Monthly Index

October 5, 2004, Council Meeting

Citizen Comments:         Vanessa Kriebel, Wilshire’s Flowers and

            Gifts, in re Diagonal Parking; Mrs. Larry

            Showden in re 4-Way Stop, Police Issues,

            University Students

Administration:         Monthly Reports; Work Session Scheduled;

            League of Women Voters of Clarion

            County’s Banner Request; Moment of

            Silence for Tony Lapinto

Downtown Committee:       Previous Parking Suggestions Revisited

Public Works:           Monthly Report; Update on Merle Road

            and Weaver Park Projects; Leaf Drop-Off

Public Safety:           Trick-or-Treat Scheduled; Discussed

            Proposed Snow Removal Ordinance ,

            Followed by Permission to Advertise;

            Two Dangerous Situations Discussed

Housing and Zoning:         Approved Simple Sub-Division Request

            by Dick Clark; Adopted Ordinance #2004-

             726 , Vacating Whitehill Place and Unnamed

            Alley from Wilson Avenue to Grand

            Avenue; Reminder that Building/Zoning

            Permits Still Necessary

Recreation:           Postponed Summer Recreation Report

Mayor’s Report:         None

Old Business:           Status of New Public Works Truck;

            Report on Corbett Street Storm Sewer

            Project; Thanked Public Works and

            Police Departments for Great Job During

            ALF

New Business:           None

Correspondence:         United Way Thank You Note

The regular scheduled meeting of the Clarion Borough Council was held on October 5, 2004, in the Assembly Room of the Clarion Free Library.

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

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

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

The minutes of the August 30, 2004, Work Session, were approved on a motion by Mr. Herman with a second by Mr. Crooks.   The motion carried with a vote of seven yea.

The minutes of the September 7, 2004, Public Hearing, were approved on a motion by Ms. Vavrek with a second by Mr. Crooks.   The motion carried with a vote of seven yea.

The minutes of the September 7, 2004, Council Meeting, were approved on a motion by Mr. Herman with a second by Mr. Crooks.   The motion carried with a vote of seven yea.

Citizen Comments :   Ms. Vanessa Kriebel, Wilshire’s Flowers and Gifts, stated the shop recently moved from 90 Merle Road to 110 South Fifth Avenue.   When moving the business, Ms. Kriebel realized parallel parking was the only type of parking allowed but feels diagonal parking is essential.   By diagonally parking, two cars can fit to one car in parallel parking.   Ms. Kriebel was informed by Penn Dot that this was a Borough issue.   If diagonal parking isn’t permitted at all times, Ms. Kriebel asked Council to consider allowing it during busy times; being holidays, Valentine’s Day, Mother’s Day, and the Prom.   Previous businesses located in that building were not permitted to have diagonal parking.

President Wilshire stated the major concern with diagonal parking was safety as to how far vehicles extended onto the street but asked the Public Safety Committee to look into this issue.

Ms. Kriebel noted SUV’s parked there this past weekend and had no problems sticking out into the street.   The sidewalk wasn’t used either.

Since the Public Works Committee and Public Safety Committee worked together once before to look at a number of   parking issues in the Borough, Mr. Herman asked if Public Works could also review it.

President Wilshire stated that would be fine.   If anything changes, Council would have to adopt an ordinance.

Ms. Vavrek also recalled it was a safety issue.

Ms. Kriebel understands if people parked right up to the stop sign it may be a problem but that’s not necessary.

Mr. Crooks asked how many spaces would be possible if diagonal parking is permitted.

Ms. Kriebel figured eight spaces.   Parking is allowed on both sides of South Fifth Avenue.   However, Fifth Avenue is busy and people don’t pay much attention to the speed limit.

Mr. Crooks asked if the traffic has slowed down because of the light being installed.

Ms. Kriebel doesn’t think it did.

Mayor Smathers asked if the owners of the property are in agreement with the request.

Ms. Kriebel stated yes and is willing to get signatures supporting the diagonal parking.

Mr. Herman stated the Committees will meet and look at this situation; and, if signatures are needed, the Committees will ask for them.

