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February 23, 2004, Work Session

The Work Session of the Clarion Borough Council was held on February 23, 2004, at the Clarion Borough Offices.

President Wilshire called the meeting to order at 5:03 p.m.

Councilmembers present included Mr. Zerfoss, Mr. Herman, Ms. Vavrek, Ms. Moore, and President Wilshire.   Mr. German arrived at 5:06 p.m.   Mr. Crooks was absent.   Mr. Stutzman, Mayor Smathers, Chief Hall, Mr. Ragon, and Mrs. Lapinto were also present.

Citizen Comments :     There was none.

Administration :   President Wilshire pointed out Mr. Zerfoss was correct at the last Council Meeting that a retainer fee should have been approved when hiring the solicitor and this will be handled at the Council Meeting.

President Wilshire stated Ms. Lapinto has been making arrangements with Representative Fred McIlhattan and Senator Mary Jo White in reference to the meeting concerning non-taxable property.

Ms. Lapinto commented Ms. LaVan’s been making the calls to each one and has three dates from Representative McIlhattan.   Ms. LaVan’s trying to coordinate those dates with Senator White’s office.

Ms. LaVan reported the three dates were passed onto Senator White’s secretary, who will notify the Franklin staff.   As soon as a date is determined, the Borough will be contacted.

President Wilshire stated the annual requests included in the packet from the Clarion County Farmer’s Market for their banner request, the VFW and American Legion for Memorial Day Services, the VFW for Patriot Day Services, and the March of Dimes for WalkAmerica will be on the agenda for Council to approve at next week’s meeting.

Public Works :   Mr. Zerfoss announced now that the snow is going away the potholes are beginning to appear.   Once the weather cooperates, the Department is ready to use the hot box to fill all the holes. The bigger potholes throughout the Borough are caused by utility companies that are digging up the roads to repair lines.   Mr. Stutzman and Mr. Ragon are contacting the companies to make sure the holes are being repaired as quickly as possible.   Some of the bigger potholes were filled by the Public Works Department.

President Wilshire verified the utility company has to correct the situation.

Mr. Zerfoss commented yes.

Ms. Lapinto informed everyone the water company had to repair a line on Eighth Avenue and in the process broke the new signal.   It cannot be repaired until spring.

Mr. Stutzman added there was no way around fixing the water line without breaking the line.

Mr. Zerfoss stated patch work is being done now until the weather is available to do it permanently.

If the utility company cannot get back to fix the pothole within a couple days, Mr. Herman inquired if the Borough will place a temporary patch on it.

Mr. Zerfoss stated yes and noted that’s already been done at Fourth Avenue and Liberty Street.

President Wilshire asked if the Borough bills the company for doing this service.

If it becomes continual, Mr. Zerfoss stated the Borough will bill the company.

Mr. Zerfoss informed everyone the Public Works Committee will meet to discuss Clean-Up Day.   It’s a good service the Borough provides each year and the residents look forward to it.   If the Borough doesn’t do it, the people will probably set the items out anyway.   Mr. Zerfoss stated Ms. Lapinto will bid the services out again this year.   The Public Works Department will handle the brush and branches and borrows a chipper from Penn Dot.   If the resident wants the mulch, it will be left; if not, it will be hauled away.   Unless anyone has objections, the Committee will set a date.   Mr. Zerfoss repeated the money is well spent, because it’s good for the citizens.   It definitely makes the town look a lot better.

Mr. German questioned approximately how much it costs.

Ms. Lapinto commented about $4,000.

Mr. Zerfoss noted Pennsylvania-American Water Company donated $500 towards the cost of a dumpster.

Ms. Lapinto originally questioned the cost but stressed the residents put all his/her items out and the materials are disposed of all in one day.   If the Borough doesn’t have Clean-Up Day, residents will put items out and then the Zoning Officer will have to handle it, which may eventually include court cots.   Clean-Up Day gives the residents the opportunity to get rid of everything.

Mr. Zerfoss commented the week after graduation is usually the scheduled day.

If not mistaken, Mr. Herman stated when it was bid out last year it came in lower than prior years.   The bidding process worked.

Mr. Zerfoss stated Mr. Stutzman, Ms. Lapinto, and he met last week to discuss the smaller truck with a plow that the Borough will be purchasing to get through the alleys and asked Mr. Stutzman to explain.

