Monthly Index

April 6, 2004, Council Meeting

Citizen Comments:                                                                 None

Administration:                                                                    Monthly Reports; Work Session

                                                                                                  Scheduled; Approved Special Event

                                                                                                  and Banner Requests; Exit Audit

                                                                                                  Report; Directed Administration

                                                                                                  Committee to Meet with Solicitor to

                                                                                                  Discuss Tax Collector

Downtown Committee:                                                  Monthly Report

Public Works:                                                                         Monthly Report; Public Works

                                                                                                  Meeting; Approved Bid from Tri-

                                                                                                  County Industries for Clean-Up Day

                                                                                                  Services; Accepted to Sell 1986

                                                                                                  Truck; Accepted Christian Miller’s

                                                                                                  Resignation; Advertised for

                                                                                                  Applications for Public Works

                                                                                                  Position; New Committee to Handle

                                                                                                  Interviews

Public Safety:                                                                           Retain John Lasky to Assist With

                                                                                                  Police Contract Negotiations

Housing and Zoning:                                                                       Monthly Report; Lengthy Discussion

                                                                                                  on Brian Acey’s Request for Council

                                                                                                  to Vacate Right-of-Way of Whitehill

                                                                                                  Place and Tabled Action; Accepted

                                                                                                  Recycling Bid from Tri-County

                                                                                                  Industries

Recreation:                                                                               Committee to Meet with YMCA;

                                                                                                  Status of Park Project

Mayor’s Report:                                                                       None

Manager’s Report:                                                                       Permission Given to Hire Industrial

                                                                                                  Appraisal Company to Do Complete

                                                                                                  Appraisal; Liquid Fuels Audit;

                                                                                                  Adelphia Cable Issuing Credit to

                                                                                                  Subscribers; Insurance Package

                                                                                                  Update

Old Business:                                                                           Opting In or Out to be Discussed at

                                                                                                  Work Session

New Business:                                                                                     Snow Removal Ordinance to be

                                                                                                  Reviewed by Solicitor

Correspondence:                                                                   Paul and Marjorie Smith Letter In

                                                                                                  Reference to Robert Ragon

The regular scheduled meeting of the Clarion Borough Council was held on April 6, 2004, in the Clarion Free Library.

President Wilshire called the meeting to order at 7:15 p.m.

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

The minutes of the February 23, 2004, Work Session, were approved on a motion by Mr. Herman with a second by Ms. Vavrek.   The motion carried with a vote of seven yea.

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

Citizen Comments :   There was none.

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

On a motion by Mr. Herman with a second by Ms. Moore, approving the appropriations for the month of April in the amount of $52,894.61, was carried with a vote of six 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 and asked Ms. Lapinto for any comments.

Ms. Lapinto stated one payment of real estate taxes was received.   Everyone will notice on the Treasurer’s Report the number of public solicitation fees collected this month.   These are for Farmer’s and Crafter’s Day.

President Wilshire announced a Work Session is scheduled for April 26, 2004, at 5:00 p.m. in the Clarion Borough Offices.

President Wilshire commented a number of special event or banner requests were received from the following: Clarion County Farmer’s Market Association to use the parking spaces around the Clarion County Memorial Park; Clarion County Prevention Council’s request for “Celebration in the Park”; United Way of Clarion County for their 5K and 10K Race; League of Women Voters of Clarion County to hang their “Remember to Vote on Tuesday” banners; Clarion Area Chamber of Business and Industry for Spring Fling; and Clarion Area Chamber of Business and Industry for Autumn Leaf Festival and asked Ms. Lapinto about the problem with dates on the banners.

Ms. Lapinto reported the League of Women Voters wish to hang their banners from April 21 to April 28 and the Chamber wishes to hang the Spring Fling banner from April 26 to May 1.   Only one set can be put up and the dates cannot be changed.   Since the League of Women Voters’ request was received first, it’s only right to approve their request and then the Chamber can put their banner up afterwards.

