Monthly Index

September 7, 2004, Council Meeting

Citizen Comments:           John Murray, President of Clarion

              Little League Board of Directors

Administration:           Monthly Reports; Work Session

              Scheduled; Approved 2005 MMO

              for General Employees’ and Police

              Pension Plans; Approved Recon-

              struction Bid from Hager Paving to

              Complete Merle Road from Eighth

              Avenue and Fourth Avenue and Ditz

              Place; Approved YMCA of Clarion

              ALF 5K Race with Two Conditions

Downtown Committee:         Update on Sparking Up Downtown

Public Works:             Monthly Report; In-House Storm

              Sewer Project Discussed; Bagged

              Leaves Accepted Beginning October

              4, 2004

Public Safety:             Meeting with Bargaining Unit; Meter

              Analysis; Applications Discussed;

              Pedestrian Crossing Signs Stolen

Housing and Zoning:           Motion to Grant Vacation of

              Whitehill Place and Unnamed Alley

              from Wilson Avenue to Grand

              Avenue; Dick Clark Zoning Hearing

              Board Decision Granted Upon

              Council’s Granting Sub-Division

              Request; Vote Taken on Vacation;

              Permission Given to Request RFP’s

              for Third-Party Inspection Agencies

Recreation:             Low Bid of Fred L. Burns, Inc., to

              Complete CDBG Project at Paul A.

              Weaver Park

Executive Session:           Discussed Personnel Concerning

              Possible Disciplinary Action in

              Police Department; No Action

              Taken; Reopened Public Safety

              Committee; Suspended Officer

              Richard Foust Three Days;

              Suspended Officer Richard Foust

              One Day; Suspended Officer

              Shawn Zerfoss Three Days;

              Recommendation Added to all

              Three Motions

Mayor’s Report:           Thank Council for Supporting

              Decision; Reminder of Military

              Appreciation Day

Manager’s Report:           Received Check from Bonding

              Company for Real Estate Taxes;

              Budget to be Prepared

Old Business:             None

New Business:             None

Correspondence:           Letter from M. W. Scotty Brazier

              In Reference to Paving of Church

              Road; Letter from Linda Rea with

              Suggestions for Seventh Avenue

              Between Greenville Avenue and

              Fifth Avenue

The regular scheduled meeting of the Clarion Borough Council was held on September 7, 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. Stutzman, Chief Hall, Ms. Lapinto, Mr. Ragon, and Solicitor Marshall were also in attendance.

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

The minutes of the August 3, 2004, Council Meeting, were approved on a motion by Mr. Herman with a second by Mr. German.   The motion carried with a vote of seven yea.

Citizen Comments :   Mr. John Murray, President of the Clarion Little League Board of Directors, reminded Council he attend the Council Meeting last September 2003 to proudly announce Clarion was chosen as the host site for the 2004 Pennsylvania State Little League Tournament.   Mr. Murray commented the tournament was a huge success.   Mr. Murray stressed the Little League Association appreciated all the help the Borough of Clarion, its employees, and Borough Council lent throughout the tournament and the entire season.   On behalf of Little League, Mr. Murray presented Council with an aerial shot of Paul A. Weaver Park and each member with a souvenir program from the State Tournament.

Mr. Herman thanked the Board for a job well done.   At a previous meeting, Terry Bean was going to attend a follow-up meeting.   Mr. Herman asked how Mr. Bean was received and if the tournament would return to Clarion.

Mr. Murray informed Council Mr. Bean received a very good reception and many of the same compliments from the District Administrator’s Meeting.   All the feedback from Williamsport and the eastern region was very positive.   The Board was not given any promises for the future.   However, Mr. Murray stated the Association did the best job possible with hopes for something in the future.

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

On a motion by Ms. Vavrek with a second by Ms. Moore to approve the appropriations for the month of September in the amount of $62,321.17.   The motion was carried with a vote of seven yea.

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

Ms. Lapinto pointed out the Borough is running very tight on money and all expenditures will need to be closely monitored.

President Wilshire announced a Work Session is scheduled for September 27, 2004, at 5:00 p.m. at the Clarion Borough Offices.

