May 4, 2004 Regular Meeting

Clarion Borough Council

 

Monthly Index

May 4, 2004, Council Meeting

 

Citizen Comments:                                                                 Mayor Proclaimed National Nurses’

                                                                                                  Week and National Police Week

 

Administration:                                                                    Monthly Reports; Work Session

                                                                                                  Scheduled; Discussed Clarion Uni-

                                                                                                  versity Foundation’s Agreement for

                                                                                                  Payment in Lieu of Taxes with a

                                                                                                  Motion for Solicitor to Review All

                                                                                                  Agreements Prior to Approving;

                                                                                                  Committee Appointed to Evaluate

                                                                                                  Chief

 

Downtown Committee:                                                  None

 

Public Works:                                                                         Monthly Report; Clean-Up Day

                                                                                                  Discussed; Permission to Advertise

                                                                                                  Summer Paving Project; Gave

                                                                                                  Permission for Brad Stutzman and

                                                                                                  Tom Thompson to Attend Public

                                                                                                  Works Symposium; Hired Robert

                                                                                                  Larson for Full-Time Public Works

                                                                                                  Position; Advertise for Summer Help

 

Public Safety:                                                                           Gave Permission for Chief to Attend

                                                                                                  Pennsylvania Chiefs of Police Con-

                                                                                                  ference;   Update on Criminal Investi-

                                                                                                  gator; Chief Discussed Speed

                                                                                                  Minder, Seatbelt Safety, and Cross-

                                                                                                  walks

 

Housing and Zoning:                                                                       Monthly Report; Borough Opting

                                                                                                  Into Uniformed Construction Code

 

Recreation:                                                                               Pool Opening and Pass Information

 

Mayor’s Report:                                                                       Asked to be Included in on

                                                                                                  Committee to Evaluate Chief

 

Manager’s Report:                                                                       Permission to Attend PSAB’s

                                                                                                  Annual Conference; Insurance

                                                                                                  Packets Completed

 

Old Business:                                                                           Snow Removal Ordinance Status;

                                                                                                  Brian Acey’s Request on Vacation

                                                                                                  of Whitehill Place Approved After

                                                                                                  Discussion; Motion that Proper

                                                                                                  Procedure to Advertise for Vacation

of Alley

 

New Business:                                                                                     Possible Special Council Meeting to

                                                                                                  be Scheduled to Handle Foundation

                                                                                                  Agreement

 

Correspondence:                                                                   Anita Michael’s E-Mail In Re to

                                                                                                  Traffic on South Street; Referred to

                                                                                                  Public Safety

 

The regular scheduled meeting of the Clarion Borough Council was held on May 4, 2004, in the Clarion Free Library.

 

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

 

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

 

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

 

Mr. Herman made a motion with a second by Mr. German to approve the minutes of the March 12, 2004, Special Council Meeting.   The motion carried with a vote of five yea with Mr. Zerfoss voting nay.

 

The minutes of the March 29, 2004, Work Session, were approved on a motion by Mr. Herman with a second by Ms. Moore.   The motion carried with a vote of five yea with Mr. Zerfoss voting nay.

 

The minutes of the April 6, 2004, Public Hearing, were approved on a motion by Ms. Vavrek with a second by Ms. Moore.   The motion carried with a vote of five yea with Mr. Zerfoss voting nay.

 

The minutes of the April 6, 2004, Council Meeting, were approved on a motion by Mr. German with a second by Ms. Vavrek.   The motion carried with a vote of five yea with Mr. Zerfoss voting nay.

 

The minutes of the April 15, 2004, Special Council Meeting, were approved on a motion by Mr. Herman with a second by Mr. German.   The motion carried with a vote of five yea with Mr. Zerfoss voting nay.

 

Citizen Comments :   Mayor Smathers proclaimed the week of May 6-12, 2004, as National Nurses’ Week and presented it to Candy Kleis, Jane Schmader, Doug Mortimer, and Darlene Rearick.  

 

Mayor Smathers proclaimed the week of May 9-15, 2004, as National Police Week and presented the proclamation to Chief Hall.

 

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

 

On a motion by Ms. Vavrek with a second by Mr. German, approving the appropriations for the month of May in the amount of $57,232.09, 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 May 24, 2004, at 5:00 p.m. in the Clarion Borough Offices.