On a motion by Ms. Moore with a second by Ms. Vavrek to approve the following requests: Clarion County Farmer’s Market Association’s request to use parking spaces around Clarion County Memorial Park beginning May 22-October 30, 2004; Clarion County Prevention Council’s request to use parking meters and for exemption from the solicitation permit for “Celebration in the Park” to be held July 23, 2004; United Way of Clarion County’s special event request for traffic control for their 5K & 10K Race to be held September 11, 2004; League of Women Voters of Clarion County’s banner request to hang banners “Remember to Vote on Tuesday” from April 21-28, 2004; Clarion Area Chamber of Business and Industry’s special event request for Spring Fling to be held April 26-May 1, 2004, and the banner request to hang banner displaying dates from April 29-May 1, 2004; and Clarion Area Chamber of Business and Industry’s special event request for Autumn Leaf Festival to be held September 25-October 3, 2004.   The motion carried with a vote of seven yea.

President Wilshire reported the Administration Committee met with the auditor for an Exit Audit Meeting.   Everything looked good with the exception of the tax collector.

Ms. Lapinto noted Ms. Clark submitted a bill for postage and payment.   However, since the Borough hasn’t received the $3,600 owed, Ms. Lapinto stated the payments are being held.   Through conversations with the School District, Ms. Lapinto discovered they are pursuing her bond and formally asking for Ms. Clark’s resignation.   Ms. Lapinto stressed it’s coming into the big tax season and the Borough needs those funds.   The Borough is doing double work, because Ms. LaVan has to go through the tax duplicates and mark the Borough’s tax book.

President Wilshire thinks Council needs to ask for Ms. Clark’s resignation and repayment of all taxes owed to the Borough.   This has been going on a number of years.

Prior to doing that, Mr. Herman asked if an executive session could be held, not necessarily at this time, to discuss the possible legal options.

Mr. Rodney Sherman, Clarion News , protested and commented that is not covered under the Sunshine Law.   Unless Council is threatening to sue the tax collector, that’s not pending litigation.

Mr. Herman only asked for an executive session, because it was done once before.

Mr. Sherman objected then also.

President Wilshire personally feels Council should formally state their opinion and request Ms. Clark’s resignation.

Ms. Lapinto reported Council made a motion over two months ago to ask Ms. Clark for the money owed.   The Borough has been very nice and didn’t ask for late penalties.   The County received their money, the School District received a substantial part of their money, but the Borough has not received anything.

Mr. Zerfoss inquired if Ms. Lapinto feels the tax money is coming in as it should.

Ms. Lapinto announced the Borough received $40,000 in March and two large payments are expected in April.   It does appear to be in line.

Right now, Mr. Herman feels uncomfortable putting an actual motion on the floor without more information.

Ms. Lapinto informed Councilmembers the Borough’s Solicitor has been in contact with Ms. Clark’s Solicitor.   Another problem the Borough’s experiencing is finding out the delinquent per capita taxes.   When reviewing the list Ms. Clark submitted as delinquent, the list ended at the letter s.   Ms. Clark reported there were no more.   Ms. Lapinto stated it’s a lot of time and effort and the Borough’s at a loss.

Mr. Crooks questioned if Council could wait to see how the taxes come in over the next few weeks.

Ms. Lapinto voiced concern that this year’s taxes are segregated from what is owed.

Ms. Vavrek added Ms. Clark could use this year’s tax money to pay the amount owed from last year.

Mr. Herman inquired if Council could refer this to the Administration Committee to meet with the Solicitor and come up with a recommendation for Council.

President Wilshire stated that can be done but thinks it’s postponing it.

Mr. Zerfoss inquired if Ms. Clark will meet with anyone.

Ms. Lapinto reported Ms. Clark’s not returning any telephone calls.   This problem has been on-going for 12 years.

Ms. Moore noted someone could go down during office hours.

Ms. Lapinto stated she’d be willing to do that.

Mr. German asked if Ms. Lapinto thought it would do any good.

Ms. Lapinto doesn’t think Ms. Clark has the money.

Mr. German inquired the amount of Ms. Clark’s bills.

Ms. Lapinto commented approximately $600.

