Monthly Index
September 4, 2001,
Council Meeting
Citizen Comments: None
Administration: Monthly Reports; Work Session
Scheduled; Approved 2002 General
Employees’ Pension Plan MMO;
Pension Plan Presentations
Scheduled; Approved Autumn Leaf
Festival Special Event Request
Public Works: Executive Session to Discuss
Personnel Matters; Monthly Report;
Status of Employees; Leaf Drop Off;
Bee Situation in Trees; Permission
Given to Bid Out 2001 Storm Sewer
Project; Traffic Signal at Second
Avenue and Main Street Warranted by Penn Dot; Update on Second Avenue Auction; Schedule Auction on Second Avenue Property; Established Minimum Bid for Second Avenue Property
Building Project: Meeting Scheduled for New
Maintenance Building
Public Safety: Mayor’s Report; Adopted Ordinance
#01-704, Establishing Stop
Intersections; Status of Parking Meter Proposal Ordinance; Executive Session to Discuss Personnel Action Against Personnel; Employed Law Firm of Reed-Smith to Represent Borough on All Negotiations or Any Legal Matter Involving Police Department; Approved Mayor’s Decision in the Suspension of Officer Kenneth Means and Extended An Additional Day; Renew Chief’s Contract with 3.2% Salary Increase
Housing and Zoning: Monthly Report; Update on Jeffrey
Leonatti; RFP’s Due for Zoning Ordinance and Comprehensive Plan
Recreation: Pool Discussion; Meeting Scheduled
in Re Little League Season
Mayor’s Report: Sidewalk Repairs Encouraged
Manager’s Report: Budget Preparations to Begin
Old Business: None
New Business: Authorized the President and
Secretary to Sign and Deliver Deed Transaction Between Borough and Rhea Lumber Company for Property Located at Veterans Drive and Wood Street
Correspondence: Letter from Eric Faulk Requesting
Stop Sign on Eastwood Drive; Referred to Public Safety Committee
The regular scheduled meeting of the Clarion Borough Council was held on September 4, 2001, in the Assembly Room of the Clarion Free Library.
President Austin called the meeting to order at 7:00 p.m.
Councilmembers present included Messrs. Zerfoss, Rupert, Crooks, Ms. Vavrek, Mr. Riffer, and President Austin. Mr. Leonard was absent. Ms. Lapinto, Solicitor Pope, Mayor Yoho, Mr. Ragon, and Chief Reed were also present.
The minutes of the July 30, 2001, Special Council Meeting, July 30, 2001, Work Session, and August 7, 2001, Council Meeting, were approved on a motion by Mr. Crooks with a second by Ms. Vavrek. The motion carried with a vote of six yea.
Citizen Comments: There were none.
Administration: President Austin presented the appropriations for the month of September.
Mr. Riffer asked if there was an error that the oil change at Central Garage was $294.15.
Ms. Lapinto stated additional mechanical work was completed.
Mr. Zerfoss asked if the bill for Miles Developing was the final payment for the paving project completed in the Borough.
Ms. Lapinto confirmed it was.
Mr. Reaghart stated Miles Developing will redo one patch that was unsatisfactory.
On a motion by Mr. Riffer with a second by Ms. Vavrek, the appropriations for the month of September in the amount of $50,207.10, were approved with a vote of five yea with Mr. Zerfoss voting nay.
President Austin then presented the Statement of Cash Position and Budget Analysis for information purposes.
President Austin announced a work session is scheduled for September 24, 2001, at 5:00 p.m. at the Clarion Borough Offices. Councilmembers will be notified in advance if it’s not necessary.
On a motion by Ms. Vavrek with a second by Mr. Riffer, approving the General Employees’ Pension Plan Minimum Municipal Obligation for the year 2002 in the amount of $28,623, was carried with a vote of six yea.
President Austin asked Ms. Lapinto to discuss the pension plan presentations.
Ms. Lapinto reported the presentations by the investment firms on the pension proposals will be held on September 6, 2001, beginning at 10:00 a.m. The Borough’s actuary will take leadership of the meeting. Ms. Lapinto encouraged as many Councilmembers as possible to attend these meetings.
President Austin stated the Autumn Leaf Festival special event request was in the packet for everyone’s review and asked Chief Reed if anything differs from prior years.
Chief Reed commented the Kiddies Parade route has been changed and poses no problem.
