Monthly Index

November 2, 2004, Council Meeting

Citizen Comments:               Curtis Snell, Representing Students

                     at Reinhard Villages, In Re

                     Sidewalks

Administration:               Monthly Report; Work Session

                     Scheduled; Approved Free Parking

                     for Christmas Season

Downtown Committee:            None

Public Works:                  Monthly Report; Leaf Drop Off;

                     Working on Receptacles in

                     Downtown Area

Public Safety:                  Letter from Eleanor Kent; Adopted

                     Ordinance #2004-727, Snow

                     Removal Ordinance; Update on

                     Hiring of Police Officer; Permission

                     Given to Purchase Police Cruiser;

                     Discussion on Hazardous Situations;

                     Add Stop Sign on Wood Street at

                     Sixth Avenue and Add Stop Signs at

                     Sixth Avenue and South Street for

                     Period of 60 Days; Police Contract

                     Status

Housing and Zoning:               Monthly Report; Work on RFP’s for

                     Third-Party Agency; Discussion on

                     Brush and Tree Ordinances

Recreation:                  Park Project Status

Manager’s Report:               Thanked Council, Mr. Ragon, and

                     Ms. LaVan; Discussed Water

                     Company Request to Bag Meters to

                     Install New Line

Old Business:                  None

New Business:                  Cable Discussion

Correspondence:               None

The regular scheduled meeting of the Clarion Borough Council was held on November 2, 2004, in the Assembly Room of the Clarion Free Library.

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

Councilmembers present included Messrs. Zerfoss, Herman, Ms. Vavrek, Ms. Moore, Mr. German, and President Wilshire.  Mr. Crooks was absent.  Ms. Lapinto, Mr. Ragon, Mr. Stutzman, and Chief Hall were also present.  Mayor Smathers was absent.

President Wilshire asked everyone to stand and recite the Pledge of Allegiance.

The minutes of the October 5, 2004, Public Hearing, were approved on a motion by Ms. Vavrek with a second by Mr. Herman.  The motion carried with a vote of six yea.

The minutes of the October 5, 2004, 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:  Mr. Curtis Snell, representing students at Reinhard Villages, addressed Council regarding the lack of sidewalks in that area, which is out of the Borough.  The students would like Council to discuss the situation with the Clarion Township to see if something can be done.

Mr. Zerfoss agreed the students have a problem.  Living on Oakwood Drive, Mr. Zerfoss sees many of the students with backpacks walking to class.  Despite what some Councilmembers believe, the majority of this problem is in Clarion Borough.  The Public Works and Public Safety Committees looked at this area, because many people thought the problem was in Clarion Township but it’s not.

Mr. Herman commented the mouth of the entrance to Reinhard Villages is in the township.  Not more than 75-100’, Reinhard Villages put up a steel fence designating where their property line ends; and, on the other side, the Borough’s property begins.  Everyone agrees the Borough doesn’t have the funds to construct sidewalks.  However, Mr. Herman realizes it’s something that needs discussed and addressed.

Mr. Snell pointed out the problem will get worse as winter arrives.

Since it crosses boundary lines, Mr. Herman feels it needs to be a community effort between the township, Borough, Penn Dot, and a Reinhard Village representative.  Not only are the sidewalks a problem, but lighting is poor in this area as well.  The residents of Reinhard Villages need to try to keep this issue on the front burner and not in a negative way but a positive way so something can be resolved to help those who are walking out there.

Mr. Zerfoss stressed the people walking are going to and from class.  The Borough should not force the homeowners to put in and maintain sidewalks because of that development.  Mr. Zerfoss could never support that.

Mr. German inquired when a homeowner needs to have a sidewalk and not.

If a sidewalk exists, Mr. Ragon pointed out he/she has to maintain them.  If there’s no sidewalk there, then the Borough doesn’t force anyone to put them in.

Mr. German asked what the first step is in the process of getting this solved.

Mr. Zerfoss stated the Foundation has to acknowledge a problem exists.

Mr. Herman added the next step is for all parties to meet and come up with a possible solution.

Because it involves a state highway, Ms. Lapinto commented the main player will be Penn Dot. 

President Wilshire suggested a state representative be included as well.  President Wilshire asked Mr. Snell if he met individually with someone from the Foundation or as a group.