President Wilshire stressed Council can refer it to the Administration Committee but reminded everyone this problem has been going on forever.   Years ago, Ray Austin made an excellent report on the same situation, and the newspaper did a good job covering it.   This issue comes up year after year and nothing happens.   The auditors will offer suggestions, but it continues to happen.   President Wilshire wasn’t suggesting anything legal today but thinks it’s time to ask for Ms. Clark’s resignation.  

Ms. Lapinto reported one time Ms. Clark had $40,000-50,000 and didn’t know which entity it belonged to.   The Borough and School District paid twice to have the books audited to determine who the money should go to.

If Ms. Clark resigned tomorrow, Mr. German asked what happens.

Ms. Lapinto stated the Borough would receive all the records, complete another audit, and would appoint someone to do it until the next election.   At that time, someone would have to seek election for that position.   Ms. Lapinto stated it’s an elected position and the School District can’t appoint anyone.   Prior to someone running, the wage has to be set.   An entity could set the rate so low that no one would run for the position and then it could be brought in-house.

Mr. German asked when the term expires.

Ms. Lapinto informed everyone 2 years.   The Borough’s been more than fair with Ms. Clark.

On a motion by Mr. Herman with a second by Ms. Vavrek that the Administration Committee meet with the Solicitor and make a recommendation to Council about how to proceed with Rose Clark.   The motion carried with a vote of seven yea.

Downtown Committee : Ms. Moore stated the Committee has an item that needs the endorsement from the Public Safety Committee, which hasn’t been done yet, and there is nothing else to report at this time.

Mr. German asked President Wilshire if the letter from Pope and Drayer in reference to Second Avenue Development Corporation and a right-of-way easement for a sewer line and response from Solicitor Marshall was skipped.

President Wilshire apologized and stated that came up at the Work Session and everything was in order.   President Wilshire inquired what the difference is between this request and the requests for curb cuts.

Mr. Ragon stated the infrastructure is already under the road for curb cuts.

On a motion by Mr. Crooks with a second by Mr. German, approving the right-of-way easement between Clarion Borough and Clarion Area Authority for the installation of a sewer line from Third Avenue to the property owned by the Second Avenue Development Corporation, was carried with a vote of seven yea.

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

Mr. Zerfoss noted the Borough’s running into a problem getting material to patch potholes, because the plants do not open until May 1 st .

Mr. German asked the purpose of the hot box.

Mr. Stutzman commented it reuses and reheats asphalt.

Mr. Zerfoss mentioned the Public Works Committee has a meeting scheduled for tomorrow at 8:30 a.m.

Mr. Herman noticed patched areas where utility companies had to dig up the streets in the fall are now sagging and inquired if the company will come back to repair it.

Mr. Stutzman stated it depends on how old it is if the company will come back.  

Mr. Herman asked who is responsible in contacting the Sewer Authority to see when the contractor for the sewer project on Heidrick Street and Greenville Avenue is coming back to finish the project.

Mr. Stutzman commented the Authority stated the work would be done but doesn’t anticipate it before May.

Mr. Zerfoss reported Clean-Up Day is May 15, 2004.   The Borough received bids from Tri-County Industries, Onyx Waste Services, and County Environmental.   Mr. Zerfoss recommends accepting the bid from Tri-County Industries.

Mr. German asked if the Borough’s dealt with this company before.

Ms. Lapinto stated yes.   Tri-County Industries completed Clean-Up Day every year, except last year, and is the Borough’s recycling contractor.     Tri-County Industries and Onyx Waste Services’ bids are very close.   The problem is with disposal fees.   Onyx Waste Services’ bid is $44.22/ton versus Tri-County Industries’ bid of $34.97/ton.   Last year was a light year; however, if the Borough had a lot of waste, then the Borough could have hidden costs.

On a motion by Mr. Zerfoss with a second by Ms. Vavrek to accept the bid of Tri-County Industries of $450 for transportation per truck, $225 per total cost per roll off for hauling, and $34.97 per ton of waste disposal to provide services for Clean-Up Day.   The motion carried with a vote of seven yea.

Mr. Zerfoss stated the Borough advertised to sell the 1986 F-350 Ford truck.   Six bids were received.   The high bid was from Curt Wray in the amount of $1,501.   The truck has to be removed from the premises within 5 days.

