Monthly Index

June 1, 2004, Council Meeting

Citizen Comments:           None

Administration:           Monthly Reports; Work Session

              Scheduled; Approved First Baptist

              Church’s Special Event Request;

              Approved to Donate $750 for I Love

              Clarion Fireworks; Fair Weather

              Friday’s Promotion Required No

              Action; Lengthy Discussion on Tax

              Collector Followed by Motion

Downtown Committee:         None

Public Works:             Monthly Report; Introduced Bobby

              Larson; Clean-Up Day Discussed;

              Second Building at Public Works

              Location to be Sided or Painted;

              Awarded Summer Paving Project

              After Discussion; Approved to Hire

              Three Part-Time Summer Employees

Public Safety:             Committee to Meet to Evaluate

              Chief; Date to be Determined to

              Begin Negotiations with Police

              Department

Housing and Zoning:           Adopted Ordinance #2004-723 ,

              Vacating a Portion of Whitehill

              Place; Permission to Advertise

               Ordinance #2004-724 , In Re to

              Pennsylvania Construction Code

              Act; Clarion County Letter In Re

              Taxing Structures Discussed

Recreation:             Pool Open

              Mr. Ragon Clarified County’s

              Letter

Mayor’s Report:           Citations Issued Over Holiday

Manager’s Report:           Welcomed Mr. Ragon Back and

              Thanked Everyone for Help

Old Business:             None

New Business:             None

Correspondence:           Letter from Pope and Drayer

The regular scheduled meeting of the Clarion Borough Council was held on June 1, 2004, in the Clarion Free Library.

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

Councilmembers present included Mr. Zerfoss, Ms. Vavrek, Ms. Moore, Mr. German, and President Wilshire.   Mr. Crooks arrived at 7:01 p.m.   Mr. Herman was absent.   Ms. Lapinto, Mr. Ragon, Mr. Stutzman, Chief Hall, and Mayor Smathers were also present.

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

The minutes of the April 26, 2004, Work Session, were approved on a motion by Ms. Vavrek with a second by Mr. German.   The motion carried with a vote of six yea.

The minutes of the May 4, 2004, Council Meeting, were approved on a motion by Ms. Vavrek with a second by Mr. German.   The motion carried with a vote of six yea.

The minutes of the May 10, 2004, Special Council Meeting, were approved on a motion by Mr. German 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 June.

On a motion by Ms. Vavrek with a second by Ms. Moore to approve the appropriations for the month of June in the amount of $55,726.23.

President Wilshire asked for any questions.

Mr. Crooks noticed the decrease in the Statement of Cash Position and asked if it was expected.

Ms. Lapinto stated yes.   The Borough had less money at the beginning of the year.   Everything is in line with the budget.   It’s very tight.

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

President Wilshire then presented the Monthly Treasurer’s Report, Statement of Cash Position, Budget Analysis, and Overtime Comparison Report for informational purposes.

President Wilshire announced a Work Session is scheduled for June 28, 2004, at 5:00 p.m. in the Clarion Borough Offices.

On a motion by Mr. Crooks with a second by Mr. Zerfoss, approving the First Baptist Church’s special event request for their 2004 Vacation Bible Study to be held July 19-23, 2004, from 8:30 a.m. until 12 p.m., was carried with a vote of six yea.

President Wilshire commented the Clarion Area Chamber of Business and Industry submitted a request for a donation in the amount of $750 for the I Love Clarion fireworks.   This is an annual request.

On a motion by Ms. Vavrek with a second by Mr. Zerfoss to approve the Clarion Area Chamber of Business and Industry’s request for a donation in the amount of $750 for the I Love Clarion fireworks.

Mr. German asked what it costs for the fireworks display.

Ms. Lapinto reported about $10,000.  

President Wilshire added donations are sought from other organizations and individuals as well.

Mr. German inquired if the Borough is the largest contributor.

Ms. Vavrek stated no.   Donations are accepted at the door.   Usually, enough money is collected to cover the fireworks, and there’s $1200-1500 to carry over into the next year.

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

President Wilshire reported the Clarion Area Business Association, CABA, is requesting permission to close North Sixth Avenue to hold a promotion called “Fair Weather Fridays”.

