Monthly Index

December 7, 2004, Council Meeting

Citizen Comments:               Don Ion Requesting Stop Signs on

                     Second Avenue; Dave Hauser

                     Addressed Council with Three Issues

Administration:               Monthly Reports; Proposed 2005

                     Budget, Tax Ordinance, and Fee

                     Schedule; Approved to Advertise

                     Occupation Privilege Tax Ordinance;

                     Terms of Boards or Committees to

                     Expire; Permission to Advertise

                     Ordinance Amending Police Pension

                     Plan; Susan Beary to Replace John

                     Schmader as Wage Tax Administra-

                     tor; Adelphia Discussion with

                     Motion for Adelphia to Return

                     Channel 5 to Channel 5

Downtown Committee:            Thanked Public Works for Hanging

                     Wreaths and Working on Electric

Public Works:                  Monthly Report

Public Safety:                  20-Hour Shifts No Longer

                     Occurring; Permission to Advertise

                     Stop Signs on Wood Street and

                     Sixth Avenue and Sixth Avenue and

                     South Street; Discussion on Handi-

                     capped Spot In Front of Post

                     Office, Followed with Motion to

                     Try for 60-Day Period; Discussion

                     on Overtime Costs

Housing and Zoning:               Monthly Report

Recreation:                  None

Mayor’s Report:               Reminder on Parking Ordinance

                     and Snow Removal Ordinance

Manager’s Report:               None

Old Business:                  Status Sidewalks for Greenville

                     Avenue

New Business:                  Executive Session to Discuss

                     Personnel; No Action Taken;

                     Reopened Appropriations and

                     Amended Gift Certificates for

                     Downtown Dollars

Correspondence:               Letter from Don Montgomery

                     in re Parking Meter Change;

                     To Be Reviewed by Downtown

                     Committee

The regular scheduled meeting of the Clarion Borough Council was held on December 7, 2004, in the Assembly Room of the Clarion Free Library.

President Wilshire called the meeting to order at 7:03 p.m.

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

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

The minutes of the October 25, 2004, Work Session, were approved on a motion by Mr. Crooks with a second by Ms. Moore.  The motion carried with a vote of seven yea.

The minutes of the November 2, 2004, Council Meeting, were approved on a motion by Mr. Herman with a second by Ms. Vavrek.  The motion carried with a vote of seven yea.

Citizen Comments:  Mr. Don Ion, 47 South Second Avenue, Clarion, asked Council to consider adding two stop signs at Wood Street and Second Avenue.  If anyone has an opportunity to watch the flow of traffic on Second Avenue, he/she would realize there are no stop signs on Second Avenue from Applewood Valley to the new traffic signal at Main Street.  Traffic tends to flow very quickly up and down that street.  Since there are two businesses on Second Avenue, Dr. Rutkowski’s Office and Career Links, parking on both sides of the street tends to fill up.  The east side does not create much of a problem.  However, Mr. Ion pointed out the west side causes trouble for motorists attempting to pull out of West Wood Street.  A driver has to be about 1/3 way out into the intersection before he/she can see clearly up and down Second Avenue.  In the past, Mr. Ion discussed this with the Police Department, who tried to maintain a presence in the area which was limited due to time and resources.  To take it one step farther, Officer Means showed Mr. Ion in the Vehicle Code Book where a stop sign cannot be used to control speed.  Stop signs are to control right-of-way.  However, according to the November 4th edition of the Clarion News, Mr. Ion noticed Council approved the placement of stop signs on Sixth Avenue and South Street, both north and south, and a stop sign at Wood Street at Sixth Avenue to control speed.  Obviously, there is a loophole to allow stop signs for this reason.  Mr. Ion backs into his driveway the majority of the time because it’s easier to pull out.  However, Mr. Ion has nearly been rear-ended by people driving on Second Avenue towards Main Street who cannot get stopped.  Mr. German recommended Mr. Ion address Council with this issue.  Prior to the Council Meeting in discussions with Mr. Stutzman and Mr. Zerfoss, Mr. Ion was informed there were stop signs at that location before.  However, Second Avenue is a state highway, which the Borough agreed to maintain.  Penn Dot made the Borough remove those signs.  Mr. Ion asked Council to consider placing stop signs at the intersection of Wood Street and Second Avenue, both north and south, for a 60-day trial period.  It’s unbelievable how fast some motorists drive.  Even though this request is self-serving, Mr. Ion stressed there is also a bus stop on the corner of Wood Street and Second Avenue, which is very dangerous as well.