 

President Wilshire stated Council discussed the Clarion University Foundation Agreement for payment in lieu of taxes at the Work Session.   President Wilshire informed everyone Solicitor Marshall has been in contact with Attorney Dick Kooman, the Foundation’s attorney, and believes the agreement is legally okay.

 

Solicitor Marshall confirmed that was correct.

 

Mr. Herman made a motion to approve the University Foundation Agreement.

 

Ms. Moore seconded the motion.

 

Mayor Smathers inquired why it’s so important to the Foundation to be tax exempt if the amount of taxes is the same.

 

Ms. Lapinto reported Clarion Borough is the only entity receiving the full amount.   The others are only receiving 50%.

 

Mr. Zerfoss questioned why the Foundation couldn’t just pay off the tax notice like the residents do.

 

President Wilshire assumes it’s probably just the principle of being tax exempt, but the Foundation wants to support their local entities.

 

Solicitor Marshall understands the reason negotiations began was because a legal challenge was raised about the Foundation’s tax-exempt status.   Judge Arner issued an order that the Foundation was not tax exempt.   After that decision, the Foundation decided not to go through the appellant procedure but preferred to enter into an agreement with the entities and Assessment Board.   Solicitor Marshall stated the Borough would be approving the agreement and then the County Assessment Board and the Clarion County Commissioners have to approve all the agreements before they become final.

 

If the Foundation, at some point, would want to turn these properties over to the University, Mr. Herman inquired how that would affect this agreement and wondered if the Foundation would have to pay the taxes until the agreement expires.

 

Solicitor Marshall understands the agreement would no longer be in affect and the Foundation wouldn’t be required to make these payments.

 

Mr. German asked why a 30-year agreement when the previous one was only for 5 years?

 

Solicitor Marshall stated the entities requested it this way.   The agreement would be for 30 years; and if millage rates increase, then the payment would also.

 

Mr. Herman reported another entity has a similar agreement; however, through discussion with this person, it was relayed it was iron clad for 30 years, non-breakable.

 

Solicitor Marshall is not aware of that.   Attorney Kooman indicated the Foundation wanted the same agreement from every entity.   The only difference was with the schedule of properties.

 

Mr. German asked if Number 4, Loss of Tax Exemption, covers that issue.

 

Mr. Herman understands another entity’s agreement doesn’t have this clause.   Their contract states it will be paid the entire 30-year duration.   If that’s the case, Mr. Herman feels it should be investigated to ensure the Borough does as well.   The Foundation personnel could change, which is a concern.

 

President Wilshire asked if Mr. Herman saw this agreement.

 

Mr. Herman commented no, but the person relaying the information conducted the negotiations for that entity.

 

Ms. Vavrek stated it doesn’t make sense that the contracts would be different.

 

Ms. Moore questioned if it had to be approved tonight.

 

President Wilshire understands all the agreements must be approved before the County would take action.   Clarion and Clarion-Limestone School Districts and Clarion Township have already approved their agreement.

 

Mr. Herman stressed he’d like this question answered prior to voting on this agreement.

 

President Wilshire inquired if the agreement could be approved with a contingency.

 

Solicitor Marshall agreed.

 

Mr. Zerfoss prefers to see the actual agreement that would be approved.

 

Since the Foundation is putting the money in an escrow account, Mayor Smathers stated the Borough doesn’t have an urgent need for that right now.

 

Ms. Lapinto commented there’s always an urgent need for money.

 

Mayor Smathers also would like to see the copies of all the agreements and for the Solicitor to review each to make sure the agreements are materially the same.

 

Mr. Herman wouldn’t have a problem attending a Special Council Meeting to handle this if it’s okay with Solicitor Marshall.

 

Solicitor Marshall doesn’t have a problem with that.

 

Ms. Vavrek doesn’t think that Council could demand the agreements are all the same.

 

Mayor Smathers stated no one’s asking the agreements be modified.   If they are different, Councilmembers were interested how they are different and what affect that would have on the effected parties.

 

Mr. Herman commented he’d like assurance the loss of tax exemption included in the agreements are the same for every entity and asked Solicitor Marshall if he focused on this agreement solely.

 

Solicitor Marshall pointed out he didn’t participate with this agreement and was instructed he didn’t need to attend these meetings.   The Borough has every right to look at the other agreements and make sure that somebody else isn’t getting a better deal.  

 

If the properties are turned over to the University, Mr. Herman stated the contract should stay enforced for the entire 30-year period.   That’s the substantial difference in the contracts.   If anything else were to pop up while Solicitor Marshall is reviewing the agreements, Council would be interested in knowing that as well.   After saying that, Mr. Herman withdrew his motion.

