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March 29, 2004, Work Session

The Work Session of the Clarion Borough Council was held on March 29, 2004, at the Clarion Borough Offices.

President Wilshire called the meeting to order at 5:00 p.m.

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

Citizen Comments :   There was none.

Administration :   President Wilshire welcomed Solicitor Marshall.   President Wilshire asked Solicitor Marshall for any comments.

Solicitor Marshall thanked Council for the appointment and looks forward to working with everyone.   Anyone with questions can contact him at any time.

President Wilshire stated the annual requests included in the packet from the Farmer’s Market for use of parking spaces around Clarion County Memorial Park; Clarion County Prevention Council for use of parking meters and for exemption from the solicitation permit for “Celebration in the Park”; United Way of Clarion County for traffic control for their 5K & 10K race; League of Women Voters of Clarion County for their banner request; Clarion Area Chamber of Business and Industry for Spring Fling; and Clarion Area Chamber of Business and Industry for Autumn Leaf Festival will be on the agenda for Council to approve at next week’s meeting.

President Wilshire stated Council received a letter from Pope and Drayer in reference to Second Avenue Development Corporation and a right-of-way easement for a sewer line and a response from Solicitor Marshall and asked Mr. Ragon for any comments.

Mr. Ragon reported he hasn’t been connected with it.

Solicitor Marshall commented everything looked appropriate.

Mayor Smathers asked if the Second Avenue Development Corporation is ready to break ground soon and what is proposed to be built there?

Mr. Ragon doesn’t have a proposal yet but has heard the owners want to build townhouses.   When Adam Weiss was in the office last week, Mr. Ragon inquired when Council would receive the plans.   Since it’s an R-1 neighborhood, the plans for anything other than single-family homes must be approved by Council.   Once the sewer lines are ready, the plans will be developed and given to Council.

President Wilshire asked if it would be a Conditional Use.

Mr. Ragon stated it depends on how the owners handle it.   If the owners go through traditional neighborhood development, townhouses are permitted.

Mayor Smathers verified the site is large enough to comply with traditional housing.

Mr. Ragon commented yes.  

Mayor Smathers questioned this would also fall under the new building code, which goes into affect April 9 th .

Mr. Ragon verified that is correct.

Public Works :   Mr. Zerfoss reported there are a couple days remaining of the Snow Removal Ordinance .   During the day, Mr. Zerfoss commented the Department is patching potholes.   However, the Borough has been having trouble getting hot mix since the plants aren’t open yet.   As soon as the plants open, the remaining potholes will be patched.   The employees are working at the ball fields as well.

At the Council Meeting, Mr. Zerfoss reported the bid results of the 1986 Ford truck that was for sale will be announced and Council will take action.

Also, Mr. Zerfoss stated Clean-Up Day bids are due March 31 st , and Council will handle this at the April Council Meeting.

Mr. Zerfoss announced the new truck has been ordered and should be delivered in July or August.

Mr. Zerfoss requested a 10-minute Executive Session in regards to personnel matters in the Public Works Department.

President Wilshire commented that will be held at the end of the meeting.

Public Safety :   Mr. Herman stated the Committee was unable to meet last week, as scheduled, and will be meeting after the Work Session.   Mr. Herman asked Chief Hall for any comments.

Chief Hall reported the two new Meter Enforcement Officers are out in full force and are doing a good job so far.

Downtown Committee :   Ms. Moore stated the Committee hasn’t met with the Public Safety Committee yet but plans to make recommendations about some parking meter changes around Main Street and Fourth Avenue.

Housing and Zoning :   Ms. Vavrek announced a Public Hearing has been scheduled prior to the Council Meeting at 6:45 p.m.   Mr. Brian Acey is asking Council for a vacation of a right-of-way of Whitehill Place.   Mr. Acey sent a letter to the property owners, and 82% signed a letter that he/she does not object.

Ms. Vavrek stated Councilmembers received the bid results for recycling services, which Council will award at Tuesday’s Council Meeting.