Mr. Crooks doesn’t feel that will slow people down.

Ms. Lapinto commented Mr. Stutzman and she discussed it earlier and thought signs at South Street would work.

Mr. Ion agreed.

President Wilshire asked Mr. Herman and Mr. Zerfoss, chairs of Public Safety and Public Works Committees, to look into this situation.

Mr. Zerfoss reported Mr. Ion is correct that it is a definite problem.  Fifteen to 20 years ago, the Borough placed stop signs at Second Avenue and Wood Street and also at South Street and Wood Street.  However, Penn Dot made the Borough remove the signs.  Since then, the speeding has gotten greater because there are more homes in the area.

Mr. Ion would appreciate anything that could be done.

Since the Committee needs to discuss this with Penn Dot, Mr. Herman doesn’t think anything can be done tonight.  The Committees will contact Mr. Ion with the status of how the discussion goes.

Mayor Smathers stressed the whole neighborhood’s composition has changed and Second Avenue is used in such a way it never was before.

Mr. Ion added people use Second Avenue to avoid driving through town.  Mr. Ion thanked Council in advance.

Mr. Dave Hauser, Riverview Avenue, Clarion, stated he has three items he would like Council to consider.  In reference to Mr. Ion’s comments, Mr. Hauser stated he worked as a state trooper in Clarion County for 30 years.  Second Avenue was a location where he worked radar.  That is a state highway.  Penn Dot’s sheds used to be located on Second Avenue, and Penn Dot did not want to stop.  Therefore, Penn Dot requested the signs be removed.  Mr. Hauser feels a stop sign at Second Avenue and Wood Street would greatly help with Mr. Ion’s problem.  From a patrol aspect, a police officer cannot simply drive through an area and keep on driving.  The officer needs to take a few minutes to sit in an alley to watch a stop sign and issue a few warnings or tickets. Once people see the lights and hear the sirens, other people will notice and obey the laws.  Unless stop signs are enforced, no one will obey them. There are two stop signs on Robinwood Drive and one on Eastwood Drive that are being ignored.  Mr. Hauser hasn’t seen a patrol car sitting in that location watching those signs.  A couple minutes would get the message out to motorists.  Mr. Hauser wishes to address the Snow Removal Ordinance, which concerns sidewalks.  Not only has Council adopted an ordinance, but there are laws under the Pennsylvania Vehicle Code and Pennsylvania Crimes Code dealing with snow on the street.  People are plowing his/her snow from parking lots, driveways, or sidewalks into the streets or near intersections to the point that the snow is almost the height of the stop sign.  A two-lane street becomes constricted to 1½ lanes.  Mr. Hauser voiced concern particularly at the intersection of Riverview Avenue and Main Street, across from what used to be Gross’ Buick Garage.  The snow gets pushed around that stop sign that makes it impossible to have two cars side-by-side and makes it very dangerous for people trying to get out onto Main Street.  Mr. Hauser questioned who’s responsible to make sure people do not plow or shovel his/her snow onto the street, who is responsible to make him/her remove it once it’s done, or does the Borough take care of it at the expense of the taxpayers.  The ordinance states the street commissioner can direct the snow be removed; and, if not, the Borough can remove it at cost plus a 10% penalty, which is nothing.  If Council wants to keep the highways safe, the cost should be doubled.  Mr. Hauser believes the Borough taxpayers are going to have a major liability one of these days if someone gets hurt due to people putting the snow on the street and restricting the passageway.  Fire hydrants are also being covered, not by Penn Dot or the Borough, but by people plowing snow from driveways and parking lots.  An example of this is across from the Ford Garage.  That hydrant gets buried.  Mr. Hauser asked if the taxpayers have a liability if the fire hydrants are covered and the fire company cannot get to them when needed.  A third area of liability, which has been in the contract for many years, is with the police officers working a full 10 hours of overtime on top of a regular 10-hour shift, resulting with the officer being on duty 20 hours.  This is a long time to be on duty.  Mr. Hauser feels the only time this should be occurring is when the Mayor would declare a state of emergency.  It is a major liability having an officer on duty for 20 hours and supposed to be alert.  Mr. Hauser commented the officer has probably been awake a few hours before going in for their first shift.  Mr. Hauser asked Council to consider these liabilities and thanked Councilmembers for his/her time.