On a motion by Mr. Zerfoss with a second by Mr. Crooks, approving the Autumn Leaf Festival special event request to be held from September 22-30, 2001, was carried with a vote of six yea.
President Austin commented the Police Pension Plan Minimum Municipal Obligation for 2002 requires no contributions and asked Ms. Lapinto if a motion is necessary.
Ms. Lapinto informed Council a motion is not needed at this time. A resolution authorizing the elimination of contributions to the Police Pension Plan will need adopted later in the year.
Public Works: Upon a request by Mr. Zerfoss, President Austin called an executive session to discuss personnel matters including Council, the Mayor, the Solicitor, the Borough Manager, and the Chief, leaving at 7:15 p.m.
President Austin called the meeting back to order at 7:40 p.m. and stated a matter of an employee’s retirement was discussed. President Austin asked if there were any motions.
Mr. Zerfoss stated there were no motions at this time.
Mr. Zerfoss reported the Public Works Report is in the packet for everyone’s review.
Mr. Zerfoss informed everyone Mr. Watson, Mr. Lawrence, and Mr. Stutzman are off sick. Mr. Thompson is back from Reserves. Therefore, the Public Works Department has two out of five full-time workers. Mr. Brady Ion, a summer employee, can work 24 hours a week and Mr. Jack Eck is working full-time but is undecided about the winter months. Mr. Zerfoss reported the Public Works Committee will meet soon to decide what direction to go so when the winter ordinance begins December 1st the Borough will be ready for it.
Mr. Zerfoss stressed leaf drop off will be from October 1st – December 1st only. There has been discussion of a possible spring drop off.
Mr. Reaghart stated the lower end of the Liberty Street parking lot will be the only area to drop off leaves.
Mr. Zerfoss asked Mr. Reaghart for an update on what the Department’s been doing.
Mr. Reaghart commented the Department of Agriculture is suppose to come to Clarion to look at the bee situation in the trees Downtown. The Department located many nests in buildings and they were sprayed. Merchants have mentioned that seemed to have helped quite a bit. Mr. Reaghart announced the construction work on end of the old building on Veterans Drive is completed and looks nice.
Ms. Lapinto asked for permission to bid out the 2001 Storm Sewer Project, which will be completed using CDBG funds. The work will be for brand new storm sewers and will be in the following areas: Wood Street, Seventh Avenue to Weaver Place; Weaver Place, Wood Street to Merle Road; Merle Road, Eighth Avenue to Weaver Place; Merle Road west of Weaver Place to Seventh Avenue; Merle Road east of Sixth Avenue to Ditz Place; Merle Road, Fifth Avenue to Sixth Avenue; and Madison Road, Center Place to Liberty Street. Not all this work will be accomplished but the areas are prioritized.
On a motion by Mr. Zerfoss with a second by Mr. Riffer, giving permission to bid out the 2001 Storm Sewer Project, was carried with a vote of six yea.
Ms. Lapinto informed Council the traffic signal at Second Avenue and Main Street was warranted by Penn Dot prior to the beginning of school. Penn Dot has indicated this project will be completed before the signals at Fifth Avenue and Main Street and Fifth Avenue and South Street. Ms. Lapinto contacted Representative McIlhattan who arranged a conference call where Penn Dot promised to get in touch with Clarion Borough with a definite date for the beginning of the Fifth Avenue project. More and more complaints are being received for that area.
On behalf of Council and the Mayor, Mr. Zerfoss thanked Mr. Reaghart on his job keeping Public Works afloat.
President Austin asked Solicitor Pope to give Council an update on where the Borough is with the auction at Second Avenue.
Solicitor Pope expected to have copies of advertisements and brochures for the sale of the Second Avenue property. Several telephone calls resulted in a conversation today with the auctioneer during which several things were relayed to Solicitor Pope. Most importantly is one of the people who are recognized as an interested bidder has started to circulate and raise issues about the property that would otherwise be described as trying to discourage other interested bidders. When Council discussed this sale, Solicitor Pope recommended that Council do so without reserve. This kind of activity or action wasn’t contemplated. Since this kind of action has started, Solicitor Pope feels there may be good reason to change the Borough’s position on that and establish a reserve for the sale of the property. Solicitor Pope also voiced his opinion that the advertisement concerning the sale of this property, which is to be used for development purpose, is very, very short and may not give adequate time for perspective bidders to formalize his/her plan concerning purchase of the property resulting in the bidder using a low ball number because contingencies haven’t been satisfied. Although it would be a decision for Borough Council to make, it involves a non-legal opinion. Solicitor Pope suggested the Borough seriously consider whether or not this property should in fact be sold with reserve, which Solicitor Pope feels it probably should at this time, and further consider moving the sale date back as ammunition to the auctioneer to get the advertisement and brochures prepared to give due time for people to respond.