President Wilshire asked Ms. Lapinto to discuss the 2005 Minimum Municipal Obligations, MMO, for the Police and General Employees’ Pension Plans.

Ms. Lapinto reported this is an annual requirement from the State to approve the MMO for each plan.   The General Employees’ Pension Plan requires a contribution of $51,061.   Prior to this year, the Police Pension Plan has not required any contributions.   However, beginning 2005, by law, the officers will have to start making contributions.   Previously, the contribution was 3.5%, but Ms. Lapinto doesn’t believe it will be that amount.   The Borough cannot tax the residents to come up with these funds.  

Mr. Herman inquired if the Pension Boards will meet on this issue.

Ms. Lapinto commented a meeting will be scheduled to set a percentage.   A motion is necessary to approve these MMO’s.

On a motion by Ms. Vavrek with a second by Mr. Crooks, approving the 2005 Minimum Municipal Obligation for the General Employees’ Pension Plan in the amount of $51,061 and the Police Pension Plan in the amount of $11,987, carried with a vote of seven yea.

President Wilshire asked Ms. Lapinto to update Council on the bid results for the reconstruction of Merle Road.

Ms. Lapinto reported everyone received a copy of the bid results.   There was only one bid submitted from Hager Paving.   The total bid for the reconstruction was $80,011.50.   The good news is there is more money available.   Therefore, the road will be done from Eighth Avenue to the University Inn, for a total amount of $89,848.50.   Ms. Lapinto noted the work will not begin until after Autumn Leaf Festival.   The Borough will contact all the businesses in this area to make him/her aware that he/she may not have access to their property for one or two days.

Mr. Stutzman stated people will be able to drive on it as it is being milled.   However, when the paving takes place, it will be closed to allow it to cool properly.

Ms. Lapinto commented it will be a definite improvement.   Ditz Place will also be done.

Mr. Crooks walks Merle Road quite often and wants to make sure the water will be directed to the outlets.

Ms. Lapinto assured him it will.   The road will be completed in one piece.

Mr. Crooks recommended the businesses in this area should be asked to tie in his/her downspouts to eliminate ice buildup.

Mr. Stutzman announced several businesses, such as Faller’s Furniture and Weaver’s Jewelers, have already done that.   The University Inn has not.

When the storm sewers were put in, Ms. Lapinto added the businesses were required to tie in.

On a motion by Mr. Crooks with a second by Ms. Vavrek, approving the reconstruction bid from Hager Paving to complete Merle Road from Eighth Avenue to Fourth Avenue and Ditz Place in the amount of $89,848.50, was carried with a vote of seven yea.

President Wilshire stated Council received a request from the YMCA of Clarion Autumn Leaf Festival 5K and asked if it’s a run or walk.

Ms. Lapinto stated it’s a run.   Council received a copy of the route because it is new.   Ms. Lapinto asked Chief Hall if the event is okay.

Chief Hall stated yes.

President Wilshire noticed the runners will be on the sidewalk.

Mr. German asked when the event is scheduled.

Ms. Moore commented the Saturday before the Autumn Leaf Festival Parade.

Ms. Lapinto pointed out there are not enough officers to cover all the locations.

Chief Hall reported that was the biggest concern with the request.   The YMCA wants assistance at 8 or 9 locations, and the Department will do the best they can.

Mayor Smathers voiced concern the participants will be on the sidewalk.

Mr. Herman agreed and prefers the event take place on the road.

Mr. Crooks asked if this is the first year for this event.

Ms. Lapinto stated yes.

Mayor Smathers commented the United Way event is scheduled this Saturday and wondered why the YMCA couldn’t just follow the same route.

Mr. Herman recommended the Borough sends this request back and asks the YMCA to follow the United Way route and run on the street.

Since there will not be another Council Meeting prior to the event, Ms. Lapinto suggested approving the request as long as the conditions are met.

On a motion by Mr. Herman with a second by Ms. Moore to approve the YMCA of Clarion Autumn Leaf Festival 5K Race, contingent upon the YMCA agreeing to move the race from the sidewalks to the roadway and that the YMCA follows the United Way 5K Race Route.   The motion carried with a vote of five yea with Mr. Zerfoss and Mr. German voting nay.

