Monthly Index

January 4, 2005, Council Meeting

Citizen Comments:               None

Administration:               Monthly Reports; Adopted

                     Ordinance #2004-728, Amending

                     the Police Pension Plan; Adopted

                     Ordinance #2004-730, the

                     Occupation Privilege Ordinance

Downtown Committee:            Address Don Montgomery’s

                     Concern on Parking

Public Works:                  Monthly Report

Public Safety:                  Adopted Ordinance #2005-731,

                     Adding Stop Signs on Wood Street

                     at Sixth Avenue and Sixth Avenue

                     and South Street; Discussed Second

                     Avenue Request; Permission to

                     Advertise Two Police Cars for Sale;

                     Update on Hiring of Police Officer;

                     Police Contract Status

Housing and Zoning:               Approved UCC Appeals Board

Recreation:                  None

Housing and Zoning:               Third-Party Inspection Agency

                     Packets

Mayor’s Report:               House Numbering Required;

                     Reminded Citizens to Keep Side-

                     walks Cleaned

Manager’s Report:               Request Councilmembers and

                     Mayor to Rate Possible Four

                     Projects for CDBG Project;

                     Chester Engineers Asked Council

                     to Change Individual’s Address

Old Business:                  None

New Business:                  None

Correspondence:               None

The regular scheduled meeting of the Clarion Borough Council was held on January 4, 2005, 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. Moore, Mr. German, and President Wilshire.  Ms. Vavrek was absent.  Mr. Ragon, Mr. Stutzman, Ms. Lapinto, Mayor Smathers, and Chief Hall were also present.

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

The minutes of the November 29, 2004, Work Session, were approved on a motion by Mr. Herman with a second by Mr. German.  The motion carried with a vote of six yea.

The minutes of the December 7, 2004, Council Meeting, were approved on a motion by Mr. Herman with a second by Mr. German.  The motion carried with a vote of six yea.

The minutes of the December 20, 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 six yea.

Citizen Comments:  There were none.

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

On a motion by Mr. Herman with a second by Mr. Crooks to approve the appropriations for the month of January in the amount of $29,690.60.

On page 7, Mr. German questioned what the breakdown is for Reed Smith.

Ms. Lapinto commented the cost is for the Borough’s labor attorney for the grievances and also for conversations with Attorney Lasky on the contract negotiations.  Since Attorney Lasky also represents the Civil Service Commission, there will probably be another bill in the Appropriations next month.

Mr. Zerfoss questioned if Ms. Lapinto knows the amount charged for the grievance work and the portion for negotiations.

Ms. Lapinto commented not off-hand but it can be given to Council.

Mr. Zerfoss explained the reason he asked is the contract expired as of December 31, 2004.  Not being a member of the negotiating committee, Mr. Zerfoss isn’t sure when discussions began and wondered what kind of work Attorney Lasky was performing with regards to negotiations.  Attorney Lasky shouldn’t be the one to determine the specifics of the contract.  Mr. Zerfoss stressed that should be the Committee.

Ms. Lapinto reported Attorney Lasky is not negotiating the contract, but is the Borough’s attorney who answers any legal questions that may arise.

Mr. Herman added the Committee needed language interpretations as far as a response to what the initial offer was going to be.

If it goes to arbitration, Ms. Lapinto informed everyone Attorney Lasky will be a very important part of that procedure.  All offers will be off the table, and everything will be back to square one.  In 1993, the contract went into arbitration, and it cost $16,000 to negotiate a contract.

Mr. German asked if that’s what it cost the taxpayers to go to arbitration.

Ms. Lapinto stated yes.

Mr. German inquired where the Borough is at right now.

Mr. Herman prefers to cover this issue under Public Safety.

After discussion, the motion carried with a vote of five 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 and asked Ms. Lapinto for any comments.

Ms. Lapinto reported Council will receive an actual year-end balance next month, because the bills approved tonight are actually for December.  Right now, everything is on target.

President Wilshire stated Council needs to adopt an ordinance amending the Police Pension Plan and inquired if that covers the contributions.

Ms. Lapinto stated no.  This updates the ordinance to comply with the changes in Act 600 in reference to killed in the line of duty.

On a motion by Mr. Herman with a second by Mr. Crooks, adopting Ordinance #2004-728, an Ordinance amending the Police Pension Plan, was carried with a vote of six yea.

President Wilshire commented Council needs to approve Ordinance 2004-730, the Occupation Privilege Tax Ordinance.

Ms. Lapinto stated this is the final piece of paperwork.  Once approved, it will be forwarded to DCED. 

On a motion by Mr. Herman with a second by Ms. Moore to approve Ordinance #2004-730, the Occupation Privilege Tax Ordinance.  The motion was carried with a vote of five yea with Mr. German voting nay.

Downtown Committee:  Due to the holidays, Ms. Moore informed everyone the Committee didn’t have a chance to address Don Montgomery’s concern on the parking meters on Main Street.  Before a decision is made, Ms. Moore will meet with him to discuss the issue.