Mr. Stutzman stated the contract bids are included in the packet.   State contracts are already out.   The following two state contracts do not require a participation fee: one is from South Hills Area Council of Government Contract, SHACOG, and the other is through Pennsylvania Capital City State Contract, PACC Contract.   These quotes are only for the chassis (the truck body with a motor).   Mr. Stutzman reported the truck upfit package includes the stainless steel body, snow plow, spreader, hydraulic system, all lighting, and all other miscellaneous items necessary for the truck.   The price mentioned is the bottom number.   Mr. Stutzman and the employees worked together to decide what would be the best truck to purchase.   This upfit package is good quality products that will last.   The truck will be the same as the small dump truck the Borough has now.

Mayor Smathers reported the chassis and upfit package will be about $54,000.

Mr. Stutzman stated yes.

Mayor Smathers asked if there is only one price on the upfit.

Mr. Stutzman commented there are other lines out, but you’ll get what you pay for.   This is a thicker better quality of stainless steel.   The Borough has aluminum bodies, which have holes in them from the salt, and steel bodies, which are rusted.   Stainless steel is the best body available right now and the manufacturer, J & J, is what the highway departments are made with.

Mayor Smathers inquired if this is an addition to the fleet or if the Borough will be selling one.

Mr. Stutzman commented the Borough will be selling the 1986 Ford truck.

Ms. Lapinto stated it’s not being used and permission to accept bids on that truck will be on Tuesday’s agenda.

President Wilshire questioned if the Borough budgeted this truck.

Ms. Lapinto reported yes.   It will be paid from liquid fuels.

Mr. Zerfoss prefers to move now so there’s no delay with the delivery.

Ms. Lapinto stated the delivery date would be in July.  

President Wilshire asked if the local Ford dealer could honor the state contracts.

Ms. Lapinto stated Mr. Stutzman spoke with Clarion Ford, and they do not get into the state contracts because not too many trucks are sold.   However, Clarion Ford would gladly do the warranty work for the Borough.

Mr. German asked what the other miscellaneous items include.

Mr. Stutzman reported lights, a step to get up on the bed of the truck, chain box, and other items.   The detailed specifications are available for review.

Public Safety :   Mr. Herman reported the Committee held interviews with five people for the meter enforcement officer position.   It appears as though there will be no problem in filling the two positions, which the Committee anticipates action at the next Council Meeting.

Mr. Herman stated the Committee met last week and things are moving along smooth.

Ms. Lapinto commented the ordinance has been prepared with the traffic changes.

Mr. Herman reported the ordinance includes the stop signs and no parking signs that were discussed last month and will be adopted at the Council Meeting.

Housing and Zoning :   Ms. Vavrek stated it was brought to the Committee’s attention by Chief Hall that all houses in the Borough are supposed to be numbered but are not.   The International Property Maintenance Code requires each structure for which a street number has been assigned shall have numbers displayed in a position easily observed and readable from the public way.   All numbers shall be Arabic numerals at least 3” high.   Ms. Vavrek asked The Clarion News and The Derrick to publish a reminder for residents.   The purpose of the numbering is for police and emergency personnel being able to find a person’s house quickly.   A person can actually be ticketed or cited for not having his/her house visibly numbered.

Once the readdressing was completed, Mr. Ragon stated 911 asked the municipalities to handle the houses getting numbered.

Mr. Herman stressed the most important thing is for the emergency vehicle; such as, fire, police, or ambulance, to be able to locate the house quickly.   As everyone knows, time is of the essence.

When inspections are completed, Mayor Smathers asked Mr. Ragon if this is checked.

Mr. Ragon commented it is. The problem is the houses that are not rentals that do not have identifiable numbers.   If a person has written numbers, it needs to be in numeric form as well.   The numbers need to be visible and in a contrasting color to a person’s house.

Ms. Lapinto reported the resident may say his/her number is on the mailbox; however, mailboxes aren’t always directly in front of the residence.

Ms. Vavrek stated the Committee reviewed a letter from Domino’s Pizza in reference to the solicitation permit.   Domino’s Pizza purchases a $200 permit, which is good for a year.   If the person who places the door hanger leaves employment, Domino’s Pizza doesn’t want to pay the fee again for the same year to have another employee do it.   Rather than change the ordinance, Ms. Vavrek stated the Committee decided Domino’s Pizza would have to notify Mr. Ragon with the new information.