Mr. Zerfoss noted his no vote was because the Borough doesn’t need another race.   There are already enough in town.

Downtown Committee :   Ms. Moore stated sparking up the Downtown is a very frustrating situation.   Everyone seems to want to focus on parking and meters.   Both are a problem, but the bottom line seems to be money, which the Committee has a couple of leads.   Previously suggested solutions to parking are going to be revisited.   Until money is available, Ms. Moore thinks the Borough is stuck with the kind of parking in existence.   If anybody has any suggestions, Ms. Moore encouraged him/her to come forth.

Public Works :   Mr. Zerfoss stated the Public Works Report is in the packet for everyone’s review and asked Mr. Stutzman to comment about the storm sewer put in on Corbett Street.

Mr. Stutzman reported about 800’ of pipe was installed and 9 catch basins as a result of water run-off issues for several years.   Not only did the run off create ice problems, but was a problem for all the residents every time it rained.   Mr. Stutzman stated the Borough had some remaining grant funds but not enough to contract the project.   Therefore, the Public Works Department handled this project with the aid of local contractors.   It was a tremendous job.   Mr. Stutzman commented a lot of money was saved.   Hager Paving began the reconstruction of the ditch today, which is 75% completed.   Next year, the Department will use the remaining materials from this year’s project to continue up Penn Avenue to Frampton Street.   Mr. Stutzman informed everyone that area affects a large student housing building and will not be completed until the students are on break.   Mr. Stutzman commended the employees for their long hours and good work.

Mr. German verified the Borough doesn’t normally do this type of project.  

Mr. Stutzman commented the Department usually doesn’t tackle projects quite this big.

Ms. Lapinto reported $68,000 remained from a grant, which was not enough to bid it out.   After a lot of thought, the Borough decided to do it in-house.   The engineering work was already done, so the work just needed completed.   Ms. Lapinto commended all the employees on a great job and stressed it’s a definite improvement.

Mr. German asked for an estimate of money saved.

If the Borough would have had to bid it out, Mr. Stutzman estimated it would have been well over $100,000.

Ms. Lapinto added the Borough hasn’t reached $10,000.   Once all the figures are in, Council will received a final tally.   Also, the Overtime Report indicates the Public Works Department is up, but that will be reimbursed by the grant.

Like Ms. Lapinto and Mr. Stutzman already reported, Mr. Zerfoss stressed there was no way the entire project could have been done.   The Borough solved a lot of residents’ problems with water down in that area.

Mr. Lapinto stated the Borough will complete the restoration in that area.   On a related matter, Ms. Lapinto received a letter from the EADS Group about scheduling a meeting for September 9 th or 10 th to look at Heidrick Street again.

Mr. Zerfoss stated people will probably be raking leaves before the next Council Meeting and will wonder where to put them.   Since the lower area of the Park will be under construction, leaves can be dropped off at the marked spot by the pavilions at Paul A. Weaver Park beginning October 4, 2004.   The reason leaves cannot be taken earlier is it will interfere with Fall Ball.   Mr. Zerfoss stressed only bagged leaves can be dropped off.

President Wilshire informed everyone there is a deposit place behind the soccer field at the Clarion County Park that people can dispose of leaves and grass trimmings.

Public Safety :   At the Work Session, Mr. Herman reported the Committee met with the Bargaining Unit to get underway with police contract negotiations.   The Bargaining Unit has been patient with the Committee, who is trying to get some material and figures together.   That is currently where everything is right now.   Mr. Herman stressed both the Bargaining Unit and Committee have pledged to try to work in good faith to come to a fair agreement.

Housing and Zoning :   Ms. Vavrek stated there was a public hearing prior to the Council Meeting on a request by Mr. Curt Wray for the abandonment of Whitehill Place.   Mr. Wray is asking for the vacation of an unopened alley (Whitehill Place) a width of 16’ from Corbett Street 300’ north to an alley and the vacation of same unnamed, unopened alley 316’ from Wilson Avenue to Grand Avenue.   Ms. Vavrek noted this is kind of an extension of what Brian Acey had vacated a couple months ago.   Ms. Vavrek asked for any comments or questions.