Mr. Crooks announced CABA doesn’t need to use the street for this promotion but has gotten permission from the owner of Dancer’s Studio to let the band set up in front of the business.   This is a better arrangement and no parking will be lost.   If the weather is nice, the band will set up Friday and play from 6-8 p.m. for people to enjoy.   Most of the bands are local.   Some are Christian bands and others are father/son bands.

President Wilshire reported over the past few months or years the Borough’s discussed the Tax Collector.   A letter was forwarded to the Tax Collector’s bonding company explaining the Borough’s situation with the lack of payment for the money owed to the Borough, School District, and County.   President Wilshire announced the Borough just received a cancellation notice from the bonding company and asked Solicitor Marshall to explain what happens now.

Solicitor Marshall stated the terms of the bond and cancellation notice indicated that there’s still coverage for 30 days from the date the tax collector received notice.   Solicitor Marshall will need to speak with the company’s representative to determine the date Ms. Clark received written notice.   Thirty days from the date of that notice, unless Ms. Clark can find a replacement bond, Borough Council may declare the position vacant.   Once declared vacant, Solicitor Marshall commented Council can appoint someone right then or has 30 days to appoint a tax collector to assume the duties.   The appointed person is only required to be a registered voter in the Borough and have resided in the Borough continually for 1 year prior to appointment.   The appointed individual would have to take an oath of office and submit a bond as required.   If a replacement bond is provided by Ms. Clark, then the only procedure to have the tax collector removed is actually governed by the Pennsylvania Constitution, Article 6, Section 7, which provides that an elected official can be removed by the Governor for reasonable cause after due notice and full hearing on the address of 2/3 of the Senate.  

Mr. Zerfoss asked if Ms. Clark has to find a replacement bonding company and then the entities pay the bill.

Solicitor Marshall reported that’s correct.   If Ms. Clark finds an additional bond, then the Borough, County, and School District would be required to pay for it.

Mr. Zerfoss asked when the 30-day period starts and ends.

Solicitor Marshall noted the exact date Ms. Clark received notice needs determined.   Thirty days from that point, Ms. Clark is no longer covered under their surety bond.   Unless Ms. Clark finds a replacement company during that period, Solicitor Marshall reported Ms. Clark will not fulfill the statutory requirements to hold the position and Council can declare the position vacant and also appoint someone to fill that position.

Ms. Lapinto inquired if the Borough has to pay an outrageous rate if another company agrees to bond Ms. Clark.

Solicitor Marshall commented yes.

Ms. Vavrek asked if it would be reasonable to assume that when Ms. Clark tries to secure another bond questions would be asked as to what she was doing.

Solicitor Marshall feels it may be difficult to get insured.

Mr. German questioned if the Borough only has this 30-day period to recoup the losses or how the Borough proceeds from here.

Solicitor Marshall pointed out any action prior to the 30-day period will be the responsibility of the surety company.

If the bond is not replaced in time, President Wilshire intends for the Administration Committee to meet and discuss it and possibly schedule a Special Council Meeting to recommend taking action.

Mr. Zerfoss voiced concern that beginning July 1 st citizens pay his/her taxes with a penalty and wanted to know what he/she should do.

Mr. German asked if a lock box could be set up.

Solicitor Marshall stressed Ms. Clark is the duly elected tax collector and nothing can be done until the requirements aren’t met.   If people pay through the mail, then he/she has the date indicating when it was sent.   If a person tries to pay at the house, Solicitor Marshall doesn’t know what he/she will do besides noting he/she did pay it at face value.   If someone is appointed, he/she would have to decide whether payments were timely received or not.

Mr. Zerfoss prefers to pay his taxes in person to Ms. Clark and get a receipt.

Solicitor Marshall thinks it’s similar to if the tax collector goes on a vacation a week before.   The payments are probably considered received without the penalty.

If a person attempts to pay Ms. Clark in person and is unsuccessful, Mr. Crooks commented the next prudent step would be to mail it and get a proof of mailing.

Solicitor Marshall reported the money is still going to have to be accounted for and an audit done of the tax book to determine once the transfer is made what the Borough’s lacking.   The current surety company is still responsible for the next 30 days.

Ms. Lapinto inquired if the tax book would need audited before someone’s appointed.

