Monthly Index

June 3, 2003, Council Meeting

 

Citizen Comments:                                                     None

 

Administration:                                                           Monthly Report; Work Session

                                                                                    Scheduled; Clarion County Histor-

                                                                                    ical Societyπs Special Event

                                                                                    Approved; Approved $750 Donation

                                                                                    for I Love Clarion Fireworks;

                                                                                    Adopted Resolution #2003-710,

                                                                                    Adopting and Putting into Plan the

                                                                                    Boroughπs Emergency Operations

                                                                                    Plan; Report on Police Chief;

Executive Session to Discuss Nego-

tiations for Police Chief; Hired Mark

Hall, Pending Completion of Civil Service Commission Test with Salary at $44,000 Plus Benefits

 

Public Works:                                                             Monthly Report; Clean-Up Day

Report; Rejected Summer Paving Bids and Approved Re-Bidding Project; Cost-of-Living Increase Discussed

 

Public Safety:                                                              None

 

Housing and Zoning:                                                   Monthly Report; Zoning Ordinance

and Comprehensive Plan Discussed; Public Hearing to be Scheduled; Letter from Northwest Savings Bank in Re Time/Temperature Sign to be Reviewed by Administration Committee

 

Recreation:                                                                  Pool Open

 

Mayorπs Report:                                                        Brief Telephone Call with Mark

Hall; Portable Breath Testers Purchased Through Wal*Mart Grant; New Car Status; All Cars Numbered

 

Managerπs Report:                                                      Congratulated Officer-in-Charge

Kemmer on Receiving Wal*Mart Grant; 2001 Recycling Grant Received; Park Grant Received; Submitted Vest Grant; Vests Discussed; Attending Boroughπs Association Conference

 

Old Business:                                                              Concerns with Crosswalks Not

Painted and Pedestrian Signal at Fifth Avenue and Main Street; Discussion on Signal Project and Fifth Avenue and South Street Traffic Light

 

New Business:                                                                        Public Safety Committee to Look at

Making Fourth Avenue and South Street a Four-Way Stop Intersection; Vendor Parking Around Park During Spring Fling Created Problems

 

Correspondence:                                                         None

 

The regular scheduled meeting of the Clarion Borough Council was held on June 3, 2003, in the Clarion Free Library.

 

President Wilshire called the meeting to order at 7:00 p.m.

 

Councilmembers present included Mr. Zerfoss, Mr. Herman, Ms. Vavrek, Ms. Moore, Mr. Leonard, and President Wilshire. Mr. Crooks was absent. Mayor Smathers, Ms. Lapinto, Mr. Ragon, Mr. Stutzman, and Officer-in-Charge Kemmer were also present. Solicitor Pope arrived at 7:15 p.m. (during the Executive Session).

 

The minutes of the April 28, 2003, Work Session, were approved on a motion by Mr. Herman with a second by Mr. Leonard. The motion carried with a vote of six yea.

 

The minutes of the May 6, 2003, Council Meeting, were approved on a motion by Mr. Leonard with a second by Ms. Vavrek. The motion carried with a vote of six yea.

 

The minutes of the May 28, 2003, Special Council Meeting, were approved on a motion by Mr. Herman with a second by Ms. Vavrek. The motion carried with a vote of six yea.

 

Citizen Comments: There were none.

 

Administration: President Wilshire presented the appropriations for the month of May.

 

On a motion by Ms. Vavrek with a second by Mr. Leonard, the appropriations for the month of June in the amount of $58,949.11, were approved with a vote of five yea with Mr. Zerfoss voting nay.

 

President Wilshire then presented the Monthly Treasurerπs Report, Statement of Cash Position, and Budget Analysis for information purposes.

 

President Wilshire announced a Work Session has been scheduled for June 23, 2003, at the Clarion Borough Offices, if necessary.

 

On a motion by Mr. Leonard with a second by Ms. Moore to approve the special event request from the Clarion County Historical Society for their Civil War Living History event to be held September 13 and 14, 2003, was carried with a vote of six yea.