Hearing none, Ms. Vavrek made a motion to grant the vacation of Whitehill Place a width of 16’ from Corbett Street 300’ north to an alley and the vacation of same unnamed, unopened alley 316’ from Wilson Avenue to Grand Avenue.

Ms. Moore seconded the motion.

Ms. Vavrek amended the motion to include Mr. Wray has to pay all the costs involved with this vacation.

Ms. Moore seconded the amendment.

In the Housing and Zoning Report, Ms. Vavrek brought everyone’s attention to the recent Zoning Hearing Board that was held where the Board gave permission to Dick Clark to operate the Amato Warehouse as an electrical supply storage building.   However, the Board’s approval was conditioned to Council granting Mr. Clark a simple sub-division request, which will probably be at the October Meeting.

Mr. Ragon stated all the paperwork for the sub-division has been turned in except for the fee.   If received in time, the public hearing will be scheduled for October.

On a request by Mr. Herman, the motion to approve the vacation of Whitehill Place was carried after the following roll call vote: Mr. Zerfoss, yes; Mr. Herman, no; Mr. Crooks, yes; Ms. Vavrek, yes; Ms. Moore, yes; Mr. German: no; and President Wilshire, yes.

Mr. Herman explained his no vote is based in keeping with is no vote on the Acey property.   Council is giving away property that the Borough could receive some enumeration for.   Also, as stated at the Work Session, Mr. Herman knows at least one structure jutting out into the 16’ area.   Mr. Herman feels it would be better to proceed with some kind of survey but realizes the residents are responsible for this issue.

On a motion by Ms. Vavrek with a second by Mr. Crooks to give permission to request RFP’s for third-party inspection agencies.

President Wilshire asked for any discussion.

Mr. German asked how many the Committee will bring back to Council.

Ms. Vavrek stated the Committee had a list of about 9 but 5 will probably be brought to Council.   The agency will be asked to do an interview.

President Wilshire verified the agency will not be an employee for the Borough.

Ms. Vavrek confirmed that was correct.

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

Recreation : Mr. German reported everyone received a copy of the bid results for the Paul A. Weaver Park project and asked Ms. Lapinto to explain more or answer any questions.

Ms. Lapinto stated the project was bid two ways; one was a base bid and the second was the paving.   The low bidder was Fred L. Burns, Inc. with a base bid of $146,800 and the second part to deduct $14,000.   However, since the Borough saved money on the storm sewer, the entire project can be completed.   Ms. Lapinto asked Mr. Stutzman to discuss the additional paving.

Mr. Stutzman stated it’s hard to explain without showing everyone, but it would extend the original parking lot to add more spaces.

Mr. Herman commented this is definitely needed.

Mr. Rodney Sherman, Clarion News , verified the $146,800 bid includes the $14,000.

Ms. Lapinto stated yes.

Mr. Crooks asked what will be done at the Park.

Ms. Lapinto reported a new restroom will be constructed at the lower field and a lot of paving will be done.

Mr. German stressed both projects are needed and will enhance the Park tremendously.

Mr. Crooks asked if this project will be completed using grant money.

Ms. Lapinto stated yes.

Mr. German inquired when the project will begin.

Ms. Lapinto will contact Stephen Parks and Associates tomorrow and hopes it will begin by the end of the month.   Everything is based on approval by the engineer of all the bid bonds.

On a motion by Mr. German with a second by Mr. Herman to approve the low bid of $146,800 from Fred L. Burns, Inc., to complete the CDBG Project involving a restroom and paving project at Paul A. Weaver Community Park.   The motion carried with a vote of seven yea.

President Wilshire called an Executive Session to discuss personnel concerning possible disciplinary action in the Police Department, leaving at 7:40 p.m. including Chief Hall and Solicitor Marshall.

President Wilshire called the meeting back to order at 8:50 p.m. and stated no action was taken.   At this time, President Wilshire reopened the Public Safety Committee.