President Wilshire stated for the record he has no involvement with Wilshire’s Flowers.

Mrs. Larry Showden, (commonly known as Mike), asked Council to consider making the intersection of Sixth Avenue and Wood Street a permanent 4-way stop like it was during Autumn Leaf Festival.   That was wonderful.   Ms. Showden feels there was some bad planning when the officers were suspended during the week of ALF.   Officer Peck probably spent most of his night on Sixth Avenue.   The Borough doesn’t have enough policemen and the suspensions should have been considered that it was during that event.

Mr. Crooks announced the officers weren’t suspended during ALF.

Ms. Showden stressed the Borough doesn’t have enough police officers then.   Sixth Avenue was an absolute nightmare.   Clarion University students use that street to go to the parties on Fifth Avenue.   The Showdens kept getting up during the night and getting the students off of their property.   Ms. Showden believes the University must have some control to reach the students even though he/she may not live on campus.   When the students arrive, the University needs to hand him/her a information paper letting him/her know that this is the residents’ homes and to leave their things alone.   Ms. Showden realizes there are a lot of nice students, but there are a lot of nasty ones also.   Back to the police, Ms. Showden stated there are not enough officers to enforce the special rules on no dogs, bicycles, or skateboards anytime throughout the year let alone during ALF.   There are float messes all over this town.   The University should set a deadline when the floats must be cleaned up.

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

On a motion by Ms. Vavrek with a second by Mr. Herman, approving the appropriations for the month of October in the amount of $63,451.55, was carried with a vote of six yea with Mr. Zerfoss voting nay.

President Wilshire also presented the Monthly Transaction Report, Statement of Cash Position, Budget Analysis, and Overtime Comparison Report for information purposes.

President Wilshire informed everyone a Work Session is scheduled for October 25, 2004, at 5:00 p.m. at the Clarion Borough Offices.

President Wilshire stated the annual request from the League of Women Voters of Clarion County to hang a banner was in the packet.

On a motion by Ms. Vavrek with a second by Ms. Moore to approve the League of Women Voters of Clarion County’s request to hang their “Remember to Vote” banner.

President Wilshire asked for any discussion.

Ms. Moore asked if this was the organization that was slow on removing a banner earlier this year.

Ms. LaVan stated there was a mix up earlier this year; but once notified, it was removed.   A reminder can be noted in the approval letter.

The motion carried with a vote of seven yea.

President Wilshire requested a moment of silence for Tony Lapinto, husband of Ms. Lapinto, who is seriously ill and asked everyone to say a silent prayer.

Downtown Committee :   Ms. Moore asked the Borough Office personnel to look for any grants the Committee would be eligible for to help with parking issues.   As stated before, the Committee revisited some parking solutions.   Ms. Moore contacted a gentleman that does have some property to see if he would consider leasing it to the Borough.   Before making any commitment, the individual wants a firm proposal.   Ms. Moore reported Mr. Ragon, with the assistance of Mr. Stutzman, is going to look at the property and help the Committee get started on a proposal.   If it’s going to be a budget item, the Committee is going to have to move quickly to get some firm figures.

Public Works :   Mr. Zerfoss stated the Public Works Report is in the packet for everyone’s review and pointed out the storm sewer on Corbett Street is finished and the residents are happy.   Mr. Zerfoss asked Mr. Stutzman to explain the status of Merle Road and Weaver Park.

Mr. Stutzman reported both projects began on Monday.   If the Department doesn’t run into any problems with Merle Road, it should be completed tomorrow.

President Wilshire asked about the drainage issue behind the University Inn.

Mr. Stutzman commented that problem has been resolved.   Approximately 80% of the water and sewer line section of the park project has been completed.   The contractor anticipates paving to begin the third week of October.

Mr. Zerfoss informed everyone leaves can be dropped off at the pavilions at Paul A. Weaver Park until December.

Public Safety :   Mr. Herman announced Trick-or-Treat has been scheduled for Sunday, October 31, 2004, from 6 p.m. until 8 p.m.