 

President Wilshire reported Council received a request from the Clarion Area Chamber of Business and Industry for a $750 donation towards the I Love Clarion fireworks to be held July 4, 2003.

 

Mr. Herman inquired if this appropriation is budgeted for on an annual basis.

 

Ms. Lapinto stated yes.

 

On a motion by Ms. Vavrek with a second by Mr. Herman, approving the annual request from the Clarion Area Chamber of Business and Industry for a donation of $750 towards the I Love Clarion fireworks scheduled for July 4, 2003, was carried with a vote of five yea with Mr. Leonard voting nay.

 

President Wilshire asked Ms. Moore to discuss the resolution for the emergency operations plan.

 

Ms. Moore reported Clarion Borough, along with all other municipalities, are mandated to prepare, maintain, and keep current an emergency operation plan, which Mr. Zerfoss, Mayor Smathers, and she found out at a local meeting. Ms. Moore announced Mr. Zerfoss and she met with Mr. Mike Rearick, County Emergency Director, to discuss completing the plan. It will be an on-going process and constantly need updated.

On a motion by Ms. Moore with a second by Mr. Zerfoss to adopt Resolution #2003-710, a resolution adopting and putting into place the Clarion Boroughπs Emergency Operations Plan and the promulgation.

 

Ms. Vavrek inquired if a physical plan is in place.

 

Ms. Moore noted Ms. LaVan is putting everything in the proper place. The County did a nice job getting everyone an outline. Townships, the County, and institutions (like the University and public schools) are completing a document.

 

Ms. Vavrek commented the Library has a small plan in place for the building and wondered if it should be part of the Boroughπs.

 

Ms. Moore stated it would need to be listed. All the information will be in the Countyπs system so if something does happen, the County has the plan.

 

Ms. Lapinto informed everyone Mr. Rearick did a tremendous job of preparing an outline and providing a disk to the Borough with the whole plan, which the Borough fills in the pertinent information. It was a very difficult job.

 

Ms. Vavrek will get a copy of the Libraryπs plan to put with the Boroughπs.

 

The motion carried with a vote of six yea.

 

President Wilshire called on Ms. Moore, Chair of the Special Committee to hire a police chief, for a report.

 

Ms. Moore asked President Wilshire for an Executive Session before speaking on this matter.

 

Upon a request from Ms. Moore, President Wilshire called for an Executive Session to discuss negotiations for the new police chief, leaving at 7:09 p.m.

 

President Wilshire called the meeting back to order at 7:36 p.m. and stated no action was taken.

 

On a motion by Ms. Moore with a second by Mr. Leonard to hire Mark Hall, pending the completion of the Civil Service Commission non-competitive test, at $44,000 per year plus the usual benefits. The motion carried with a vote of six yea.

 

Ms. Moore stated the Borough did receive a letter of acceptance from Mr. Hall, who noted he is anxious to come to Clarion.

 

Public Works: While Solicitor Pope is reviewing the summer paving bids, Mr. Zerfoss commented the Monthly Report is in the packet for everyoneπs review.

 

Mr. Zerfoss stated the Borough doesnπt have the actual cost for Clean-Up Day yet but will by the next meeting and asked Mr. Stutzman for a report.

 

Mr. Stutzman commented it was kind of an unusual year. While there was a lot of brush, trash collection was extremely low. Mr. Stutzman isnπt sure if it was because of the holiday weekend or there just isnπt that much trash out there anymore. Everything went real nice, and County Environmental did a good job.

 

Since the Borough offers this program every year, Mayor Smathers suggested people have taken advantage previously and there isnπt that much trash.

 

Mr. Leonard noted some probably forgot due to the holiday weekend, which is what he did.

 

Like prior years, Mr. Zerfoss pointed out some piles were gone by the next morning.