On a motion by Mr. Herman with a second by Ms. Moore to suspend Officer Richard Foust for three days beginning with September 5 th for failing to report to duty on his shift scheduled on August 22, 2004.   The motion carried after the following roll call vote: Mr. Zerfoss, abstained; Mr. Herman, yes; Mr. Crooks, yes; Ms. Vavrek, yes; Ms. Moore, yes; Mr. German, yes; and President Wilshire, yes.

On a motion by Mr. Herman with a second by Ms. Vavrek to suspend Officer Richard Foust for one day for failing to respond to an emergency 9-1-1 call on August 11, 2004.   The motion carried after the following roll call vote: Mr. Zerfoss, abstained; Mr. Herman, yes; Mr. Crooks, yes; Ms. Vavrek, yes; Ms. Moore, yes; Mr. German, no; and President Wilshire, no.

On a motion by Mr. Herman with a second by Ms. Moore to suspend Officer Shawn Zerfoss for three days for failing to respond to an emergency 9-1-1 call on August 11, 2004.   The motion carried after the following roll call vote: Mr. Zerfoss, abstained; Mr. Herman, yes; Mr. Crooks, yes; Ms. Vavrek, yes; Ms. Moore, yes; Mr. German, yes; and President Wilshire, yes.

Before moving on, Solicitor Marshall commented his understanding was that the motions on all three would additionally include the recommendation that the suspensions would run in accordance with Chief Hall’s scheduling requirements and he would notify Council of the dates so that any notices that need to go out would include those dates.

Mr. Herman agreed and added in the correct timely fashion according to the Contract and asked Solicitor Marshall if that needs to be made as a motion.

Solicitor Marshall stated yes.

On a motion by Mr. Herman with a second by Ms. Moore that all three motions additionally include the recommendation that the suspensions would run in accordance with Chief Hall’s scheduling requirements and Chief Hall would notify Council of the dates so that any notices that need to go out could include those dates along with it being done in a timely fashion according to the Contract and the Borough Code.   The motion carried after the following roll call vote: Mr. Zerfoss, abstained; Mr. Herman, yes; Mr. Crooks, yes; Ms. Vavrek, yes; Ms. Moore, yes; Mr. German, yes; and President Wilshire, yes.

Mayor’s Report :   Mayor Smathers thanked Council for supporting his decision.   It’s always difficult to suspend an officer.   He/she is putting his/her life on the line for everyone every day.   Mayor Smathers appreciates what police officers do and noted it is a tough decision but Council and the Mayor have spoken.

Mayor Smathers reminded everyone that Military Appreciation Day is tomorrow morning and encourages all citizens to participate.   The event will be held at the University Stadium and registration begins at 8:30 a.m.

Manager’s Report :   Ms. Lapinto received a check for $3,800 from the bonding company for the real estate taxes owed by Tax Collector Rose Clark.   On page 3 of the Budget Analysis Report, Council can see the amount was appropriately divided between all the different funds (fire equipment, library, street lighting, and recreation).  

Ms. Lapinto reported next month is budget time already.   Hopefully, Council will have a proposed budget by November.   Meetings will be held with the appropriate departments.

Old Business : There was none.

New Business :   There was none.

Correspondence : Ms. LaVan read a letter from M. W. Scotty Brazier, 60 West Wood Street, thanking Clarion Borough Councilmembers, in particular Mr. Zerfoss and his Foreman Brad, for the completion of the paving of Church Road behind their house on West Wood Street.  

Ms. LaVan read a letter from Linda Rea, 180 South Seventh Avenue, with suggestions for Seventh Avenue between Greenville Avenue and Fifth Avenue, which follow: 1) make Seventh Avenue one way from Greenville Avenue to Fifth Avenue; 2) eliminate ‘on street’ parking; and, 3) have the owners of the ‘old Hess’ house at the corner of Seventh Avenue and South Street fix the step that almost extends over the curb (South Street side).  

President Wilshire asked the Public Works and Public Safety Committees to review this request.

On a motion by Mr. Zerfoss with a second by Mr. Herman, the Council Meeting was adjourned at 9:00 p.m.

              ______________________________

              Carol Lapinto

              Borough Secretary