President Austin asked Solicitor Pope to explain what is meant by reserve.
Whether a property is sold with reserve or not, Solicitor Pope commented depends on whether or not the owner announces at the beginning of the sale that the property will not be sold unless a certain number is reached. As a reminder, Solicitor Pope was a proponent of that because the thought was it would enhance the selling price. The assumption was based upon the belief the Borough would be playing on a level field and the Borough’s efforts to get the highest and best price wouldn’t be sabotaged. However, that’s no longer the case. To prevent someone who may be involved in this kind of conduct from buying the property at less than it’s fair market value because no reserve has been posted is an issue Council must address.
In reference to delaying the sale of property, President Austin inquired how long of a time should Council discuss?
Solicitor Pope stressed that would be Council’s judgment. This is more complicated than buying a house because someone is going to buy this property for re-sale. That person has to consider his/her development costs, develop a plan for improvement of the property and removal of the buildings, which is a condition of the sale. To allow for a period less than 30 days to accomplish all that may result in people having some unknowns; and as a result, drive the bid price down to compensate for the unknown. Solicitor Pope would think that there should be some preliminary advertisement and at the very minimum 60 days which would include the posting of the property for sale. That’s just an opinion.
President Austin questioned if Council should set it for the spring of 2002.
Solicitor Pope commented that would be Council’s decision. Given the fact that there’s money borrowed and once the department moves into the new facility the old facility will not be used, Solicitor Pope sees no reason to delay. The sooner it’s sold the better off the Borough would be.
At antique auctions, Mr. Riffer notices the buyer assumes the commission and asked if that could be a stipulation as well.
Solicitor Pope stated any term advertised can be a term of the sale and binding upon the bidder. Council can do that or can accept and reserve all bids. The only trouble with that is people are going to have to go through efforts to develop his/her bids. If the bidder feels he/she is going to go through all this and the Borough rejects the bid because it’s not enough that may discourage participation. Solicitor Pope is inclined to think the Borough should establish a reserve number whether it’s $30,000 or $80,000.
If Council knew what the potential problems are being spread around by this person, Mr. Crooks asked if Council wouldn’t be further ahead to address the problems head on.
Solicitor Pope stressed the sale is a buyer beware sale; the Borough makes no warranties or representation concerning the condition of the property and feels that’s appropriate. Every property has problems or one can be made up for it. If Council’s position is to address every rumor people start concerning this property that can be done. Solicitor Pope personally feels it’s not helpful or a good business decision but that’s non-legal advice.
Ms. Vavrek commented the so-called interested bidder could be raising issues that might not have any bearing on this property at all.
Solicitor Pope agreed and stated the comments could be made without merit. Solicitor Pope urged Council’s had enough discussion on this issue and doesn’t want to scare potential bidders from the property. People should look at the property and make a judgment.
President Austin commented it is certain now that the anticipated early October auction is no longer scheduled.
After the telephone conversation with the auctioneer, Solicitor Pope instructed the auctioneer to contact him tomorrow at 11 a.m. at which time Solicitor Pope would advise him what action concerned this property and to do no more.
If it’s delayed 30 days or 60 days, President Austin pointed out it would be the dead of winter.
Mr. Riffer stressed that shouldn’t be the Borough’s problem. The Borough needs to procure the necessary procedures to auction off the property and move on. In today’s building world, contractors build all year round.
After some discussion, on a motion by Mr. Crooks with a second by Ms. Vavrek to schedule the auction of the Second Avenue property to be held on November 5, 2001, at a time to be determined by the auctioneer and Administration Committee. The motion carried with a vote of six yea.
Solicitor Pope now commented Council must decide on the issue of reserve.
Realizing the prices the County has received from different property owners, Mr. Riffer feels if Council sets a minimum figure of $150,000 and buyer’s premium somebody is getting a good deal. That’s considering 6 lots on that 2½-acre of property.