Ms. Vavrek feels Council should have a short discussion on the decision to opt in or opt out of the new building code.   This will not be on Tuesday’s agenda.   Council has until July 8 th to decide what will be done.   If Council opts in, an ordinance must be adopted stating that’s what was decided.   At the Housing and Zoning Meeting, the members didn’t come up with a decision other than Mr. Crooks feels the Borough should opt out and Mr. German was undecided.   If the Borough opts in, one thing that is necessary is to establish a review board consisting of five people.   Both Ms. Vavrek and Mr. Ragon feel the members must be people specialized in housing enforcement or inspections or qualified in the building field.   Mr. Ragon suggested the easiest way would be if the County would establish a board to react to the needs of all municipalities.   If Council decided to opt in, Ms. Vavrek mentioned the ordinance should be approved to advertise at the May Council Meeting followed by adoption at the June Council Meeting.   Whatever certifications Mr. Ragon doesn’t complete, the Borough would contract a third party to do.   If the Borough opts out, Ms. Vavrek feels the Borough loses control on what does happen.   The Borough couldn’t issue building permits, which would result in the loss of revenue.

Mr. Herman asked who would issue the permits.

Mr. Ragon commented a state individual would.   If the Borough opts out of the program, then it’s the responsibility of the contractor, the developer, or the property owner to get his/her own third party inspector.   The third party would complete the actual inspections and then the State would have control when the inspecting is done.

After the inspections are done, Mr. Herman inquired who would house this information.

Mr. Ragon stated the third party agency will send the certificate and occupancy permit to Labor and Industry.

If a building is built in the Borough, Mr. Herman verified the Borough wouldn’t have any control over it.

Mr. Ragon reported the only control is with zoning.

If the Borough opts out, President Wilshire inquired if it could delay the process for someone getting a permit.

Mr. Ragon stated that’s possible and the fees could also increase.

If the Borough opts in now, Mayor Smathers questioned if the Borough could opt out a year from now.

Mr. Ragon verified that’s correct.   The Borough can opt in or out at any time, but the Borough would have to notify Labor and Industry within 90 days that that’s what is intended.

Mayor Smathers doesn’t think the State is ready to go.   If the Borough doesn’t opt in, people wanting to build will be held up and there will not be any new construction in the Borough.

Mr. Ragon announced the State only has 60 inspectors for the whole state.

If the Borough opts out, Mr. Zerfoss asked if a person wanting to build gets the permit from the State.

Mr. Ragon informed everyone the person gets the actual permit from the State, but then has to find his/her inspector for the certifications.   If the Borough opts in, a third party list would be maintained with one or two agencies to do the inspections.   Mr. Ragon feels this would keep the costs down for the Borough residents.   If the owner had to find his/her own inspector, the inspector could set his/her own fee schedule at any level desired.   If the Borough maintains a list of agencies, the fees can be negotiated at a level that won’t overburden the residents.

President Wilshire prefers to opt in now to see how the State develops the program and opt out later.

Mr. Herman agreed and noted a project could be delayed several months, because the owner is waiting for an inspector to come to the project.

Mr. Zerfoss favors opting out.   The State come up with this building code but aren’t ready themselves.

Mr. Herman commented it’s an unfunded mandate, which was mentioned before.

If the Borough opts out, President Wilshire fears everything will go stagnant.

Mr. Ragon reported the Borough has a 3-year cushion right now because his certification is grandfathered during that time.   During that period if Council doesn’t like the way it’s going, the Borough has the capability to opt out.

Ms. Vavrek asked everyone to think about this for next month.

Back to the Acey request for the vacation of the 16’ right-of-way, Mr. Herman prefaced some questions by saying it is probably okay to give land away on a case-by-case basis.   However, Mr. Herman asked the following two questions: should a survey be completed by Mr. Acey to establish the property line dividing the two properties, which Council is asked to vacate, and how are the existing buildings treated that encroach on the property line once it’s drawn.

Ms. Vavrek stated Mr. Acey has agreed to pay all fees encountered with this request.