President Wilshire asked when the parking meters are enforced.

Ms. Moore commented 9 a.m. until 5 p.m.

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

Public Safety:  On a motion by Mr. Herman with a second by Mr. Zerfoss to adopt Ordinance #2005-731, an Ordinance amending Chapter 205 of Clarion Borough’s Code of Ordinances titled “Vehicles and Traffic” to add a stop sign on Wood Street at Sixth Avenue and stop signs on both the north and south intersections of Sixth Avenue and South Street.

President Wilshire asked for any discussion.

Mr. German asked Chief Hall if he’s satisfied with the placement of these signs.

Chief Hall stated yes.

Mr. German inquired if any comments, positive or negative, were received.

Mr. Zerfoss received nothing but positive comments from the residents in that area.

Mayor Smathers asked the status of the request for a stop sign on Second Avenue.

Since Second Avenue is a state road, Mr. Herman reported Ms. Lapinto has made preliminary inquires to Penn Dot.  That will not be as simple.

Mr. German questioned if the Committee sees a problem with this request.

Mr. Herman stressed it could be a lengthy process.  Prior to the meeting, Mr. Herman and Mr. Stutzman discussed this and have a couple ideas to discuss with Ms. Lapinto.

Mayor Smathers asked who plows, paves, and maintains Second Avenue.

Ms. Lapinto stated the Borough.  Second Avenue is a turn-back road, meaning Penn Dot spent money to get it up to standards and then pays the Borough $825 per year to maintain it.

Mayor Smathers thinks it needs to be turned over to the Borough.

Ms. Lapinto commented President Wilshire, Mr. Zerfoss, Ms. Vavrek, and she attended a different meeting at the University involving Penn Dot in reference to sidewalks.  This issue was brought to Penn Dot’s attention at that time.

Mr. Zerfoss added the Penn Dot representatives were receptive and feels if Council sits down with Penn Dot, a stop sign could be placed on Second Avenue.

Ms. Moore had an opportunity to sit and watch the traffic on Second Avenue from 8 a.m. until Noon from the dentist office.  If a stop sign is placed at Wood Street as you come down Second Avenue, it would help.  West Wood Street is really parked full and makes it difficult for people to see.

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

Mr. Herman announced the Borough will receive the new police vehicle tomorrow.  It will be equipped shortly.  Because of that, the Committee would like to advertise for sale the 1995 Chevy Caprice and the 2000 Ford Crown Victoria.

On a motion by Mr. Herman with a second by Mr. Crooks to give Ms. Lapinto permission to advertise the 1995 Chevy Caprice and 2000 Ford Crown Victoria police vehicles for bid.

President Wilshire asked for any discussion.

Mr. Zerfoss noted the officers used the three marked vehicles and the Chief used the unmarked.  If that unmarked vehicle is sold, Mr. Zerfoss asked where that leaves the Chief.

Mr. Herman announced the Chief will use the new car during the day; and then, if necessary, the officers can use it at night.

Mr. German verified the Department has four vehicles.

Mr. Herman reported no.  The Committee feels three cars would be sufficient and would be better than maintaining four.

If Chief Hall uses his personal vehicle, Mayor Smathers asked if he would get compensated.

Ms. Lapinto commented yes.

Mayor Smathers inquired what kind of car was purchased.

Mr. Herman stated a Chevy Impala, which is what Chief Hall recommended.

Mr. German thought the budget allowed for the purchase of another vehicle and inquired if there would be a fourth car by next year.

Mr. Herman stated no.  If the need arises by the end of the year to replace one of the current vehicles, then the money is there.  It will be a replacement. 

As far as selling the cars, Mr. German asked if this is the appropriate way to do it.

Mr. Herman commented the Chief and he had another idea, but Ms. Lapinto researched it and it’s very specific in the Borough Code how you must do it.

President Wilshire inquired if a person has to bid on one or both cars.

Mr. Herman reported he/she could bid on one or two.

Mr. German asked if there is a cap.

President Wilshire announced Council has to vote to accept the bid.  If Council feels the bid is too low, it can be rejected.

Also, even though the car is included in the budget, Ms. Lapinto pointed out Council must approve to purchase a vehicle.

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

Mr. Herman updated Council on the police officer position.  Hopefully, if everything goes well, the Civil Service Commission will be reporting to the Committee.  Due to some complex issues, the Commission had to handle some matters before this could be done.  Mr. Herman is satisfied with how quickly the process has been going and expects the Committee will be able to move on hiring soon.

Mr. Herman reported the Committee has met with the Bargaining Unit on two occasions to discuss the police contract.  There is an offer on the table.  Mr. Herman remains positive both sides will continue to meet and exchange ideas.  Due to the nature, Mr. Herman prefers not to go into details at the meeting.  If anyone has any questions, he/she should contact him.