Mr. Herman commented everyone received a copy of the proposed Snow Removal Ordinance , which has been reviewed by the Solicitor.   The current ordinance called for officers to issue a citation for failing to remove snow from sidewalks; which included a $25 fine, $50 magistrate fees, resulting in a total due of $75.   What is proposed is the Mayor will direct the officers to enforce the ordinance after the snow stops and issue a ticket, meaning it would not go to the magistrate’s office first.   The fine would be $50.   If the ticket is paid between 8-20 days, the fine increases to $75.   After that if the ticket is still not paid, it will go to the magistrate’s office.   Mr. Herman stated the point was to make the fine high enough so it would be a deterrent, but, at the same time, not put a hardship on anybody.   On a suggestion by the Mayor, property owners who lease a commercial property for a period over one year can provide the Police Department with a copy of the lease designating the person responsible.   This way the ticket would go to the correct individual.

On a motion by Mr. Herman with a second by Ms. Vavrek to give permission to advertise the Snow Removal Ordinance .

President Wilshire asked for any questions.

Mr. Zerfoss feels the owner should be responsible regardless.   This is the way everything else is handled.

Mr. Crooks agreed it would be a paper nightmare.   If the tenant doesn’t shovel the sidewalks and the owner receives a ticket, then the owner can take that amount out of the tenant’s security deposit.   If it’s the owner, it’s very clear.

Mayor Smathers commented the current ordinance never clearly imposed the citation on the owner.   It stated tenant or owner, which wasn’t legally enforceable.

President Wilshire asked if this only applies to a longer lease.

Mayor Smathers stated it applies for leases over a year.   The intent was to keep it away from student housing, which usually isn’t that long.   Mayor Smathers represents people that live in Pittsburgh that own a building on Main Street.   They are elderly and will not be coming up to shovel the sidewalks.   This is just one instance.

When this was discussed, Mr. Herman reported it was determined there aren’t that many leases that will reach this threshold.   The responsibility is on the property owner to notify the Borough with the information.   If that’s not done, the owner gets the ticket.

Because of sensitive information contained in the lease, Mayor Smathers added the full lease doesn’t need provided only the section designating the person responsible.

Since the Zoning Department handles the repairs of sidewalks, Mr. Zerfoss wondered why Mr. Ragon isn’t responsible for handling the snow removal also.   However, through conversation with Mr. Ragon, Mr. Zerfoss discovered Mr. Ragon cannot issue tickets only citations.   Therefore, Mr. Zerfoss asked if the meter enforcement officers, who usually are not able to ticket meters due to the weather conditions, could issue the snow removal tickets.

Mr. Crooks asked how they would know who to write the ticket to.

Mr. Zerfoss inquired how the police officers would.

Mr. Crooks stated the officer would take the information back to the office and look up the property owner information.

Mr. Herman feels weather-wise after a hard snow it may not be in the best interest to have the meter enforcement officers out there.   The Committee did discuss this and decided the officers would handle it.

Mr. Rodney Sherman, editor of the Clarion News , asked if the Mayor, who supervises the Police Department, will technically be in charge of the enforcement of this ordinance.

Mr. Herman stated yes.

Mr. Sherman pointed out Mayor Smathers just stated he has properties he manages that could be affected by the ordinance and questioned if there is a potential or at least a potential appearance of a conflict of interest.

President Wilshire commented the Mayor doesn’t vote on the ordinance.

Mayor Smathers noted it’s one property.

Mr. Crooks reported everyone is subject to the laws of the Borough whether he/she is property owners or not.

Mr. Sherman stressed the Mayor has control over the enforcement.

Mayor Smathers stated he lives in Clarion Borough and mentioned it’s similar to parking tickets, which he gets his fair share.

Mr. Sherman commented the Mayor’s livelihood is part of managing these businesses, which could be cited.

Mr. Crooks stated his does also.

Mr. Sherman stated Mr. Crooks doesn’t directly control the Police Department.

Since it is an ordinance, Mr. Ragon announced the Mayor doesn’t have to order it be enforced.   The police officers are responsible for enforcing ordinances.