Mr. Herman wonders if the Borough should include in the motion that it be surveyed and a property line established.

Mayor Smathers stated Mr. Jonathan Stants had submitted a professional survey when he requested a vacation.

Mr. Herman asked what happens to the garages, sheds, or gardens on that line.

Mr. Ragon stated each owner gains 8’ of right-of-way.   There may be a case where a building encroaches, but Mr. Ragon doesn’t believe there is.

Mayor Smathers informed Council a spot survey would determine if any buildings are encroaching.   If so, it’s the property owners’ problem.

Mr. Ragon added it becomes a civil matter.

Mr. Herman realizes 82% have joined Mr. Acey with this request but 18% haven’t responded and feels those property owners should be notified.

Ms. Moore asked if those owners refused or just failed to sign.

Mr. Ragon commented he/she failed to send the paperwork back to Mr. Acey.   Anyone that didn’t join in the petition was notified of the hearing and will be notified of the results.

Mr. Herman reported all those property owners, even the ones not interested, will acquire 8’ of property and then may have to remove something that could cost him/her some money.   Mr. Herman thinks it would be a good idea for someone, either Mr. Acey or the Borough, to inform the property owners that he/she could be acquiring this property and possibly a building within that space.

President Wilshire asked Solicitor Marshall to review the situation and send letters out, if necessary.

After Council makes a decision to vacate it, Mr. Ragon commented there’s still a 40 day appeal period in which affected property owners who didn’t join the petition could file an appeal.

If a property owner didn’t sign the petition, Mr. Herman stressed he/she would still get 8’ of property.   These people need to be made aware that this could happen.

President Wilshire asked if Mr. Ragon knows exactly what the Borough’s vacating.

Mr. Ragon reported yes.   The information was taken from the survey of the Heidrick Street Plan of Lots.

Solicitor Marshall understands the statute doesn’t really state what Council’s obligation is as far as it lists what notices are to be provided to the owners as far as the vacation.   It doesn’t address the issue whether Council wants to go the extra step in notifying what piece of ground he/she will get.   If Council wishes to do so, Solicitor Marshall will need a copy of the survey in order to send letters to each individual landowner.   Again, that’s not required by the statute.

If Council approves it, Mr. Herman wishes to avoid a problem for property owners in that area that Mr. Acey would create.   The property owners will come back to Council not Mr. Acey.

President Wilshire inquired if it will create a liability for the Borough if Council sends out notification that the owners are going to get this extra land.

Solicitor Marshall stated Council could consider the property owners may work this out on his/her own.

Mr. Herman added it could be stipulated that Mr. Acey take care of all that but feels these people should be notified.

Recreation :   Mr. German had nothing to report.

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

Manager’s Report :   There was none.

Old Business :   There was none.

New Business :   There was none.

Correspondence :   Ms. LaVan read a letter from Paul and Marjorie Smith, 4 East 8 th Avenue, in reference to Robert Ragon, Zoning Officer.   Mr. and Mrs. Smith informed Council that the brick came loose from the wall on the Goodwill Building and fell into the alley.   By the time the Smiths arrived on the scene, Mr. Ragon had the alley blocked off and helped arrange for an engineer from the EADS Group to inspect the building to ensure the structure was safe and sound.   Mr. and Mrs. Smith found Mr. Ragon to be very competent, understanding, courteous, and thorough in performing his duties and feel the citizens can be proud of Clarion Borough’s Zoning Officer.

On a request by Mr. Zerfoss, President Wilshire called an Executive Session to discuss personnel in the Public Works Department, leaving at 5:33 p.m.

Mr. Rodney Sherman, Clarion News , asked specifically what type of personnel matter.

Ms. Vavrek stated questions in regards to previous interviews.

President Wilshire called the meeting back to order at 6:12 p.m. and stated no action was taken.

On a motion by Mr. Herman with a second by Ms. Moore, the Council Work Session was adjourned at 6:12 p.m.

                                                                                                  ______________________________

                                                                                                  Linda M. LaVan

                                                                                                  Administrative/Zoning Secretary