On a motion by Mr. Zerfoss with a second by Ms. Vavrek, accepting to sell the 1986 F-350 Ford truck to Curt Wray for the amount of $1,501, was carried with a vote of seven yea.

Mr. Zerfoss read a resignation letter from Christian Miller from the Public Works Department.   Mr. Miller enjoyed working for the Department but has wanted to reenter the law enforcement workforce for the past 3 years.   Mr. Miller accepted a police officer’s position with Brookville Borough.   Mr. Zerfoss stated Mr. Miller’s last day of work will be April 13, 2004.   Mr. Zerfoss thanked Mr. Miller for his work at the Borough both in the Maintenance Department and as a part-time police officer.

On a motion by Mr. Zerfoss with a second by Mr. Herman, accepting the resignation of Christian Miller from the Public Works Department, effective April 13, 2004, was carried with a vote of seven yea.

Mr. Zerfoss made a motion to advertise the Public Works position with a deadline of April 19, 2004, at 3:00 p.m.   The Committee will then schedule interviews and be ready to hire an applicant at the May Council Meeting.

Mr. Crooks asked how long the previous applications were good.   There were a lot of qualified candidates.

President Wilshire reported Council discussed this at the Work Session.   The Borough does have to advertise the position.   However, since it’s basically the same job description, President Wilshire maintains those applications could be used as well.  

Mr. Herman disagreed and recalled the Solicitor informing Council that everyone has to apply.

President Wilshire pointed out the question to the Solicitor was if the Borough had to readvertise.

Ms. Lapinto thinks the applications are good for a year.  

Mr. Zerfoss stated that doesn’t matter.   The question presented to the Solicitor was that the Borough would have to contact each person to see if he/she wanted his/her application in again.

Mr. Crooks feels that would be the fair thing to do, because there were some very good applicants in there.

President Wilshire agreed the Borough could ask each one if he/she wanted to be considered for the position this time.   Also, President Wilshire prefers the other two committee members (Mr. Crooks and he) handle the interview process.

Mr. Crooks asked if he’d be in charge of the interview process.

President Wilshire reported yes, and Mr. Crooks will make a recommendation to Council on who to hire.

Mr. Zerfoss agreed with President Wilshire but objected to Mr. Crooks being part of the interview committee.

Mr. Crooks commented he’s in the dark.   Mr. Crooks doesn’t know if he’d feel comfortable with just the two of them deciding who is named to Council and prefers Mr. Stutzman’s input as well.

President Wilshire noted Mr. Stutzman and Ms. Lapinto will sit in on the interviews but cannot vote on hiring a candidate.   President Wilshire asked for a vote on the motion to accept applications and after that a committee will be determined.

On a motion by Mr. Zerfoss with a second by Ms. Vavrek, advertising the Public Works position with the application deadline of April 19, 2004, at 3:00 p.m., was carried with a vote of seven yea.

President Wilshire announced the review of the applications will be handled by Mr. German, Ms. Vavrek, and himself.   The new committee will recommend to Council the person to be hired.   The committee will determine how many and who will be interviewed.

Mr. Zerfoss thanked President Wilshire and thinks that’s an excellent committee.

Public Safety :   Mr. Herman reported the Committee received a letter back from the Police Bargaining Unit to agree to start early negotiations.   The contract expires at the end of December 2004.   Mr. Herman recommends Council hire John Lasky, a labor attorney with Reed Smith LLP, who has worked with the Borough in the past.   Attorney Lasky agreed to serve as a consultant to Council and assist with information as far as negotiating some particular documents from a legal aspect.

On a motion by Mr. Herman with a second by Ms. Vavrek to retain Attorney John Lasky to assist Council with the negotiations of the Police Contract.

President Wilshire asked for any discussion.

Mr. German inquired what kind of fees the Borough will incur.

Mr. Herman commented the Committee feels the expenses will be low.   It’s good for Council to have a labor attorney to run some ideas by to ensure everything is in line.  

Mr. German asked what about the Borough’s Solicitor.

Mr. Herman pointed out not as far as labor issues.