Solicitor Marshall feels it would be a wise and prudent idea for the incoming individual to have an audit performed so he/she can determine where exactly he/she stands.   A bonding company would probably appreciate it as well.   Solicitor Marshall recommended Borough Council authorize him to send a letter to the tax collector and her attorney to indicate that the Borough intends to declare the position vacant unless Ms. Clark provides a replacement bond within 30 days.   That way Ms. Clark is put on notice of Council’s intention.

President Wilshire asked if Council could ask Ms. Clark for an earlier resignation.

Solicitor Marshall realizes previous attempts were unsuccessful, but it can be asked again.

President Wilshire asked for Council’s wishes?

Mr. German feels Council should very nicely give Ms. Clark another chance to resign.  

Solicitor Marshall stated this should be done in the form of a motion.

On a motion by Ms. Vavrek with a second by Mr. German to direct Solicitor Marshall to send a letter to Rose Clark and her attorney to indicate Council’s intention of declaring the position vacant and appointing someone to the position after 30 days if Ms. Clark hasn’t found a replacement company and to attempt to ask Ms. Clark again for her resignation.   The motion carried with a vote of five yea with Mr. Zerfoss voting nay.

Mr. Zerfoss added he wasn’t satisfied with the answers he received tonight.

Downtown Committee : There was none.

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

Mr. Zerfoss introduced Mr. Robert Larson to Council, he is the new Public Works employee hired to replace Mr. Chris Miller.

Mr. Zerfoss asked Mr. Stutzman for additional comments on the Public Works Report.

Mr. Stutzman stated the report is more detailed but asked for any questions.

Ms. Moore stated there didn’t seem to be as many items out for Clean-Up Day.

Mr. Stutzman initially thought the same thing.   However, three more trucks were used this year than last year.   The reason it was deceiving is because a lot of big piles were along the alleys.   Brush pick up went well.

At the last Public Works Meeting, Mr. Zerfoss stated the Committee discussed the possibility of including businesses next year with Clean-Up Day.   In a way, the landlords are a business and are allowed to participate.   Mr. Zerfoss urged Councilmembers to think about that and let him know his/her opinions.

Mr. Zerfoss commented the Committee would like the second building by the new Public Works Building painted or sided so it will look as good as the new building.   Mr. Stutzman and Ms. Lapinto were checking on prices, and the Committee will move from there.

Mr. German inquired if that was budgeted for this year.

Mr. Zerfoss stated he’s not sure, but the Committee is interested in seeing an estimate.

Mayor Smathers suggested masonry stain.   It should be available in a color similar to the siding

Ms. Lapinto obtained a cost for the same siding.

Mr. Zerfoss reported Mr. Stutzman and the employees mentioned three problem areas while plowing snow, which need addressed.   Mr. Zerfoss will meet with the Public Safety Committee before bringing anything to Council.

Mr. Zerfoss reported two paving bids were opened today at 3:00 p.m. for this year’s Summer Paving Project.   IA Construction’s bid was $58,199 and Hager Paving’s bid was $51,272.85.   Mr. Zerfoss moved to award the bid to Hager Paving until the money runs out.   The Borough has the streets prioritized, which is how it’s done every year.

Mr. Crooks asked if the Borough doesn’t have that much money to spend.

Ms. Lapinto commented there’s about $30,000 available.   The top priorities are Church Road and Wilson Avenue.   The milling of Wood Street was on the wish list.

Mayor Smathers questioned the condition of Eastwood Drive in the Troese Addition and Horizon Heights.   Eastwood Drive has been settling all winter and is probably down 5-6” by now.   It’s at a point where it’s a potential traffic hazard.

Mr. Zerfoss stated the Borough needs to find out if that road is caving in or if the construction vehicles are causing the problem.

Mayor Smathers agreed the construction vehicles have added to the damage on Horizon Heights.   However, it was temporarily fixed last year.

Mr. German inquired if the Borough actually bids a project bigger knowing there’s no way the money will be there.

Ms. Lapinto reported no.   This year the bids were high as a result of gas prices.   The Borough always bids a third street with the hopes the bid will come in low and the money will be available to complete everything, which is usually the case.

Mr. German asked if the companies bidding understand that?

Ms. Lapinto stated yes.   Everything is bid the first time to avoid the need to advertise the entire project over.   Advertising costs are expensive.   The State usually helps decide what streets will be paved, because this project is funded with liquid fuels money.