Mr. Snell informed everyone the residents meet every two weeks.  Two weeks ago, a representative from the Foundation attended the meeting, who agreed it was a problem.  Four days after that, an article appeared in the paper, which stated the opposite.

For safety purposes, Mr. German asked if there was any short-term solution.

Mr. Ragon stated residents should ride the bus.

President Wilshire reported Council will arrange a meeting with all involved parties and encouraged the residents to continue meeting with the Foundation.  President Wilshire stressed the Foundation is the one who started the development and should be responsible for the impact.

Mr. Snell thanked Council for his/her time.

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

On a motion by Mr. Herman with a second by Ms. Moore, approving the appropriations for the month of November in the amount of $39,514.46, was carried with a vote of five yea with Mr. Zerfoss voting nay.

President Wilshire also presented the Monthly Transaction Report, Statement of Cash Position, Budget Analysis, and Overtime Comparison Report for information and asked Ms. Lapinto for any comments.

Ms. Lapinto stated the Borough is quickly running out of money.

Mr. Zerfoss noticed the receipts for the month of October were approximately $35,000 and believes the heavy months to get receipts are already passed.  The Borough has November and December of this year and January through April of next year before the big tax receipts come in.  Mr. Zerfoss asked if the red flag should be going up at this point.

Ms. Lapinto noted there are some transfers that have to be made, but the Borough is very close to the end of any surplus.

President Wilshire asked if the Borough has enough money to fund the budget.

Ms. Lapinto stated yes.  January is a very heavy month for taxes, because people hurry to pay his/her taxes before being forwarded to the Tax Claim Bureau. 

Mr. Zerfoss inquired if the $90,805 in the Pension Fund comes once a year.

Ms. Lapinto reported yes and pointed out $26,000 was sent to the fire company and $63,000 went to the Borough’s pension plans to fund the Minimum Municipal Obligation’s the Borough approved in September.

In the deed transfers listed in the newspaper, Mr. Zerfoss noticed different property owners deeding his/her property to the Foundation and asked Ms. Lapinto if the Borough is going to receive payment in lieu of taxes.

As part of the agreement, Ms. Lapinto announced any new properties will be included.  Mr. Ragon is keeping track of these properties to ensure the money is received.

As the newest Councilmember, Mr. German asked where the Borough is at this point as compared to the last several years.

Ms. Lapinto stated the Borough has run the course.  The general cost of government has increased.

Mr. German inquired if that will be reflected in the budget.

Ms. Lapinto commented yes.

President Wilshire announced a Work Session is scheduled for November 29, 2004, at 5:00 p.m. at the Clarion Borough Offices and noted Council will be reviewing the budget.

President Wilshire stated everyone received a copy of the request from the Clarion Area Chamber of Business and Industry regarding free parking for the Christmas season.  Customer Appreciation Day is scheduled for November 22nd and the Christmas Parade is scheduled for December 4th.  The Chamber is requesting free parking November 22, 26, and December 10-27, 2004, for the Christmas shopping season.  Traditionally, Council approves the free parking request for the entire Borough to avoid confusion.

Ms. Moore asked how this compared with previous years.

President Wilshire commented it’s identical.

At a CABA Meeting, Ms. Lapinto informed Council CABA has some new ideas and it’s well organized.  CABA is trying to involve the University and the theme is the new movie Tom Hanks is in, ‘Polar Express’.  Big boxes will be set up throughout the Downtown area for children to drop off his/her letters to Santa. 

Mr. German questioned how long Council has been approving free parking.

President Wilshire reported for a very long time.

Mr. Zerfoss added it’s been done since he’s first been on Council.  Last year was the first year Borough Council approved free parking throughout the entire Borough.  Prior to that, it was only approved on certain streets, which caused confusion. Mr. Zerfoss encouraged business owners to inform his/her employees not to park in the Downtown area.

On a motion by Mr. Zerfoss with a second by Ms. Moore, approving the request from the Clarion Area Chamber of Business and Industry for free parking throughout the entire Borough on November 22, 26, and December 10-27, 2004, for the Christmas shopping season, was carried with a vote of six yea.

Downtown Committee:  Ms. Moore had nothing to report.

Public Works:  Mr. Zerfoss stated the Public Works Report is in the packet for everyone’s review. 