President Wilshire thanked Mr. Hauser and stated Council will review these issues.

Administration:  President Wilshire stated an Executive Session will be called at the beginning of New Business at the request of the Mayor for a personnel issue. 

President Wilshire presented the appropriations for the month of December.

On a motion by Mr. Herman with a second by Ms. Vavrek to approve the appropriations for the month of December in the amount of $36,788.76.

Mr. German asked what the gift certificates are for Wal*Mart.

Ms. Lapinto stated the Borough has always given $25 gift certificates to the employees as a Christmas gift.

Mr. German verified that only employees that are currently on payroll receive them.

Ms. Lapinto commented employees and some retirees.  This has been the standard practice for many years.  At one time, the Borough used to give hams or turkeys to the employees.

The motion carried with a vote of six 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.

On page 6 of the Budget Analysis, Mr. German asked what capital outlays for Public Works is for and why it is so much higher than budgeted.

Ms. Lapinto stated the Borough financed the new truck.  The hi-lift was paid off.  For accounting purposes, the proceeds of the loan had to be shown in the General Fund.  The truck is actually being paid out of Highway Aid.  As a reminder, the Borough is allowed to use 20% of the Liquid Fuels allocation for equipment.

On a motion by Mr. Herman with a second by Ms. Moore to advertise the proposed 2005 Budget, Tax Ordinance, and the Fee Schedule.  The motion carried with a vote of seven yea.

Under new Pennsylvania law, President Wilshire reported the Borough was allowed to raise the occupation privilege tax to $52 a year and Council must approve to advertise the ordinance instituting this change.  This tax affects everyone that works in Clarion Borough.  If a person makes less than $12,000 per year (the income limit), he/she does not have to pay the tax.

Ms. Lapinto added a person working two jobs would only pay the tax at one job.

President Wilshire added the ordinance specifies the tax be collected $1 a week so people are not hit so hard.

Mr. German asked if it could be higher or lower than $52.

President Wilshire commented $52 is the maximum.

Ms. Lapinto contacted Ms. Susan Beary at the Clarion County Collection Agency and Ms. Beary has agreed to provide a list of all employers in Clarion Borough to Ms. Lapinto so notices can be sent to each business of this change.

On a motion by Mr. Herman with a second by Ms. Vavrek, approving to advertise the Occupation Privilege Tax Ordinance, was carried with a vote of seven yea.

By raising the occupation privilege tax, Ms. Lapinto noted the Borough was able to avoid a 3-mill increase, which was anticipated, and was also able to reduce the real estate taxes by 1 mill.  The per capita tax, which was $5, was also eliminated.

President Wilshire announced a Special Council Meeting will be held on December 20, 2004, at 8:00 a.m. at the Clarion Borough Offices to adopt the 2005 Budget.

President Wilshire commented Councilmembers received a list of terms of boards and committees that will expire at the end of the year and stated Council can act on these in January.

Ms. Lapinto informed everyone the members were contacted and agreed to serve again.

President Wilshire asked Ms. Lapinto to discuss the ordinance dealing with the Police Pension Plan.

Ms. Lapinto announced Act 600 was changed that if a police officer is killed in the line of duty, his spouse will receive the amount of money he is making at the time of his death for the rest of here life, regardless of if she would remarry.  Municipalities are permitted to take out an insurance policy for this, which Ms. Lapinto already secured.  This ordinance is actually to address these issues and was prepared by Mockenhaupt and Associates, the Borough’s actuary.