 

After reviewing the paving bids, Solicitor Pope informed Council Hager Pavingπs bid is incomplete. This leaves Council with two options: taking the next responsible low bidder or rejecting all bids and re-bidding the project.

 

On a motion by Mr. Zerfoss with a second by Ms. Moore to reject all paving bids and re-bidding the project, with approval at the July Council Meeting.

 

Mr. Leonard inquired what this would do to the Boroughπs schedule.

 

Mr. Zerfoss stated it wouldnπt affect it.

 

Since it was a public bid opening, Mayor Smathers commented the other three bidders that submitted bids are now aware of the results and voiced concern the Borough would be set up to get a $43,000 bid. Mayor Smathers recommends Council accepts the $40,000 bid, which is the low bid at this point.

 

The motion carried with a vote of five yea with Mr. Leonard voting nay.

 

Before moving out of Public Works, Mr. Leonard stated heπs receiving telephone calls from retired Public Works employees wanting to know when they will receive their cost-of-living raise as per the contract. Mr. Leonard asked for an answer.

 

Ms. Lapinto reported that provision was put into the current contract. According to the Boroughπs actuary, the Borough cannot pay back benefits to employees that are no longer working.

 

Mr. Leonard asked for clarification.

 

Ms. Lapinto commented you cannot negotiate for former employees. In municipal pension plans, both police and general employees, the Borough receives funds for each person that is employed. If the benefits extend to retirees, the Borough would open itself for an actuarial loss, which the current employees and the Borough would be made to make up the difference.

 

Mr. Leonard inquired if Ms. Lapinto could send a letter to the three people so each one will know the reason.

 

Ms. Lapinto will send each a letter.

 

Public Safety: Mr. Herman had nothing to report.

 

Housing and Zoning: Ms. Vavrek stated the Housing and Zoning Report is in the packet for everyoneπs review.

 

Ms. Vavrek informed President Wilshire the corrected version of the proposed Zoning Ordinance was e-mailed late this afternoon to him. After numerous unsuccessful calls to Mr. Grossman, Mr. Ragon was finally able to reach Mr. Grossman today and all corrections were made.

 

President Wilshire will check for the document tomorrow and reported it will be available on the Boroughπs website at www.clarionboro.org for review.

 

Ms. Vavrek asked if President Wilshire would like to set up a date for a Public Hearing now or wait until the Ordinance is reviewed.

 

President Wilshire asked if the Committee is ready to proceed.

 

Ms. Vavrek commented yes.

 

Mr. Ragon stated the Committee is ready to present the document to the public. Comments have been received by Borough Council and the Planning Commission.

 

Ms. Moore inquired where copies will be for public review.

 

Once the 30-day period begins, Mr. Ragon reported copies will be available at the Borough Office, the Law Library in the Courthouse, and the Clarion Free Library.

 

President Wilshire thinks it should be held on a separate day, because the public will want to attend it.

 

Ms. Vavrek stated the new zoning map will be available with the Zoning Ordinance. It is color-coded.

 

At the Public Hearing, Mayor Smathers suggested it might be a good idea to have some large scale exhibits of the map so that residents can refer to it that night. Vinyl Graphics has the ability to enlarge maps. The current and proposed zoning could be side-by-side.

 

President Wilshire instructed Mr. Ragon to contact Vinyl Graphics for a cardboard version.

 

Ms. Vavrek questioned if Mr. Grossman plans to bring an enlargement with him that night?

 

Mr. Ragon will contact Mr. Grossman to find out. Once the proposed Zoning Ordinance and map are adopted, Mr. Grossman will produce a 24≤ x 36≤ map, which will be the official map.

 

At the May meeting, Mr. Herman stated Mr. Graney attended to answer any questions. Mr. Herman prefers Mr. Grossman attend the Public Hearing, since heπs the one thatπs been working on the document.

 

Ms. Vavrek understands Mr. Grossman will be there. The Committee will come up with a couple dates before contacting Mr. Grossman to see what will work for him.