 

President Wilshire asked who seconded the motion.

 

Ms. LaVan commented Ms. Moore.

 

Ms. Moore agreed to withdraw the motion also.

 

On a motion by Mr. Herman with a second by Ms. Moore, directing Solicitor Marshall to look at the Borough’s agreement and compare it with the agreements that have been negotiated with the other taxable entities; specifically the contract length and the grammars around the contract length of tax exemption phase, as well as any other potential disagreements there may be and refer it back to Borough Council with a recommendation, carried with a vote of five yea with President Wilshire voting nay.

 

President Wilshire appointed Mr. Herman, as chair; Ms. Moore; and Ms. Vavrek to the Committee for the evaluation of the Police Chief.

 

Downtown Committee :   Ms. Moore had nothing to report.

 

Public Works :   Mr. Zerfoss reported the Public Works Report is in the packet for everyone’s review.   As requested, the report is longer and contains detailed information.

 

Mr. Zerfoss reminded everyone Clean-Up Day is May 15, 2004.   All items must be placed at curb-side the day before.   Mr. Zerfoss announced brush, limbs, and trees will be mulched May 12-14, 2004, only.   Residents should contact the Borough Office when it’s ready.   If residents want the mulch, it will be left; if not, it will be hauled away.

 

Mr. Zerfoss asked Ms. Lapinto to list the streets that will be paved in the 2004 project.

 

Ms. Lapinto reported Wilson Avenue and Church Road will be paved.   Wood Street from Second Avenue to Fourth Avenue will be paved if there is enough money.   Wilson Avenue is the top priority, because there is a problem with parking.

 

Mayor Smathers asked what was being done to Wilson Avenue.

 

Ms. Lapinto stated it was being widened and blacktopped between the sidewalk and berm areas.

 

Once that’s done, Mr. Zerfoss noted people will not be allowed to park there.   Parked vehicles in this area created a problem with plowing snow.

 

Mr. Stutzman reported the only area being paved is from Wood Street to Payne Street.

 

On a motion by Mr. Zerfoss with a second by Ms. Vavrek, giving permission to advertise the Summer Paving Project, was carried with a vote of six yea.

 

As stated at the Work Session, Mr. Zerfoss commented Council must give permission for Brad Stutzman and Tom Thompson to attend the Public Works Symposium in Grantville, Pennsylvania, October 18-20, 2004.   Last year, no one could attend because it was during Autumn Leaf Festival.   Next year, a different employee will attend.   The cost is approximately $130 each person.

 

Mr. German asked if the employees will report back to Council what they learn.

 

Mr. Zerfoss stated yes.

 

On a motion by Mr. Zerfoss with a second by Ms. Vavrek, giving permission for Brad Stutzman and Tom Thompson to attend the Public Works Symposium in Grantville, Pennsylvania, October 18-20, 2004, at the cost of approximate $130/each, was carried with a vote of six yea.

 

Mr. Zerfoss turned the next item on hiring a Public Works employee over to President Wilshire.

 

President Wilshire reported a special Public Works Committee reviewed the applications for the Public Works laborer position and selected four applicants to interview.   The candidates were very strong, which made the decision difficult.   After careful review, President Wilshire stated the Committee recommended hiring Mr. Robert F. Larson according to the contract specifications for a new laborer.   Mr. Larson is a veteran of the U. S. Army and has been employed by Castle Housing since 1999.

 

On a motion by Ms. Vavrek with a second by Mr. German to hire Mr. Robert F. Larson for the full-time Public Works position.   The motion carried with a vote of six yea.

 

Also, due to an inquiry from a Public Works employee, President Wilshire stated the Committee recommends advertising for summer help for the Public Works Department and that individuals applying should be a high school graduate.   In the past, these positions were not advertised.   The Public Works Committee will be given approval to hire three workers.

 

Mr. Zerfoss agreed there’s no procedure at this time and hoped the Committee could write a description and bring it to Council for approval.   A policy and procedure is necessary.   Meanwhile, Mr. Zerfoss agrees Council should advertise.   The Department will be down one full-time employee for the month of June and will need help.

 

Ms. Lapinto noted Little League provides the Borough with $2,000 to be used towards the maintenance of the fields.   Also, the Committee should set the starting wage.