On a motion by Mr. Crooks with a second by Mr. Zerfoss, accepting the low bid from Hager Paving in the amount of $51,272.85 for the Summer Paving Project, was carried with a vote of six yea.

Mr. Zerfoss stated the Borough received applications for summer help and followed the guidelines set up by the special Public Works Committee that the individuals must be 18 years of age or older.   After completing the interviews, the Committee recommends hiring Adam Williams, Jason Reed, and Brian Luton at the rate of $6.00 per hour.

On a motion by Mr. Zerfoss with a second by Ms. Vavrek, approving to hire Adam Williams, Jason Reed, and Brian Luton as part-time summer employees at the rate of $6.00 per hour, was carried with a vote of six yea.

Public Safety :   Ms. Vavrek, in the absence of Mr. Herman, reported a meeting will be held for the Committee to evaluate the Chief.

Ms. Vavrek announced the Public Safety Committee is scheduled to meet on June 18, 2004, at which time a date should be determined to begin contract discussions with the Police Department.   The delay for the meeting was to gather some information.

Housing and Zoning :   On a motion by Ms. Vavrek with a second by Ms. Moore to adopt Ordinance #2004-723 , an Ordinance vacating a portion of Whitehill Place.   The motion carried after the following roll call vote: Mr. Zerfoss: no: Mr. Crooks, yes; Ms. Vavrek, no; Ms. Moore, yes; Mr. German, yes; and President Wilshire, yes.

On a motion by Ms. Vavrek with a second by Ms. Moore, giving permission to advertise Ordinance #2004-724 , in reference to the Pennsylvania Construction Code Act, was carried with a vote of six yea.

Ms. Vavrek stated there is a letter in the packet from Clarion County requesting Council include it in the minutes.   The letter simply states if no permit has been issued by a municipality no taxes will be collected for that structure.   The Assessment Office informed everyone it will not be assessing any prior or current construction that has not been issued a building permit, unless there is a County-wide re-assessment.   Ms. Vavrek commented the Board also wants to be made aware of which municipalities opt into the Statewide Building Code and how their inspection agency or person will be issuing the permit.

President Wilshire reported the letter can be included in the minutes, which a copy is attached to the Official File Copy of the minutes; however asked Solicitor Marshall to review it.   There may not be any problems, but it should be reviewed to make sure.

Mayor Smathers recommended it sounds like it is encouraging people to build without a permit so he/she doesn’t have to pay taxes.

Recreation :   Mr. German informed everyone the pool is open.

Back to the letter from the County, Mr. Ragon clarified for everyone the State is the one telling the County they are not responsible for municipalities to find the building construction.   It’s the assessor’s responsibility in each municipality to report building, and the County is no longer permitted to find the structures to put on the tax rolls.

Mayor Smathers inquired who is the Borough’s Assessor?

Ms. Lapinto commented the Borough doesn’t have one.

Mr. Ragon stated all the Borough’s permits are turned into the County.

Mayor’s Report : Mayor Smathers asked Chief Hall for any comments.

Chief Hall informed Council the Department conducted Buckle-Up Today Operation Safe holiday and reported 74 citations were issued for a variety of traffic violations.

Manager’s Report :   Ms. Lapinto welcomed Mr. Ragon back to work and thanked the office staff, especially Ms. LaVan, for stepping up to the plate while Mr. Ragon was out.   Also, Ms. Lapinto appreciated Mr. Ragon’s willingness to answer questions while he was off.

Mr. Ragon thanked everyone for covering while he was off.

Old Business :   There was none.

New Business :   There was none.

Correspondence :   Ms. LaVan read a letter from Pope and Drayer, signed by Terry Pope, dated May 28, 2004, in reference to a response from Senator White.

In discussion with Representative McIlhattan, Ms. Lapinto reported the representatives are trying to look at the way funding is as to if it’s statutory, which elected officials can change, or constitutionally, which makes it difficult to change.

President Wilshire hopes that the solution to the problem is a real one and not a smoky mirror.   The tax problem really needs tackled but cannot be an unfunded mandate.

Mr. Zerfoss suggested the Governor be invited to attend a meeting in Clarion to discuss this issue.

On a motion by Ms. Moore with a second by Mr. German, the Council Meeting was adjourned at 7:55 p.m.

              ______________________________

              Carol Lapinto

              Borough Secretary