Mr. Zerfoss reported bagged leaves will be accepted at Paul A. Weaver Park until December 6th.  After that, the Department will be busy with the winter ordinance, which begins December 1st.  The Department will have a day shift and a night shift. 

Mr. Zerfoss announced the Department will begin working on the receptacles around the trees along Main Street.  The receptacles are in bad shape and will probably take a week to repair.  Hopefully, they will be in working condition so lights can be placed on the trees for the Christmas season. 

Public Safety:  Mr. Herman stated everyone received a copy of the letter from Eleanor Kent in reference to the Snow Removal Ordinance.  The problems that Ms. Kent is experiencing is with snow shoveling and people parking at the end of her driveway making it difficult to get out.

Ms. Moore commented it sounds as though the Public Works Department is plowing the snow from the street and it is ending up on her sidewalk.

Mr. Stutzman reported the Department is not able to get enough speed to force the snow onto her sidewalks.

Mr. Herman suggested Mr. Ragon, Mr. Stutzman, and Chief Hall review the issues and report back to Council.

On a motion by Mr. Herman with a second by Ms. Vavrek to adopt Ordinance #2004-727, Snow Removal Ordinance.  The motion carried with a vote of six yea.

Mr. Herman updated Council on the hiring of a police officer.  The written test was given October 16th and the oral examination and physical ability test was given on October 22nd.  Currently, the background investigations are being completed by the Chief, which should be done by the end of the week or early next week.  Once the Civil Service Commission sends the three names onto Council, Mr. Herman reported the Public Safety Committee, along with the Mayor and Chief, will interview the candidates and bring a recommendation to Council.  The Committee is hoping to have a recommendation before the first of the year.

Due to the budget situation and some other factors, Mr. Herman stated the Committee has held off purchasing a new police vehicle.  However, at this time, the Committee is ready to get permission to purchase one.  An amount of money was included in the budget for police overtime and a part-time officer.  Money remains in this line item that can be used towards purchasing the vehicle.

Mr. German asked what the purchase price is.

Mr. Herman stated the Borough wishes to purchase the vehicle from Day Chevrolet on the State Piggyback System at the price of $17,750.  This will not be purchased outright but over a period of time.  The Committee discussed doing it on a 3-year lease, but Ms. Lapinto may be able to get a better price going a different route.

President Wilshire verified the Borough’s not leasing the vehicle.

Ms. Lapinto stated it’s similar to leasing.  The Borough pays three years and then pays a $1 and the car belongs to the Borough.

Mr. Zerfoss inquired if the Borough is purchasing a Chevrolet.

Mr. Herman agreed.  The price of the Ford is $2,000 more than the Chevrolet.  Chief Hall checked with Seidle’s Chevrolet to make sure they would do the same maintenance as the Ford garage is doing now with the current vehicles.  Seidle Chevrolet agreed to do that.  Mr. Herman stated Chief Hall wanted to go with the Chevy Impala.

Mr. German inquired if the vehicle will be fully equipped.

Mr. Herman agreed it would come with the police package.

Mr. German asked Chief Hall if the car is what the Department needs.

Chief Hall commented yes.

Mr. Zerfoss recalls a discussion a couple months ago about the striping of the cars.  The vehicles look excellent the way they are now and it shouldn’t be changed to black stripes.

Mr. Herman commented there are no plans to do that.  Chief Hall has a recommendation that he will be making to the Public Safety Committee on an additional way to save money. The car is ready to go and should arrive 30-45 days after being ordered.  Mr. Herman added the car is necessary.  The 2000 vehicle has been inoperable for many months due to mechanical problems.  The plans are to sell at least one vehicle, if not two, and that would recoup some money.

On a motion by Mr. Herman with a second by Ms. Moore, giving permission to purchase the 2005 Chevy Impala from Day Chevrolet on the State Piggyback System at the price of $17,750, was carried with a vote of six yea.

Mr. Herman stated the Public Works and Public Safety Committees looked at a few safety hazard situations.  The Committees recommend for a trial period of 60 days the following changes: 1) add a ‘No Parking Here to Corner’ sign on the northwest side of Third Avenue and Liberty Street; 2) add a stop sign on Wood Street at the Sixth Avenue intersection; and, 3) add stop signs on both the north and south intersections of Sixth Avenue and South Street.  Vehicles parking at the corner of Third Avenue and Liberty Street make it difficult for school buses to turn the corner.  This would only eliminate one parking space.  There is a beauty salon at this location.  Mr. Herman asked Mr. Zerfoss for additional comments.