Mr. Crooks disagreed that Council should set a minimum bid. A lot of people that do not pay that kind of money will never get to the bidding process. There’s a lot of money that has to be spent on that property.
Mr. Riffer stated Solicitor Pope brought up a good point that rumors fly pretty fast. Even though there isn’t any merit to it, many can be discouraged. Mr. Riffer feels Council must represent the best interest of the residents. Giving the property away isn’t serving his/her interest.
Mr. Crooks feels the market would work out fine if Council lets it.
When Council bid the property before, Mr. Riffer stated it didn’t work.
If Council starts with a price that high, Mr. Crooks reported it won’t sell.
If it doesn’t, Mr. Riffer pointed out then Council goes back to the drawing board.
President Austin again asked for clarification for the difference between establishing a minimum bid or saying the seller has the right to reject or accept a bid. If Council rejects or accepts a bid, isn’t that establishing a minimum bid?
Solicitor Pope commented no. Hypothetically if there are 5 lots there and Council sets a minimum bid of whatever, people know if he/she bids that amount that he/she is guaranteed or the next highest bid over and above will get it. The bidder will look at the property and make a rough decision as to whether it’s worth the minimum price or not. If it is, the bidder will proceed; if not, he/she will not. On the other hand, Solicitor Pope stated if the owner reserves the right to reject all bids, then people may not spend his/her time, effort, and resources into developing a legitimate bid because the Borough may not accept the bid anyhow.
If Council would approve a single-family townhouse development, Mr. Riffer stated $150,000 would be very, very reasonable and cheap.
Solicitor Pope remarked Council’s decision is whoever purchased the property is buying it with the existing Zoning Ordinance in effect now. If Council seriously deviates from that Ordinance, Solicitor Pope’s personal opinion is Council would do a substantial injustice to everyone who tried to comply with the Zoning Ordinance and make it a real questionable value. It’s single-family residence now and should remain that way. Other people try for variances and Council knows how the Zoning Hearing Board feels about it and the Board is legally correct.
President Austin questioned if it would be to Council’s advantage to have somebody come in and assess the value of the property.
Solicitor Pope recalls Council already did that. The standard in industry is a person assesses the minimum bid between 75-80% what is believed is fair market value.
Mr. Crooks asked if it wouldn’t be better for Council to be present at the auction and if a bid isn’t acceptable to reject any and all bid right on the spot.
Solicitor Pope stressed that really causes people who want to make an investigation go away.
After some discussion, on a motion by Mr. Riffer with a second by Mr. Zerfoss to establish a minimum bid for the Second Avenue property in the amount of $150,000 and buyer’s premium.
Solicitor Pope reported the auctioneer gets paid a knock down price. If Council sets a real high reserve, Solicitor Pope is unsure what will happen to the auctioneer fee.
The motion carried after the following roll call vote: Mr. Zerfoss, yes; Mr. Rupert, yes; Mr. Crooks, no; Ms. Vavrek, yes; Mr. Riffer, yes; and President Austin, no.
Building Project: President Austin announced a meeting has been scheduled for September 7, 2001, at 10:00 a.m. at the new maintenance building where Clarion Borough, through the engineers, will accept the transfer of the building.
Public Safety: Mr. Riffer commented the Mayor’s Report is in the packet for everyone’s review.
On a motion by Mr. Riffer with a second by Mr. Zerfoss, adopting Ordinance #01-704, an ordinance establishing stop intersections at the intersection of Center Place and Merle Road; at the intersection of George Road and Weaver Place; and at the intersection of Church Road and Seventh Avenue, was carried with a vote of six yea.
Mr. Riffer inquired the status of the Parking Meter Proposal Ordinance.
Ms. Lapinto stated Chief Reed and Solicitor Pope worked on that ordinance and it will be advertised this month with approval in October.
Solicitor Pope asked Mr. Riffer to review the ordinance to make sure it’s what is wanted.
Upon a request by Mr. Riffer, President Austin called an executive session to discuss personnel action against personnel, including Council, the Mayor, the Solicitor, the Borough Manager, and the Chief, leaving at 8:15 p.m.
President Austin called the meeting back to order at 8:50 p.m. and stated no official action was taken. President Austin asked for any motions at this time.
On a motion by Mr. Riffer with a second by Ms. Vavrek that Clarion Borough hire the law firm of Reed-Smith to represent the Borough on all negotiations or any legal matter involving the Police Department, was carried with a vote of five yea with Mr. Zerfoss abstaining due to his son being a member of the Clarion Borough Police Department.