 

Public Safety :   Mr. Herman stated the Chief would like permission to attend the Pennsylvania Chiefs of Police Conference in Lancaster in July.   It will cost approximately $660.   Last year, Chief Hall attended it, and the Committee, along with the Mayor, felt it was something valuable.

 

On a motion by Mr. Herman with a second by Mr. Zerfoss, giving permission for Chief Mark E. Hall to attend Pennsylvania Chiefs of Police Conference in Lancaster July 11-15, 2004, was carried with a vote of six yea.

 

President Wilshire thinks Council would appreciate a report from the employee what he/she learns at the seminars he/she attend.   It helps Council understand his/her position better.

 

Mr. Herman asked Chief Hall to discuss the position of criminal investigator.

 

Chief Hall informed Council there were 5 felony arrests and 5 misdemeanor arrests made this month.   Last month, there were a total of 8 arrests, 4 felonies and 4 misdemeanors.   Chief Hall thinks it shows that a good investigator will be a deterrent to crime.   Unfortunately, crime will still occur, but a person realizes he/she will have to answer to somebody, being the Police Department and the criminal investigator.

 

Mr. German asked the assessment of how the criminal investigator is doing.

 

Chief Hall feels he’s doing an excellent job.   The criminal investigator is like a bulldog.   Once he finds a lead, he keeps after it until the crime is solved.

 

Mayor Smathers asked the Chief to discuss the speed minder, seatbelt safety, and crosswalks.

 

Chief Hall reported the speed minder has been set up next to University Apartments in the dip in the area where the speed limit goes from 35 mph to 25 mph and has been there since Monday.   The purpose is to slow down traffic.

 

Chief Hall commented a student was hit in December in the crosswalk at Ninth Avenue and Main Street.   After the Public Works Department paints the crosswalks, the word crosswalk will be painted to bring everyone’s attention to these areas and hopefully slow traffic down.   Motorists that don’t obey are subject to $100 fine.

 

If a person is waiting to cross and a driver doesn’t stop, Mayor Smathers asked if he/she could be fined.

 

Chief Hall stated yes.   It would be a $100 fine.   That is in crosswalks that aren’t regulated by a traffic signal.   At a traffic signal, pedestrians should press the walk signal and obey the traffic light.

 

Chief Hall announced the Department will be participating in the Buckle-Up Program the weekend of Memorial Day.   The Department participated in this same grant Labor Day weekend.   Officers will be citing people that don’t use his/her seatbelts.

 

Housing and Zoning :   Ms. Vavrek stated the Housing and Zoning Report is in the packet for everyone’s review and drew everyone’s attention that the Zoning Hearing Board continued the hearing for Barry Rossey until May 18, 2004, at 6:30 p.m. at the Borough Offices.   Mr. Rossey is seeking permission to install a 100’ tower by his business.

 

Ms. Vavrek understands everyone at the Work Session decided it is best to opt in to the Building Code.   The ordinance has been forwarded to Solicitor Marshall for review.   Tonight, Council must approve to advertise the ordinance so it can be adopted in July.

 

On a motion by Ms. Vavrek with a second by Mr. Zerfoss for Clarion Borough to opt into the Uniformed Construction Code.   The motion carried with a vote of six yea.

 

Recreation :   Mr. German reported the pool is scheduled to open May 29, 2004, weather-permitting.   Passes are on sale at the Borough Office until May 28 th and then they will be sold at the pool.   The costs are as follows: family pass, $100; individual pass, $75; babysitter pass, $45; adult daily rate, $4; children 3-17 years old daily rate, $3; children 2 years old and under, free; and night swim, $2 everybody.

 

Mr. Herman inquired how the prices are compared to last year.

 

Mr. German stated the rates are the same.   There was no increase.

 

Mayor’s Report :   Mayor Smathers asked to be included on the Committee to evaluate the Chief.

 

President Wilshire commented absolutely.

 

Manager’s Report :   Ms. Lapinto requested permission to attend PSAB’s Annual Conference in Seven Springs from June 5-9, 2004.   A price cannot be given, because the State pays a portion.   Some topics are DEP in reference to recycling, negotiations, the Sunshine Act, and Right to Know.  

 

Ms. Lapinto informed everyone the insurance packet is completed and will be mailed tomorrow.

 

Ms. Lapinto will personally deliver Mr. Zerfoss’ packet next month.

 

Mr. German asked the cost of the conference.

 

Ms. Lapinto commented the State pays for all her mileage and meals and a portion of her lodging.   So, it’s hard to say an amount.