If a vehicle is parked on Third Avenue, Mr. Zerfoss reported the buses cannot make that left-hand turn and usually have to back up, which is a problem when traffic is behind it. 

Mr. German inquired if the Borough is just doing this for the buses.  There is an alternate route the buses could take.

Mr. Zerfoss commented the buses would run into the same problem.

President Wilshire asked if the school requested this be done.

Mr. Zerfoss reported no.  The Public Works Department noticed this problem and a couple of bus drivers have approached Mr. Zerfoss about it.  The one parking space removed is worth eliminating a safety hazard.

Mr. German asked if the business owner was notified.

Ms. Lapinto stated the business wasn’t open at that time.

Mr. Zerfoss pointed out parking is available on the other side of Third Avenue.

President Wilshire feels a lot of people get dropped off in front of that business.

If he/she is just getting dropped off, Mr. Herman reported that would be allowed.

Mr. German added he/she couldn’t park there.

Mr. Herman stressed this is just for a 60-day trial period.

Ms. Moore thinks this spot is mostly used in the afternoon. 

Mr. Zerfoss agreed but stated it varies.

After discussion with Ms. Moore, Mr. Herman stated the general feeling is the people traveling east on Wood Street are traveling at a high rate of speed.  A stop sign should solve this problem.

Ms. Moore reported it is difficult for side street traffic to see, which becomes worse in the wintertime when the snow is piled on the corner.

Mr. Herman informed Council Mr. Stutzman is going to put a stop sign on both sides of Wood Street with a flashing red light to make sure people notice them.

Mr. Zerfoss reminded everyone Ms. Showden attended the last Council Meeting and mentioned what a difference the stop sign made during the week of Autumn Leaf.

Mr. Herman stated the Committees noticed the increased traffic flow on South Street due to the new traffic signal.  The Committees want to eliminate the possibility of someone getting t-boned at that intersection and feel the adding of stop signs on both the north and south intersections of Sixth Avenue and South Street will solve the problem.  Mr. Herman reported a person is not allowed to park 30’ from a stop sign, which means one parking space in front of each sign will need removed.  This is the third suggestion for a 60-day trial period.  For information, Mr. Herman pointed out the Committees are considering the possibility of making Boundary Street one-way traveling east from Fifth Avenue to Sixth Avenue, opposite what it is now.  People using Boundary Street currently have to cross traffic.  Since that is a state highway, the Committees need to get Penn Dot’s input.  Mr. Herman stated people traveling into the Downtown area would be able to take a right-hand turn onto Boundary Street and use it as a shortcut.  Changing the direction may alleviate some traffic going into Clarion.  The problem could arise where people driving south on Fifth Avenue want to turn left onto Boundary Street, meaning he/she would be crossing traffic.  Penn Dot may want to restrict left-hand turns.

Mr. Zerfoss feels Boundary Street could be an ideal by-pass for people coming up Fifth Avenue into Clarion that wish to go to the University, glass plant, or anywhere in that vicinity.

Mr. Herman reminded everyone this isn’t going to be voted on tonight but a meeting will be held.  It is a safety concern.

Once printed in the newspaper, if people don’t like these suggestions, Mr. Zerfoss feels people will be contacting the Office to give his/her opinion.

President Wilshire doesn’t support the first suggestion with the no parking sign at Third Avenue and Liberty Street and feels the Committees should discuss it with the school and the bus drivers first.  President Wilshire voiced concern that motorists will not be able to stop going down Sixth Avenue in the wintertime.

Mr. Zerfoss reported that hill isn’t any steeper than the one going down Fifth Avenue to South Street.  That area is very dangerous.  While Mr. Zerfoss was driving his grandson around the Borough for his paper route last week, Mr. Zerfoss had to make a quick turn into a yard to avoid being hit.  The Public Works Department does a good job keeping the streets plowed and salted, and there’s no reason that motorists will not be able to stop.