Mr. Riffer announced Mayor Yoho sent a letter dated August 31, 2001, to Officer Kenneth Means where Officer Means was suspended until the Council Meeting for reasons stated in the letter.
Solicitor Pope informed Council the Mayor can only suspend up to the Council Meeting. According to the letter, if Council wishes to suspend the officer for more than that, then the motion would be to approve the suspension issued by the Mayor and any additional suspension of whatever other days if Council wishes to do so.
On a motion by Mr. Riffer with a second by Mr. Crooks, approving the decision of the Mayor Yoho in the suspension of Officer Kenneth Means for September 3rd and 4th and extending the suspension an additional day, September 5th, was carried with a vote of four yea with Mr. Rupert voting nay and Mr. Zerfoss abstaining due to his son being a member of the Clarion Borough Police Department.
Mr. Riffer asked the Administration Committee to discuss the Chief’s contract renewal.
Ms. Vavrek stated the Administration Committee met with Chief Reed to discuss the contract. The current contract states if no changes or significant differences are made in the contract, it would remain as previously written. The Administration Committee proposes to give Chief Reed a 3.2% salary increase, which Council must approve.
On a motion by Ms. Vavrek with a second by Mr. Riffer, renewing Chief Reed’s contract with a 3.2% salary increase, was carried with a vote of five yea with Mr. Zerfoss abstaining due to his son being a member of the Clarion Borough Police Department.
Housing and Zoning: Ms. Vavrek reported the Housing and Zoning Report was in the packet for everyone’s review.
Ms. Vavrek commented the Clarion Area Authority Board did not meet during the month, which is the reason there are no minutes in the packet.
Ms. Vavrek announced the newspaper reported the results of Mr. Jeffrey Leonatti’s hearing in reference to his rental units on Seventh Avenue and Church Road and the grass citations and will not elaborate on that issue. Currently, there are no renters in the house on Seventh Avenue.
Ms. Vavrek reminded everyone the Request for Proposals for the Zoning Ordinance and Comprehensive Plan are due September 5, 2001, at 3:00 p.m.
Recreation: Ms. Lapinto reported the pool is closed. It was a good year and went a lot easier for the Borough with the YMCA managing the pool.
Mr. Zerfoss informed everyone a meeting has been scheduled for September 19, 2001, at 7:00 p.m. at the Clarion Borough Offices involving Clarion Borough, Little League representatives, and all townships and boroughs involved with the program to discuss the season and funding. In April, a meeting was held prior to the season and townships and borough representatives mentioned their budgets were already set. Therefore, Mr. Zerfoss hopes all municipalities will be able to attend this meeting and commit money in their 2002 budget for the program.
Mayor’s Report: Mayor Yoho encouraged people to continue repairing his/her sidewalks.
Manager’s Report: Ms. Lapinto stated she will begin budget preparations. This year’s goal is to computerize the zoning department.
Old Business: There was none.
New Business: Solicitor Pope provided Council with a deed that’s necessary to complete the transaction between the Borough and Rhea Lumber Co. The deed is in consideration of $1,510. Council must authorize the President and Secretary to sign and deliver the deed.
On a motion by Mr. Zerfoss with a second by Mr. Crooks, authorizing the President and Secretary to sign and deliver the deed transaction between Clarion Borough and Rhea Lumber Company in the consideration of $1510 for the property located at Veterans Drive and Wood Street, was carried with a vote of six yea.
Correspondence: Ms. LaVan read a letter from Mr. Eric Faulk, 17 Horizon Heights, on behalf of the residents of the Troese Addition requesting the addition of a stop sign on Eastwood Drive at the intersection of Eastwood Drive and Horizon Heights. The neighborhood has experienced increased traffic flow with the opening of Veterans Drive. Some drivers travel faster than the speed limit, and Mr. Fault stressed everyone is concerned with the safety of drivers and children in the neighborhood. Attached to the letter were signatures of other residents that would like to see the addition of the stop sign.
President Austin directed the Public Safety Committee to review this request with recommendation at that next work session.
On a motion by Mr. Riffer with a second by Ms. Vavrek, the Council Meeting was adjourned at 9:00 p.m.
______________________________
Carol Lapinto
Borough Secretary