If Domino’s Pizza has more than one individual soliciting, Mr. Ragon clarified that more than one permit is necessary.   If the person terminates employment, then the permit can transfer to a new person.

Ms. Vavrek doesn’t feel that the business should be charged another fee if the permit hasn’t expired.

Mr. Herman inquired if the solicitor is required to carry the permit when placing the advertisements on the door.

Mr. Ragon stated yes.

Ms. Vavrek asked Mr. Ragon to explain New Dawn.

Mr. Ragon informed Council New Dawn, an Ohio company, hires high school graduates or college-age individuals to solicit sales of assorted items.   New Dawn claims the individuals are allowed to solicit in Pennsylvania under the Interstate Commerce Act.   If the people were selling to the businesses, this would be okay.   However, the people go into the businesses and solicit the employees.   Mr. Ragon and the police officers regularly have to keep tabs on these individuals.  

Ms. Vavrek asked Ms. Lapinto to discuss the recycling contract.

Ms. Lapinto reported the recycling contract will expire this year.   It was a 5-year contract.   Ms. Lapinto will ask permission to bid for a 5-year recycling contract at the Council Meeting.

Ms. Vavrek asked Mr. Ragon when the new Building Code will be in affect.

Mr. Ragon commented the opt in/opt out period, which is when the municipality can decide to enforce or not enforce the Code, starts April 9 th .

Ms. Vavrek stated there are 18 or 19 certifications attached with this new Code.   Mr. Ragon doesn’t feel comfortable in certifying the electrical, plumbing, or mechanical work.   Therefore, the Borough would find a third party to do it.   It would not cost the Borough anything.

Ms. Lapinto suggested Council pick one group to handle these certifications.

Mr. Ragon informed Council he has a list of all the companies that are certified now, and the Borough could send out requests for proposals.   Once received, Council could review the proposals.

Ms. Lapinto feels it will make it very difficult for someone to build.

Mr. Zerfoss questioned if the Borough is automatically a participant.

Ms. Lapinto stated you have to opt in or out.

If a municipality opts out, Mr. Ragon pointed out the borough or township loses all control over any kind of construction and will not be permitted to issue building permits or do inspections.   For residential construction, the individual builder or contractor would have to find a third-party agency to handle the inspection.   With commercial, Labor and Industry would handle it, which is basically how it is now.   The contractor has to be on-site to do each individual inspection, which could hold up construction considerably.   There are only 60 inspectors for the State.

Mayor Smathers inquired how many inspections are required.

Mr. Ragon commented seven.

If the Borough doesn’t participate and someone builds a home, Mr. Zerfoss asked who will inspect it and who will stop someone from building.

Mr. Ragon reported the owner or contractor will have to find someone to do the inspections.   If the Borough opts out, the Borough is required to report any construction to Labor and Industry.

Ms. Lapinto noted Labor and Industry will fine the person $2,500 per day.

Mr. Zerfoss commented Mr. Ragon will have to drive all over town to see if anyone is building illegally.

Mr. Ragon stated that’s pretty much what he does now.

Ms. Vavrek asked for clarification that the municipalities opting out are ones that do not have an enforcement officer.

Mr. Ragon agreed and added the borough or township may not have enough construction in one year to warrant permitting.

President Wilshire verified Mr. Ragon is the only Zoning Officer in the County.

Mr. Ragon confirmed that was correct.

Mr. Zerfoss reversed the situation that the Borough opts into the program and asked if Mr. Ragon will cover everything.

Mr. Ragon reported everything except the electrical.   The Borough would then contract with a third-party agency to do what inspections aren’t covered by the Ordinance.

Ms. Lapinto commented the owner or builder will then pay the inspector.

Mayor Smathers inquired if the Borough has literature to give to the citizens as to what his/her responsibilities will be.

Mr. Ragon stated nothing is available at this time but assumes something will be received.

Mr. Herman stressed it’s a state mandate.

Mayor Smathers realizes that, but people still need to understand what is being mandated.

Ms. Lapinto reported the Borough will be mandated to charge a resident an additional $2 for a building permit that the Borough will then forward to the State.

President Wilshire asked if it only applies to new construction.

Mr. Ragon stated it will apply to renovations as well.   The only time roof replacement isn’t covered is if a person only does 25% at a time.   Windows are not covered yet.

Mr. Zerfoss inquired why the State of Pennsylvania doesn’t want people to live here.