Mayor Smathers added it’s not his job to tell the Chief of Police or police officers not to go out and enforce the laws that are on the books.

Mr. Herman informed everyone the lease section will not apply to that many people and it will be up to the owner to provide the information to the Police Department.   Second, in reviewing the old ordinance, the Committee felt the ordinance had to be revised to make it legally enforceable.

Chief Hall commented it has to be pre-arranged.

President Wilshire stated in essence the owner gets the ticket all the time.

Mr. Herman agreed.

Mr. Zerfoss noticed page after page of names cited last year for the ordinance and asked if that wasn’t enforceable.

Mr. Herman stated not the entire ordinance.

Mr. Ragon recalls the ordinance read owner and/or tenant and it was at the discretion of the issuing officer who to cite.

After discussion, the motion carried with a vote of six yea with Mr. Zerfoss voting nay.

Mr. German asked how the public will be informed.

Mayor Smathers thinks it will be done through a press release and Council Meetings.

Mr. Herman agreed and noted Council will adopt the ordinance at the November meeting.   Hopefully, there will not be much snow during November and Council will be able to notify the public.   Again, by changing this ordinance, residents have the opportunity to pay a ticket versus a citation at the magistrates.

President Wilshire asked how long a person is given to remove the snow from his/her sidewalk.

Mr. Herman reported 24 hours after the snow stops.   The Committee encourages people to shovel his/her sidewalks.   If unable, he/she should find someone to do it.   In earlier conversations with Ms. Lapinto, the Borough has a list of people willing to help with shoveling sidewalks.   Residents may call the Borough for help.

In conjunction with the Service Learning Office at the University, Mr. Ragon announced the Borough has a list of students who are willing to help elderly, handicapped, and senior citizens get his/her sidewalk cleaned.   The students do not charge a fee, because he/she receives a credit for the school year.   Residents should contact the Borough Office, and Mr. Ragon will make arrangements for the sidewalk to be shoveled.

Mr. Crooks brought everyone’s attention to two dangerous situations in the Borough with students walking where there are no sidewalks.   One is from Reinhard Villages and the other is along Fifth Avenue.   Mr. Crooks isn’t sure if the University is aware of these problems or planning anything but noted it is an accident waiting to happen.

Chief Hall reported the Mayor, President Wilshire, and he met with Harry Tripp and a few other individuals where this was discussed.

President Wilshire stated that was part of a Community Relations Meeting, which includes representatives from the town and University.   Ms. Lapinto mentioned once before that Penn Dot has a program where it is possible to put in sidewalks around schools and was going to look into this to see if it is available.   However, most of the problem is in Clarion Township.

Mr. Crooks commented pedestrians walk after dark, wear dark clothing, and walk in the wrong direction.   Pedestrians should walk towards the on-coming traffic.   Mr. Crooks suggested a campaign should be done to educate walkers.   Mr. Crooks fears someone’s going to be hurt badly.

Mr. Herman reported the problem with Greenville Pike is the road narrows where the bridge is, and the people have a tendency to walk on the east side, which has the wider berm.   This area is not well lit, making it hard to see people.

Chief Hall also discussed this location with the State Police.   Fifth Avenue is bad and it’s a miracle no one’s been hurt.

Shortly after the students returned, Mayor Smathers received several complaints from Borough citizens that he/she saw students in these areas.   The complaints were for safety reasons.   Mayor Smathers contacted the Foundation Office.   Michael Keefer informed Mayor Smathers the Foundation is trying to reinforce students are supposed to ride bus.   The students living at Reinhard Villages have vehicles and are provided with commuter parking on campus.   A lot of pedestrians are people visiting friends at Reinhard Villages and do no live there.   Mayor Smathers pointed out both situations are in Clarion Township.   If sidewalks were to be built, someone would have to deal with private property owners through condemnation or the owners may voluntarily want to give up frontage along Route 66 or 68 right-of-way areas to have sidewalk put in.   Mayor Smathers agreed it’s a tremendous problem and a disaster waiting to happen but doesn’t know who would deal with it or how it would get done.