 

Ms. Moore asked where it will be held.

 

Ms. Vavrek commented the location needs to be determined.

 

Possible locations mentioned by Councilmembers and the Mayor were the Main Street Center, the high school auditorium, the upstairs at the American Legion, and the University Chapel.

 

As indicated under correspondence, President Wilshire read a letter from Mr. Richard Bieberitz, Assistant Vice President of the Northwest Savings Bank, regarding the time/temperature sign. The Bank applied for a Variance to the provision of Borough Ordinance #99-691, Chapter 210, Section 210-33A, to retain the use of this sign with red illumination. The Zoning Hearing Board held a meeting on April 15, 2003. Several residents supported the granting of this Variance. The Board decided to continue the matter until the May meeting, where it was then denied. Therefore, Northwest Savings Bank is appealing Clarion Borough Council to change the ordinance and thanked Council, in advance, for favorable consideration of this matter. President Wilshire commented the Administration Committee will review this request.

 

Ms. Vavrek informed everyone the Boroughπs Ordinance restricts the use of red, amber, or green lighting due to a safety factor of closeness to traffic signals. This ordinance has been in affect for some time. Franklin and Coudersport both have this provision in their Zoning Ordinance; however, it doesnπt apply to their historic district. Ms. Vavrek doesnπt think this section should be removed but maybe some arrangements could be made with the Bank to do it differently. For instance, not all Northwest Savings Banks have this new sign, which means this particular sign could be moved, if not permitted in Clarion Borough. Ms. Vavrek stressed there are sign companies where white incandescent lighting is available. Ms. Vavrek asked Solicitor Pope for an opinion in terms of safety factor because the traffic light is so close to this sign, which could cause some distraction for drivers.

 

Solicitor Pope doesnπt believe heπs qualified to offer an opinion; thatπs non-legal. However, thereπs no question that the Zoning Hearing Board did the right thing by denying the request. The Board has stopped giving variances to everyone that requests one.

 

Ms. Vavrek added she has no problem with the Boardπs decision.

 

Mr. Leonard saw the sign when it was lit and stated that anyone confusing that sign for a stop light shouldnπt be driving.

 

Mayor Smathers agreed with Mr. Leonard. People have approached Mayor Smathers saying the decision was petty. At the time when that particular ordinance was written, the only lights available were incandescent bulbs, which are totally different than the light-emitting dials, LEDπs, that are currently available. Mayor Smathers feels flexibility could be built into the Zoning Ordinance that in the event a red, amber, or green lighted sign is requested it can be treated on a one-by-one, case-by-case basis.

 

Mr. Leonard agreed and feels itπs an outdated ordinance.

 

If Council feels itπs outdated, Solicitor Pope encouraged that section of the Ordinance be eliminated.

 

Ms. Vavrek stated now is the time to do that since the Zoning Ordinance has not been adopted yet.

 

Mr. Leonard agreed that there is a different type of lighting then than now. Anytime something like this happens, Borough Council is labeled to be against business and Council is not.

 

Ms. Moore reported the Zoning Hearing Board asked Council to reconsider this specific ordinance.

 

Mr. Leonard stated the Borough did the right thing and had no choice but Council does.

 

President Wilshire commented the Committee will make a recommendation by the next Council Meeting.

 

Recreation: Mr. Leonard reported the pool is open.

 

Mayorπs Report: Mayor Smathers announced he spoke with Mark Hall and Mr. Hall is anxious to come to the Borough and get to work. Mayor Smathers volunteered to show Mr. Hall around the community and introduce him to the businesspeople. It was not a long conversation, but was a good one.

 

Mayor Smathers asked Officer-in-Charge Kemmer for anything.

 

Officer-in-Charge Kemmer reported the Police Department received two portable breath testers, pbtπs or breathalyzers, through the Wal*Mart grant and demonstrated one for Council. The Department still has to get blood results, but this device provides the field test.

 

Mayor Smathers asked if there will be a photograph in the newspaper.