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

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

Prior to the Council Meeting, Ms. Vavrek reported the Committee held a Public Hearing to receive comments on a request from Brian Acey for Council to vacate the right-of-way of Whitehill Place, an unopened north-south Borough alley which was adopted by the Borough of Clarion December 1906.   The alley in question has 22 lots along Wilson Avenue and Grand Avenue and affects 11 property owners.   Mr. Acey has 6 letters signed by some property owners joining him in this request.   Since the area hasn’t been surveyed since 1906, Ms. Vavrek doesn’t feel comfortable at this time granting the request without a survey completed by Mr. Acey.   If any other Councilmember feels comfortable granting this vacation, Ms. Vavrek asked him/her to do so.

Mr. Herman thinks a survey needs done to establish the exact location of the current right-of-way.   By doing that, a person could put a mark half way in between where the edge of the right-of-way currently stands which would give the exact point of the new property line.  

Ms. Vavrek inquired if Mr. Acey is willing to consult someone to see how this could be done.

Mr. Acey agreed to do that to his particular area but not as a public service for the 22 different properties.   Council vacated Hulings Street, which involved 2 property owners, a couple months ago and this was not required.   If necessary, Mr. Acey stated he will amend his petition to encompass only the area that concerns him.

Mr. Crooks suggested Council could vacate this part of the alley Mr. Acey is concerned about; and if the other property owners want his/her portion, he/she could get it surveyed.

Mr. Herman commented Mr. Acey has included the other property owners in his official action.

Mr. Crooks stated Mr. Acey shouldn’t have to bear all the expenses since it’s benefiting all the neighbors.

Mr. Herman understands that but feels the property owners may want to join in on the survey.

Mr. Crooks asked if Council could approve to vacate the right-of-way of Whitehill Place with the condition Mr. Acey complete a survey showing the actual line of 16’ of property.

Ms. Lapinto doesn’t think Council can do that.

Ms. Vavrek prefers Council table action on this request until Mr. Acey can consult with someone to see how the survey could be done.

Mr. Acey reported he doesn’t want to do legwork in vain.

Ms. Vavrek pointed out it would probably just require a phone call to see how it could be done.   Ms. Vavrek voiced concern for the property owners that didn’t respond to Mr. Acey’s letter at all.   These individuals will gain 8’ also and may not be aware of that.

Ms. Lapinto inquired when the Borough’s Solicitor comes into play with this request.

Mr. Ragon commented the Solicitor will file this in the Prothonotary Office in the Road Agreement Book, which the Assessor’s and Recorder’s Office are then responsible to check the book and correct any deed.

Mr. Herman commented there’s no establishment to where the particular piece of land is and the entire parcel needs a survey.   Council is not dealing with one property.

President Wilshire suggested this request should be referred to the Solicitor since most of the Councilmembers are uncomfortable right now.

In previous discussion, Ms. Vavrek reminded everyone Solicitor Marshall felt the Borough did everything necessary in notifying the property owners.   However, the opinion on the idea of a survey wasn’t sought.   Ms. Vavrek informed Mr. Acey the Committee will refer this to Solicitor Marshall for review.

Mr. Acey pointed out again in the recent past Hulings Street was vacated.   This should be considered in the thought process.   Also, Council approved a right-of-way earlier in the meeting, and Mr. Acey inquired if a survey was completed for that as well.

Mr. Ragon verified it was.

Ms. Vavrek reported the bids were received for the recycling contract and recommended Council approve Tri-County Industries for a 5-year contract at a cost of $2,152.89 per month.  

Mr. Crooks asked if that was an increase.

Ms. Lapinto commented yes.   It’s an increase of $3,600/year.

President Wilshire reported Clarion Borough is the only municipality mandated in Clarion County to recycle due to the population.

On a motion by Ms. Vavrek with a second by Mr. Crooks, accepting the recycling bid from Tri-County Industries for 5-years in the amount of $2,152.89 per month, was carried with a vote of seven yea.

Recreation :   Mr. German commented a meeting with the Recreation Committee and the YMCA will be scheduled in the next week or so.

Mr. German asked Ms. Lapinto for an update on the park project.

Ms. Lapinto informed everyone the architect is working on the survey and drawings and hopes the project will be bid within the next month.   Engineers used to be able to hand deliver his/her plans to the Department of Labor and Industry, but with the new Building Code plans must be mailed.