Mr. Ragon reported the State did this, because there are too many municipalities that don’t subscribe to building codes and construction.   After FEMA evaluated what happened during the 1996 flood and discovered municipalities did not have building codes to govern how structures are built, FEMA decided they were not going to cover the costs if the buildings weren’t guaranteed safe before.

Mayor Smathers added the builders lobbied for this Code so there would be a standard set of building specifications making it so everyone would compete on a level playing field.  

Mr. Ragon commented the State and Builder’s Association drafted a uniformed code.  

President Wilshire asked if the Code only applied to what a person would be renovating or the whole structure.

Mr. Ragon answered only the renovations.

Ms. Lapinto stated the inspector from the Borough’s Association pointed out more people are obtaining bank loans over the internet and there is no certificate of occupancy.

Mr. Zerfoss asked if the Codes have been passed by the legislation.

Mr. Ragon commented yes.   It was approved in 1999.   It is a good idea, because it will standardize the building industry, ensuring homes will be built safe.   Another aspect is the insurance companies are already or are beginning to require a certificate of occupancy issued by the municipality validating the structure is safe.   If an owner doesn’t have a certificate, his/her insurance rates will more in likely sky rocket.

Mayor Smathers agreed and also noted there are good reasons for it.   It will take awhile to get implemented.

Recreation :   Mr. German received a copy of the contract with the YMCA that the Borough is renewing for two years.

Ms. Lapinto commented it’s the same contract as the last time but the dates were changed.

Mr. German announced pool passes are available.

Ms. Lapinto noted the fees are the same as last year.  

Mr. Zerfoss asked if the pesticides will be administered by the YMCA.

Ms. Lapinto stated this was discussed at the meeting with the YMCA, but Mr. Stutzman wants to do the chemicals.

Mr. Zerfoss doesn’t have a problem if the Public Work employees want to handle the pesticides at the pool.   However, the YMCA should not be paid for a service if the Borough’s doing it.   All other contractors have to comply with their contract.   If the Borough does the service, then the YMCA shouldn’t receive the amount they do each month.

Ms. Vavrek asked if the YMCA has someone to do the chemicals.

Mr. Stutzman reported every year the YMCA agrees to handle the pesticides, but it’s never done.  

Mr. Zerfoss noted last year Mr. Stutzman and Mr. Thompson were both out-of-town, and the YMCA guaranteed to take care of the chemicals.   However, this was not done.   This poses a health problem as well.   Again, if Borough personnel wants to do it, that’s fine but the amount needs adjusted.

Ms. Lapinto pointed out last year she deducted $600.

Mr. Zerfoss stated that’s a start, but the Borough spends more than that by coming in on weekends and holidays to take care of the chemicals.   Mr. Zerfoss asked Mr. Stutzman to meet with Mr. German to discuss the amount it costs the Borough.

Ms. Lapinto agreed that needs amended.

If there’s an arrangement in the contract noting the Oil City YMCA will take of this job, Mr. Herman reported it needs added a fee will be assessed at the end of the year if the Borough ends up doing it.   It’s only fair.

Mayor Smathers stated it’s not just a money situation, but a liability issue if not handled properly.

Mr. Stutzman informed everyone the license is in the Borough’s name, which is another concern.

President Wilshire inquired if there are any private firms the Borough could sub-contract with to handle the pesticides.

Ms. Lapinto isn’t aware of any and feels it would be costly.

Mayor’s Report :   Mayor Smathers had nothing to report.

Manager’s Report :   Ms. Lapinto will be asking for permission to bid out the insurance coverage at the Council Meeting.

At the Council Meeting, Ms. Lapinto will be requesting permission to attend the Grant Conference April 4-6, 2004.

Ms. Lapinto received a proposal from Industrial Appraisals and will meet with the Mayor to review it.

Ms. Lapinto stated a lot of bidding will be completed over the next few months.

Old Business :   Mr. German asked the status of the meeting with Representative McIlhattan and Senator White.

Ms. Lapinto commented Ms. LaVan has been working on this and has three dates from Representative McIlhattan.   Ms. LaVan is trying to coordinate one of those dates with Senator White’s Office.

New Business :   There was none.

Correspondence :   There was none.

On a motion by Mr. Herman with a second by Mr. Zerfoss, the Work Session was adjourned at 5:49 p.m.

                                                                                                  ______________________________________                                                                                               Carol Lapinto

                                                                                                  Borough Secretary