Mr. Herman feels everyone agrees with the stop sign on Wood Street at Sixth Avenue and asked each one to give his/her opinions on the other two.  If the support is not there, then the Committees will not do that one.

Since this is for a 60-day trial period, Mr. German asked President Wilshire if he’d be willing to try it.

President Wilshire feels the Borough has so much in place already.

Ms. Moore commented she’d love to see the stop sign at Wood Street and Sixth Avenue.

Mr. German doesn’t feel the no parking here to corner sign at Third Avenue and Liberty Street will solve the problem but is willing to try it; agrees with the stop sign at Wood Street and Sixth Avenue; and will try the stop signs on Sixth Avenue, both sides, at South Street but noted it will be interesting to see what happens.  Mr. German asked when the signs would be in effect.

Mr. Herman reported as soon as the Public Works Department can get them in place.

Ms. Moore commented she’d prefer to hear more from the owner of the beauty salon and the school district or bus drivers before trying #1; #2 is terrific; and #3 would be willing to give it a try to see if it works.

President Wilshire could try #2 and #3 but feels Sixth Avenue and South Street is still going to be a problem.

After a lengthy discussion, on a motion by Mr. Herman with a second by Mr. Zerfoss that for a period of 60 days to add a stop sign on Wood Street at Sixth Avenue and to add stop signs on both the north and south intersections of Sixth Avenue and South Street, which will include removing the parking space in front of where each sign will be placed to allow the 30’ distance as required by Penn Dot.  The motion was carried with a vote of six yea.

Mr. Zerfoss asked the status of the Police Contract.

Mr. Herman informed everyone the Committee met with the Bargaining Unit on two occasions.  A couple of issues have been resolved and it’s time to sit down and try to negotiate the contract.

President Wilshire verified Council will be informed on the contract before adoption.

Mr. Herman and Ms. Vavrek both agreed.

Housing and Zoning:  Ms. Vavrek reported the Housing and Zoning Report is in the packet for everyone’s review.

Ms. Vavrek stated Ms. Lapinto and Mr. Ragon are working on the RFP’s for the third-party agency for the Uniformed Construction Code.

Ms. Vavrek reported Mr. Zerfoss, Mr. Stutzman, Mr. Ragon, and she met to review the ordinances dealing with brush and trees.

Recreation:  Mr. German commented the Park project is moving right along.  The parking lot is lined, the restroom is up, and the fittings should be done within 10 days.  Mr. German stressed it’s definitely an improvement.

Manager’s Report:  Ms. Lapinto thanked everyone for bearing with her during this time and Mr. Ragon and Ms. LaVan for picking up the slack.

Old Business:  There was none.

New Business:  Mr. Zerfoss stated it’s not really new but he is still experiencing problems with cable reception.  Channel 5 isn’t on anymore.

President Wilshire stated it’s now Channel 19.  President Wilshire instructed Ms. Lapinto to contact Attorney Dan Cohen to see if Adelphia could change that channel without notifying the Borough.

Ms. Lapinto informed Council Adelphia is not living up to the agreement.  The reception is not clear, Channel 5 was changed to 19, and the fees are not being received on time.

Mr. Herman commented Channel 5 was moved to 19 and 19 then went to 5, which doesn’t seem logical.  Also, Oil City cable includes all three Pittsburgh and all three Erie stations.  The Borough was unable to get an Erie station with the cable package.  Mr. Herman feels Adelphia should be pressed to add Channel 24, an Erie station, so the Borough has a second ABC affiliate.

President Wilshire noted Adelphia doesn’t have a local phone number so it’s very difficult to get in touch with someone.

Mr. German inquired if a report was prepared on how much the Borough saved by completing the Corbett Street storm sewer project in-house.

Mr. Zerfoss stated Council will have one by the Work Session.

Ms. Moore asked how Halloween worked out on a Sunday.

Ms. Lapinto commented fine.

Ms. Moore didn’t notice too many people at the fire hall.

Mr. Stutzman reported the attendance for the parade was below average.

Mr. Zerfoss received a couple phone calls complaining that Halloween was on a Sunday.

Correspondence:  There was none.

On a motion by Mr. Herman with a second by Mr. German, the Council Meeting was adjourned at 8:10 p.m.

                     ______________________________                     Carol Lapinto

                     Borough Secretary