On a motion by Mr. Crooks with a second by Ms. Vavrek, giving permission to advertise Ordinance #2004-728, an Ordinance amending the Borough of Clarion Police Pension Plan, was carried with a vote of seven yea.

President Wilshire asked Ms. Lapinto or Ms. Moore to discuss the wage tax collector.

Ms. Moore stated everyone received two letters. One is from John Schmader announcing his retirement.  The other letter is from Susan Beary, Mr. Schmader’s assistant, asking to be considered as his replacement.  Ms. Moore, Ms. Lapinto, Dr. William Kaufman, and Ms. Beary met to discuss everything.  Ms. Moore commented Ms. Beary seems to know what is happening.

On a motion by Ms. Moore with a second by Mr. Herman that Susan Beary replace John Schmader as the Wage Tax Administrator.

Mr. German inquired if this position should be bid out.

Since this position is considered a professional service, President Wilshire stated it’s not necessary to bid.  That is Council’s decision.

Since the Borough’s giving up the privilege tax, Mr. Crooks stated Ms. Beary wouldn’t collect that and asked what she’d collect.

Ms. Lapinto clarified the per capita tax is being eliminated.  But Ms. Beary would still collect the occupation privilege tax and the earned income tax (1% tax). 

Mr. Crooks thought the Clarion County Wage Office did that.

Ms. Lapinto stated that’s what this is.  Ms. Beary worked for Mr. Schmader for many years.  Now that Mr. Schmader is retiring, Ms. Beary is buying the business.

After some discussion, the motion carried with a vote of seven yea.

President Wilshire reported the Borough received some correspondence from Adelphia related to the channel changes.  Questions were raised by the recent channel move, in particular the public access station Channel 5, or CUP TV5.  It was moved to Channel 19 and UPN was moved from Channel 19 to Channel 5.  Since that is the PEG Channel, President Wilshire announced it has to be available in the basic package.  Adelphia is now going to move it from Channel 19 to Channel 15.  The reception is supposed to be a lot better on Channel 15.

Ms. Lapinto added Attorney Dan Cohen contacted the Borough and spoke with Ms. LaVan in reference to his recent conversation with Adelphia, as a result of his letter.  This conversation is supposed to be followed up in a letter, which has not been received at this time.  Adelphia informed Attorney Cohen they are willing to pay a monetary fee to the University for disruption of the channel.  Ms. Lapinto asked Ms. LaVan for more information.

Ms. LaVan commented Attorney Cohen was not aware of the letter Council received in the packet.  Through conversations with another Adelphia representative, Attorney Cohen stated Adelphia would get the PEG channel back in the basic tier so everyone could watch it.  Also, Adelphia is willing to reimburse the University or Borough or whoever had to move quickly to make the changes.

President Wilshire understands Channel 15 will also be viewed throughout Clarion County in a number of other systems.

Mr. Herman stated Council had requested UPN be moved to a new channel and leave Channel 5 on Channel 5.  This would eliminate the need for any reimbursement.  Why would Adelphia pay compensation when the channel could just be restored?  People are used to Channel 5 and moving it back would not only be easier but make more sense.  In lieu of any type of payment, Mr. Herman recommends Adelphia restore Channel 5 the way it used to be and find a new location for UPN.

Mayor Smathers agreed and added the University’s had a lot of years broadcasting on Channel 5 and has earned some recognition.  In essence, the University will lose as well.

Mr. Herman pointed out the University’s equipment and literature is all stamped Channel 5 and questioned why redo something that doesn’t have to be done.

On a motion by Mr. Herman with a second by Ms. Vavrek, recommending Adelphia restore Channel 5 to Channel 5 and move UPN to Channel 15, was carried with a vote of seven yea.

Downtown Committee:  Ms. Moore had nothing to report.

Mr. Crooks thanked Mr. Stutzman and the Public Works Department for hanging the wreaths and repairing the electric underneath the trees so the merchants could put lights on them.

President Wilshire commented the Borough needs to look at the electricity, because it was a temporary solution for now.