 

Officer-in-Charge Kemmer stated Wal*Mart handled that.

 

Mayor Smathers asked Officer-in-Charge for comments on the new police cruisers.

 

Officer-in-Charge Kemmer reported the cars are working fine. Clarion Ford Garage washes one of the cars every Saturday and keeps track of the maintenance records.

 

Mayor Smathers stated there was discussion on getting the cars numbered.

 

Ms. Lapinto pointed out thatπs already done.

 

Managerπs Report: Ms. Lapinto congratulated Officer-in-Charge Kemmer on receiving the $750 Wal*Mart Grant.

 

Ms. Lapinto announced Mr. Ragon received a Recycling Grant for the year 2001 in the amount of $8,000.

 

Ms. Lapinto informed everyone the Borough received another $5,000 Park Grant.

 

Ms. Lapinto and Officer Scheckler submitted a vest grant on-line, which should be awarded sometime at the end of the month. This would pay half the cost of the vests, which is a contract item.

 

Old Business: Ms. Moore mentioned there are still concerns about not being able to see the crosswalks on Main Street and the light at Fifth Avenue and Main Street, especially the pedestrian light going west on the south side, is dangerous due to the cars not stopping when the light changes.

 

Mr. Stutzman is aware that thereπs something wrong with the programming of the traffic light at Fifth Avenue and Main Street and brought it to the contractorπs attention since he is in town. The contractor was going to look at it; and if he canπt do anything, the technician will be contacted to come up and handle it.

 

As far as crosswalk painting, Mr. Stutzman reported all the materials are ready but the weather hasnπt been good enough.

 

Once the crosswalks are completed, Mayor Smathers commented the Police Department will enforce them. If tickets are necessary, then some will be written.

 

Mr. Leonard noted the pedestrian signs were effective and asked where they are at.

 

Ms. Lapinto stated the signs kept getting run over.

 

Officer-in-Charge Kemmer knows where one is at but is not sure where the other ones are. Big trucks ran the signs over on several occasions.

 

President Wilshire asked how much the signs are and inquired if more could be purchased. The signs did seem to work.

 

Ms. Lapinto commented the signs were given to the Borough by Penn Dot.

 

Even if the Borough has to buy some signs, President Wilshire reported the Borough should do so.

 

Ms. Lapinto informed Council the light project at Fifth Avenue and South Street has been re-bid and the contractor that completed the work at Second Avenue and Main Street will be doing the work.

 

President Wilshire inquired when the light at Fifth Avenue and South Street will be done.

 

Ms. Lapinto stated sometime this year and canπt predict any closer.

 

Mr. Zerfoss stressed the crosswalks will be painted as soon the right weather arrives. They will be painted at night. The Police Department will provide assistance for protection and safety.

 

New Business: Mr. Zerfoss asked the Public Safety Committee to consider making the intersection at Fourth Avenue and South Street a four-way stop versus present two-way stop.

 

Mayor Smathers noted the stop signs are currently north and south.

 

Mr. Zerfoss stressed the drivers need to be slowed down.

 

President Wilshire asked Mr. Herman to look into this issue.

 

Mr. Zerfoss received several complaints on the parking of the vendors around the Park during Spring Fling. Mr. Zerfoss isnπt sure if he/she put money in the meters and didnπt notice any parking tickets issued, but the businesses in that area were affected. Regular clientele had to park blocks away. Parking needs handled better in the future.

 

President Wilshire asked Ms. Lapinto to discuss this with the Chamber of Business and Industry.

 

Solicitor Pope relayed heπd appreciate that. Some of the people that visit his office are handicapped and this made it very difficult for him/her to do business.

 

Correspondence: There was none.

 

On a motion by Mr. Herman with a second by Mr. Leonard, the Council Meeting was adjourned at 8:14 p.m.

 

 

 

                                                                                    ______________________________

                                                                                    Carol Lapinto

                                                                                    Borough Secretary