President Wilshire asked if it could be sent electronically.

Ms. Lapinto stated no.

President Wilshire verified the project will not interrupt the state playoffs.

Ms. Lapinto commented that’s correct.

Manager’s Report :   As part of GASBY, Ms. Lapinto reported the State is now requiring municipalities to have a value on all belongings, such as, buildings, roads, and equipment and asked Council for permission to approve a contract with Industrial Appraisal Company to complete this task.   Industrial Appraisals has updated the Borough’s property on a yearly basis.   However, Ms. Lapinto feels the Borough needed a complete appraisal done since the Borough no longer owns the Second Avenue property and with the new Public Works Building.   The cost for this service is $4,135.   A software package is available for an additional $1,500, but Ms. Lapinto doesn’t feel this is necessary at this time.

Mr. Crooks asked if this was included in the budget.

Ms. Lapinto stated yes.    It’s very important that the values are correct.  

Mr. Crooks inquired how the Borough handles the Sewer Authority.

President Wilshire reported the Borough doesn’t technically own it.

Mr. Ragon informed everyone the Authority has already completed one as a requirement by their insurance company.

On a motion by Mr. Zerfoss with a second by Mr. Herman, giving permission to Ms. Lapinto to hire the Industrial Appraisal Company to do a complete appraisal for the amount of $4,135, was carried with a vote of seven yea.

Ms. Lapinto received a copy of the Liquid Fuels Audit from the Auditor General’s Office.   Everything is in compliance.

Ms. Lapinto received a letter from Adelphia Cable commenting they’re going to great lengths to ensure their recordkeeping is correct.   Adelphia determined each subscriber in Clarion Borough overpaid the franchise fees by $2.70.   Therefore, Clarion Borough subscribers will see a credit of $2.70 on his/her cable bill in May.

Mr. German asked for an update on the insurance.

Ms. Lapinto stated the insurance packet is about ¾ complete.   Loss runs will be given as part of the packet.   Loss runs are claims made against the insurance; the biggest one being worker’s compensation.   The names on the report have been blacked out so this information remains confidential.   Ms. Lapinto anticipates sending the packets out sometime this month.   By the middle of May, Council should be able to review the bids.   All policies expire August 10 th .

Old Business :   Mr. Zerfoss asked Ms. Vavrek when the Committee will bring up opting in or out of the new Building Code.

Ms. Vavrek reported Council will discuss it at the Work Session.   It must be included on the May agenda in order to have time to take action.

New Business :   Mr. German commented there was a lot of concern during the winter about the snow removal and fines and questioned if there was any way the fine could be paid like a parking ticket to avoid court costs being added.   Many people who received a citation would have been willing to pay $25 but fought the citation because of the additional court costs.

Mr. Herman informed everyone the Public Safety Committee has asked the Solicitor to review the Snow Removal Ordinance .   Hopefully, the Committee will have a report for the next Council Meeting.

Correspondence :   Ms. LaVan read a letter from Paul and Marjorie Smith, 4 East 8 th Avenue, in regards to Robert Ragon, Zoning Officer.   Mr. and Mrs. Smith stated on February 12 th , the brick came loose from the wall on the Goodwill Building and fell into the alley.   When arriving at the scene, Mr. Ragon already had the alley blocked; and, after some discussion, an engineer from the EADS Group was called in to inspect and determine the structure was safe and sound (which it was).   Mr. and Mrs. Smith found Mr. Ragon to be very competent, understanding, courteous, and thorough in performing his duties and feel the citizens of Clarion Borough can be proud of their Zoning Officer.

Mr. Ragon appreciated Mr. and Mrs. Smith’s comments and thanked both of them for their quick action in resolving this situation.   A fast response from citizens of the Borough is quite helpful.   Mr. Ragon thanked the Public Works and Public Safety Departments for their assistance during this time.

On a motion by Mr. Herman with a second by Ms. Vavrek, the Council Meeting was adjourned at 8:26 p.m.

                                                                                                  ______________________________

                                                                                                  Carol Lapinto

                                                                                                  Borough Secretary