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

Mr. Zerfoss stressed leaves are no longer being accepted.  Mr. Hauser brought up a good point with the snow being put out onto the streets.  Mr. Zerfoss stated the same people put grass clippings and leaves onto the highway.  It’s a never-ending cycle.

Public Safety:  Mr. Herman reported Mr. Hauser brought up a good point in reference to the police officers working double shifts.  Within the last 6-9 months, the Mayor, the Chief, and Mr. Herman have taken measures to ensure this is not happening. It was an unsafe condition.

On a motion by Mr. Herman with a second by Mr. Zerfoss, giving permission to advertise to add a stop sign on Wood Street at Sixth Avenue and add stop signs on both the north and south intersections of Sixth Avenue and South Street, was carried with a vote of seven yea.

Mr. Herman stated the Public Safety Committee hasn’t had a chance to meet but commented the Chief is interested in placing a handicapped space on Main Street in front of the post office. If everyone remembers, there were mail boxes in that location for people to drop off his/her mail and pull back out into traffic.  Those boxes have been removed.  Mr. Herman pointed out this handicapped space would only be accessible to certain handicapped individuals and asked the Chief to explain.

Chief Hall stated that space would be okay for someone on crutches, someone with a bad leg, or a medical condition.  However, it is not wide enough for a person in a wheelchair to use.  Those individuals could use the spot provided behind the post office.

Mayor Smathers reported this came up when the Chief and he met with the Postmaster on the parking lot issue.  The post office used to lease the parking area behind the building, but this is no longer being done.  The Postmaster asked if the Borough could help provide a space on Main Street to alleviate some problems.

Mr. Herman doesn’t have a problem with it but stated the Committee didn’t have a chance to discuss it and would like to know how everyone feels on doing this.  This could be done for a period of 60 days or just advertised along with the stop signs.

Ms. Moore inquired if there will be a time limit on it.

Mr. Herman asked Chief Hall if a 60-day trial period would be okay to make sure it works.  If not, the Committee could review it and see how it could be adjusted.

Chief Hall agreed that would be fine.

Mr. Crooks thinks Ms. Moore was looking for a time period on how long a person could park in that particular spot.  Some people park in those spaces all day long.

Ms. Moore agreed.

Chief Hall commented the spot could be metered.  Currently, the handicapped spaces in the Borough are not, but other municipalities do meter those spots.

Mr. Herman asked if a 2-hour meter would be sufficient.

Chief Hall feels that would work.

Ms. Vavrek doesn’t have objections to the handicapped space but isn’t sure how a person with crutches would be able to get out of his/her vehicle without getting hit. 

Mayor Smathers reported the Postmaster was going to explore the possibility of obtaining some kind of funding to cut into the green area to have more of a pull off area.  Just because the space is in front of the post office doesn’t mean a person will only go there.

Mr. Zerfoss added the other handicapped spaces provided throughout the Borough are easily accessible.

Ms. Lapinto stated there is a problem with the handicapped spot behind the fire hall.  A person parks there and never moves, which creates a problem with snow plowing.

On a motion by Mr. Herman with a second by Ms. Vavrek that for a period of 60 days to provide a handicapped parking space in front of the Post Office, subject to looking at metering it at a future date.  The motion was carried with a vote of six yea with Mr. Zerfoss voting nay.

Back to the Overtime Report, Mr. German asked if Mr. Herman is concerned with the amount of overtime in the Police Department.

Through discussions with Ms. Lapinto, Mr. Herman stated the Department is short one officer and there is an increased amount of overtime but is still on budget for the year.

Mr. German stressed the Borough’s 27% above last year at this point.

Mayor Smathers commented it’s more of an offset to the overtime if people deduct the officer’s salary that is not paid.

Mr. German inquired if the Borough is looking at other avenues such as increasing the force in order to eliminate the amount of overtime.

Ms. Lapinto reported the Borough’s in the process of hiring an officer right now.

Mr. German verified that’s for the one who retired.

Mr. Herman agreed.  The Borough is not overspent if Councilmembers look at the overall budget.