 

Old Business :   Mr. German asked Mr. Herman the status of the Snow Removal Ordinance .

 

Mr. Herman stated that’s one of the things the Committee has been working on.   Solicitor Marshall is reviewing different options on how to handle this Ordinance.   The Committee’s goal is to have a recommendation by September.

 

Mr. Brian Acey asked Council’s opinion on the position for the vacation of Whitehill Place.   Last month, Council requested Mr. Acey get some information in regards to surveying, which all Councilmembers received a copy.   Mr. Acey would like to know if he should proceed any further.

 

Mayor Smathers inquired if the survey will be detailed enough to show if the existing buildings will be in the right-of-way.   According to the minutes, the possible encroachment into that right-of-way seemed to be Mr. Herman’s concern.

 

Mr. Acey commented the surveyor explained the location of the alley will be blazed.

 

Ms. Vavrek questioned if Mr. Acey is saying he wanted to proceed with this survey.

 

Mr. Acey stated he’s here to get this issued resolved and will respect Council’s decision.   Personally, Mr. Acey doesn’t feel the survey is necessary.   Anyone can go down to the area and look at the right-of-way and see nothing is in there.   If Council would like the survey done, Mr. Acey will take that into consideration and decide whether it’s worth $3,000 to do a survey.

 

Mr. German noted Mr. Acey already spent $100.

 

Mr. Herman reported Ms. Vavrek and he actually went to the area to get the feel of where the 16’ is.   After looking at the right-of-way, Mr. Herman feels there are problems with it.   The alley was paved several times and no one knows where the actual center of the road is located.   A parking lot and a steel fence seem to be encroaching in this area.   Mr. Herman added he has as many questions now as he did a month ago.

 

Mr. Acey doesn’t see anything that would be a problem in that right-of-way and asked Solicitor Marshall if it is deeded to the property owners if that’s the Borough’s responsibility or if the property owners would have to resolve it.

 

President Wilshire thinks it’s Council’s decision to grant this request but it cannot have any stipulations.

 

Solicitor Marshall stated the Borough has no obligations to the property owners if items encroach in this area.   Nothing should have been built or placed there in the first place.   Solicitor Marshall doesn’t feel the Borough would be liable if the street is vacated.

 

If the owners encroached into the Borough’s right-of-way and the property is vacated, Mayor Smathers commented there is no longer an encroachment.

 

Mr. Herman stated there would be if the property line goes down where somebody erected a fence; and after the vacation, it’s on someone else’s property.

 

Mayor Smathers noted that’s a far reach.   The Solicitor even stated it’s not a concern for the Borough.

 

Mr. Herman understands what the Solicitor stated and doesn’t disagree with his opinion; however, Council is going to be giving something away that the property owners have already done certain things.   By granting it, Council will be creating a problem for those individuals while helping Mr. Acey, who will benefit financially.

 

Mr. Acey stressed every property owner along that street has supported him.

 

Mr. Herman reported the owners aren’t aware of the other factors involved.   What the property owners signed mentioned each would get 8’ or actually 10’.

 

Mr. Acey thinks there’s a difference of opinions among Council but will make his decision appropriately.

 

Ms. Vavrek also feels strongly a survey needs completed.   If the rest of Council is agreeable with the vacation, Ms. Vavrek will vote no.   This is not a simple vacation like Council handled before with only 1 or 2 properties.   Ms. Vavrek voiced concern with what happens after the vacation is approved.   If owners have a problem, he/she will come to Council.

 

If a survey is needed, Mr. Acey may ask other property owners for his/her financial support.

 

Ms. Vavrek made a motion that she would not agree with the vacation of the property unless a survey is done.

 

Mr. German seconded it.

 

Mr. Rodney Sherman, Clarion News , doesn’t understand the motion and doesn’t believe a negative motion can be made.   Council could approve or deny the request.

 

Solicitor Marshall thinks Council has the opportunity to table the matter until Mr. Acey provides a survey according to the specifications Council wants with re-evaluation by Council at that point or a motion could be made to approve or disapprove the request.

 

If Council made a motion to approve the vacation of the alley if it’s surveyed, Mr. Acey stated he could make a decision based on all the neighbors.

 

Mr. Herman commented that wasn’t an option.

 

Solicitor Marshall stated Council could table the matter until a survey is provided to Council indicating if any encroachments are in the middle and what each property owner is going to receive up and down that vacated alley.