Housing and Zoning :   Ms. Vavrek announced there was a public hearing prior to the Council Meeting on a request from Dick Clark for Council to approve a simple sub-division of property located at 401-403 South Street.   The affected lots are occupied by a single-family residence at 401 South Street, a two-family residence at 403 South Street, and the former Amato Wholesale Produce Warehouse on the rear of two lots at 53 South Fourth Avenue.   Mr. Clark wishes to purchase these, which is contingent on the simple sub-division establishing a separate lot for the warehouse.   Ms. Vavrek stated a variance for the use of the building as an electrical supply building and the creation of a non-conforming lot applying to the warehouse and subsequently for the residences, was approved by the Clarion Borough Zoning Hearing Board on August 17, 2004.   This was conditioned on receipt of recommendation of the Clarion Borough Planning Commission and Council.   Ms. Vavrek informed everyone the Planning Commission did approve the sub-division.   At the public hearing, Mr. Clark did agree, at the request of the neighbors, to put in a separate sidewalk beside the residences for the tenants to use to get to the back of the houses.   Also, Mr. Clark doesn’t plan to put in a large parking lot and does intend to maintain the residences on his own.   Ms. Vavrek asked for any questions or comments.

Mr. Clark commented the request is to separate the warehouse from the properties to make the lots sellable in the future.   It would be nice to have some kind of property line and a clear deed for the future.   Right now, it’s a gray area.   The Amato’s had trouble trying to sell it because of the way it was deeded.

On a motion by Ms. Vavrek with a second by Mr. Zerfoss, approving the request from Mr. Dick Clark, on behalf of the Salvatore Amato Estate and Ms. Jean Amato, for a simple sub-division of lots located at 401-403 South Street into three non-conforming lots, was carried with a vote of seven yea.

On a motion by Ms. Vavrek with a second by Mr. Zerfoss to adopt Ordinance #2004-726 , an Ordinance vacating a portion of an alley known as Whitehill Place and an unnamed, unopened alley between Wilson Avenue and Grand Avenue.   The motion carried with a vote of five yea with Mr. Herman and Mr. German voting nay.

With the adoption of the Uniformed Construction Code, Mr. Ragon reported there are some misunderstandings especially with the exemptions that were changed after adoption.   Roofing, siding, and replacement of windows are now exempt.   Mr. Ragon reminded everyone residents are still subject to the requirements of the Zoning Ordinance , meaning a building/zoning permit is required before putting up a structure, shed, garage, fence or pool.  

Recreation :   Mr. German commented a Summer Recreation Report is in the packet but prefers to hold off until he gets to discuss it with Ms. Lapinto.

Mayor’s Report :   There was none.

Old Business :   Mr. German questioned the status of the new truck the Borough purchased for the Public Works.

Mr. Zerfoss stated the Borough has the truck and the plow is also here.

Last month, Mr. German asked for a report on the amount of money saved with the Corbett Street storm sewer project.

Mr. Zerfoss reported Ms. Lapinto is working on getting all the figures together.   A report should be ready by the Work Session.

Mr. Crooks applauded Mr. Stutzman and the Public Works Department for the great job during Autumn Leaf Festival.   It is amazing to see the difference in the condition of the park Sunday night and Monday morning.   Mr. Crooks noted the hours and hours of work of the Public Works Department and Police Department are truly commendable.   Every Councilmember, merchant, and citizen appreciates and acknowledges the amount of work and grief that each Department goes through that week.

Mr. Stutzman thanked the University for assisting the Department that week.

New Business :   There was none.

Correspondence : Ms. LaVan read a note from the United Way thanking the Borough for their continued support for the United Way events.   Without the assistance of the Borough, the Military Appreciation Event at the stadium would not have been such a success.   Also, the race event would not have been possible without the police providing protection and security to the runners.   The United Way could not exist without the support of its community and its leaders.

On a motion by Mr. Herman with a second by Mr. German, the Council Meeting was adjourned at 7:57 p.m.

              ______________________________

              Linda M. LaVan

              Administrative/Zoning Secretary