Mr. German clarified the Borough’s spending money on manpower and on the 20-hour shifts Mr. Hauser mentioned.

Mr. Herman repeated that hasn’t happened for months.  The Committee worked hard on this situation over the last 6-9 months to insure it doesn’t happen.  That was a major concern, which has been addressed.

Ms. Lapinto noted $1600 of that overtime amount was for the Drug Task Force, which the Borough receives reimbursement.

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

Recreation:  Mr. German had nothing to report.

Mayor’s Report:  Mayor Smathers reminded the citizens of the Borough that the parking ordinance is in effect for the winter.  Everyone should read the signs posted and obey them.

Mayor Smathers commented the Snow Removal Ordinance will be in effect with the first snowfall and read the section where the owner and/or tenant is responsible to remove all snow, ice, hail or sleet from his/her sidewalk within 24 hours after the end of the precipitation.  To address Mr. Hauser’s concern with snow being placed on the streets or highways, Mayor Smathers reported the ordinance prohibits that from happening.  Mayor Smathers asked Chief Hall to make sure the Department addresses that more aggressively this year.  If snow is blocking the intersections or streets, the owners are going to have to push that out of the way or have it hauled away.

Also, Mayor Smathers added a new clause was included in the ordinance this year where an owner of a property who leases the property for a term in excess of 1 year can provide a copy of that lease to the Borough Police Department stating the tenant who is responsible for the snow removal.  The owner is then relieved of that responsibility.  Mayor Smathers stressed the lease needs to be in affect for 1 year and must be turned into the Police Department.

Manager’s Report:  Ms. Lapinto had nothing to report.

Old Business:  Mr. German asked for an update on the student that was at the Council Meeting last month in reference to sidewalks along Greenville Avenue from Reinhard Villages to the University.

President Wilshire stated Senator Mary Jo White arranged a meeting for some members of Council, the Foundation, Clarion Township, and Penn Dot to discuss it.

New Business:  President Wilshire called an Executive Session, at the request of the Mayor, to discuss a personnel issue with no action being anticipated, leaving at 8:12 p.m. 

President Wilshire called the meeting back to order at 8:35 p.m. and stated no action was taken.

Back to Mr. German’s inquiry on the Wal*Mart gift certificates in the Appropriations Report, Mr. Crooks misunderstood when voting.  Mr. Crooks feels that Council should support the Downtown area by purchasing gift certificates that would benefit the Downtown merchants that pay taxes in the Borough and not spending it to businesses that do not.  The Chamber of Commerce sells Downtown Dollars, which is a gift certificate good at 30 different businesses.

Mr. German and Mr. Herman both agreed.

Mr. Herman asked if the check has already been sent.

Ms. Lapinto commented no. The checks are not sent until Council approves the bills.

Ms. Moore questioned if the certificates can be used anywhere in town.

Mr. Crooks stated yes.  The Chamber will provide a list of businesses where a person can use them.

On a motion by Mr. Crooks with a second by Mr. German, amending the Appropriations Report to purchase the gift certificates for the employees in Downtown Dollars from the Chamber of Commerce, was carried with a vote of seven yea.

Correspondence:  Ms. LaVan read a letter from Don Montgomery, store manager of Sherwin Williams, requesting the parking meters on the south side of Main Street between Fourth and Third Avenues be changed to two-hour meters.  Presently, the meters are eight-hour meters which allow all-day parking which prevents the needed turnover for his customers.  To accommodate the need for all-day parking, Mr. Montgomery suggested the spaces on one side of North Fourth Avenue could be converted to eight-hour meters and hopes Council will give this matter consideration.

Ms. Moore noted the Downtown Committee intended to do that but did not have enough 2-hour meters and asked if the Committee could review it again.

President Wilshire agreed.

Mr. Crooks thinks Mr. Montgomery has a very good point.

Ms. Moore agreed but recalled there were not enough meters to do it.

On a motion by Mr. Herman with a second by Ms. Vavrek, the Council Meeting was adjourned at 8:39 p.m.

                     ______________________________

                     Carol Lapinto

                     Borough Secretary