 

Mr. Acey reported he’s uncomfortable with that, because he’d be spending $3,000 with no guarantee it would be approved.

 

Mayor Smathers agreed Council couldn’t give Mr. Acey a guarantee without knowing what the survey will show.

 

Mr. Acey stressed he doesn’t want to spend money in effort and vain.   Mr. Acey already spent $100 for preparation work and would like to know it would be granted if there are no problems.

 

If, after the survey is completed, all the property owners are happy, Mr. Herman informed everyone he would have no problems with it.

 

Beginning with Mr. Zerfoss, President Wilshire asked for everyone’s opinion on this vacation.

 

Mr. Zerfoss supports Mr. Herman and Ms. Vavrek’s opinion.

 

President Wilshire personally doesn’t feel a survey is warranted and doesn’t think the Borough should be getting involved in individual property owner disputes.

 

Mayor Smathers doesn’t think a survey is necessary.   It’s a waste of time and money on Mr. Acey’s part.

 

Ms. Moore agrees a survey is not needed.

 

After hearing Solicitor Marshall’s comments that the Borough wouldn’t be liable, Mr. German feels Mr. Acey’s request should be approved.

 

If the vacation is approved without a survey being done and a property owner asked another property owner to move his/her building, Mr. Herman asked Mr. German if he would feel like it should have been looked into harder.   Council’s actions could create a hardship for someone else down there.   As an elected official, Mr. Herman feels each member should do more than just hope that it doesn’t affect anybody by the nature of his/her action.

 

Mr. Acey stressed most of the property owners are supporting him in this request.   No one is present nor has anything been received opposing it.

 

Mr. Herman stated Mr. Acey’s mentioned that about 10 times in the last two meetings.   The problem is what Mr. Acey presented to the owners and what the ending result is may be different.

 

Mayor Smathers added the people in this area as well as everyone else know where his/her property lines are.   For all these years, these residents who have lived in that area and owned property have known what’s gone on behind his/her house.   It’s not a big secret to anybody.

 

Mr. Herman reminded everyone a survey has not been done since 1906.

 

Mayor Smathers urged it’s still not a big surprise to anyone.

 

On a motion by Ms. Moore with a second by Mr. German to grant the request of Mr. Brian Acey to vacate the right-of-way of Whitehill Place.   The motion carried after the following roll call vote: Mr. Zerfoss, no; Mr. Herman, no; Ms. Vavrek, no; Ms. Moore, yes; Mr. German, yes; President Wilshire, yes; and Mayor Smathers, breaking the tie with a vote of yes.

 

Mr. Acey thanked all Councilmembers for his/her opinions.

 

Solicitor Marshall added there’s a requirement in that section regarding advertising and suggested someone should make a motion to follow the proper procedure to advertise to vacate that alley be effectuated.

 

On a motion by Ms. Moore with a second by Mr. German that the proper procedure to advertise for the vacation of the alley.   The motion carried after the following roll call vote: Mr. Zerfoss, no; Mr. Herman, no; Ms. Vavrek, no; Ms. Moore, yes; Mr. German, yes; President Wilshire, yes; and Mayor Smathers broke the tie with a vote of yes.

 

New Business :   If a Special Council Meeting would be scheduled for Friday, President Wilshire asked Solicitor Marshall if that would be enough time to get copies of all the Foundation Pilot Agreements and be ready with a recommendation for Council.

 

Solicitor Marshall stated it shouldn’t be a problem provided he can obtain all the copies from Attorney Kooman.

 

Ms. Lapinto asked Solicitor Marshall to call the Office as soon as possible so the meeting can be set up.   Advertising must be 24 hours in advance.

 

Solicitor Marshall will forward all copies to Ms. Lapinto to be given to Councilmembers for the meeting.

 

Correspondence : Ms. LaVan read an e-mail notice from Anita M. Michael in reference to South Street traffic.   Ms. Michael is concerned about the traffic on South Street from Seventh Avenue to Fifth Avenue.   With cars parked along this street in this area, there is not enough room for two-way traffic.   Ms. Michael asked if that could be made one way going west since Wood Street is one way going east.

 

President Wilshire referred this to the Public Safety Committee for review.

 


On a motion by Ms. Vavrek with a second by Mr. Zerfoss, the Council Meeting was adjourned at 8:21 p.m.

 

 

 

                                                                                                  ______________________________

                                                                                                  Carol Lapinto

                                                                                                  Borough Secretary

 

 


Last Updated: November 5, 2003