Housing and Zoning:  Mr. Crooks, in the absence of Ms. Vavrek, stated a list of prospective Uniformed Construction Code Appeal Boardmembers was put together, which is in the packet, and asked Mr. Ragon to explain the purpose of the Board.

Mr. Ragon commented the need for this Board would come out of an appeal by a contractor or homeowner on a decision made by the Borough’s inspector or by himself, as the building code official, that the Borough was erroneous in what is required or what the Borough interpreted the actual building codes as to construction principles.  This Board is not anticipated to meet on a regular basis.  The codes are pretty clear as to what is required.  Mr. Ragon stated the Board is in the position to allow alternate standards if a contractor or homeowner can prove the way he/she wishes to do things is equal to or better than what the Code specifies.

Mr. Crook reminded everyone the ordinance specifically stated a board would be compiled.  The public and contractors are supposed to be made aware there is a process in which Mr. Ragon’s decision can be appealed.  The Committee found some really qualified, knowledgeable individuals.  Mr. Crooks proposes the following five people be Boardmembers on the UCC Appeals Board: William McMillen, general contracting; Daniel Luton, plumbing and air conditioning; Richard Clark, electrician; Jonathan Lewis, general contracting; and, Daryl Rhea, construction and construction materials.  Also, Council should approve the following three individuals as substitutes or alternates: Wayne Martz, general contracting; Howard Rhoads, general contracting; and John Burford, general contracting.  All of these individuals have agreed to volunteer for this position.

Mr. Ragon prefers to get one more alternate, preferably an engineer.  Council would have to approve any additions to the Board in the future.

Mr. German inquired how many of these people live in the Borough.

Mr. Ragon stated two.

Mr. Zerfoss commented all the other Borough boards or committees are composed of Borough residents and questioned why people from surrounding municipalities are making decisions for the residents in Clarion Borough.

Mr. Crooks pointed out the Committee wants the most qualified people possible to sit on this Board.  These contractors are all well known and have excellent reputations.  Just because the person doesn’t live in the Borough shouldn’t rule him/her out.  If Councilmembers doesn’t like these people, then he/she should try to find someone who lives in the Borough and has qualifications.

Mayor Smathers asked who decides if the Boardmember has to be a Borough resident or not.

Mr. Crooks reported the Committee had hoped the County would put an Appeals Board together that all the municipalities could use.  However, the County did not, and the ordinance specified a group would be formed.

Although not all of these individuals live in the Borough, Mayor Smathers stated most of them own property and pay taxes to the Borough.

Ms. Moore asked if anyone was rejected.

Mr. Ragon stated no.  If someone resides in the Borough and was overlooked, Mr. Ragon apologized.  Approximately 16-17 letters were mailed seeking volunteers for this Board.  These are the only ones that responded.  Originally, the State wanted the Boardmembers to be certified.  However, in smaller municipalities that is not feasible, so the State decided not to do that.

Mr. German asked what happens if a Boardmember has a conflict of interest.

Mr. Ragon stated the Boardmember is expected to recuse him/herself.  The Board, itself, will govern that.

Ms. Lapinto stressed the Board may never meet.

Mr. Ragon feels the only time an appeal would come up would be a case where the person wishes to use an alternate method that is not approved by the State.

Mayor Smathers recommends the Board meet to organize and select officers.  The Borough should be willing to provide a meeting place and secretarial assistance, if needed.

Mr. Zerfoss directed this question to the President in reference to whether a member should reside outside the Borough.

President Wilshire stated the difference is professional review as opposed to common review.

On a motion by Mr. Crooks with a second by Mr. Herman, approving the following individuals for the Uniformed Construction Code Appeals Board: William McMillen, general contracting; Daniel Luton, plumbing and HVAC; Richard Clark, electrician; Jonathan Lewis, general contracting; and Daryl Rhea, construction and construction materials and also the following three individuals as alternates, if the case arises: G. Wayne Martz, general contracting; Howard Rhoads, general contracting, and John Burford, general contracting, was carried with a vote of six yea.

Recreation:  Mr. German had nothing to report.

Back to Housing and Zoning, Mr. Ragon pointed out everyone received packets on the third-party inspection agencies.  The Committee will meet next week to review the proposals. Before the Committee selects a firm, Mr. Ragon would like to invite a representative from each firm to attend the Work Session to discuss their proposal with Council and answer any questions anyone may have.

President Wilshire asked why Council has to review all of them and questioned if the Housing and Zoning Committee could recommend one to Council.

Mr. Ragon prefers all Councilmembers have a chance to hear each proposal, and then the Committee could make a decision.

President Wilshire asked the Committee to review all of the proposals and make a recommendation at the January 24, 2005, Work Session.

Mayor’s Report:  Mayor Smathers reminded residents house numbers are required to be on his/her house and asked Chief Hall if the Police Department will enforce it.

While enforcing the Snow Removal Ordinance, Chief Hall stated the officers noticed there are still some houses without numbers.  As a reminder, residents must put the numbers on his/her house to assist emergency personnel when locating his/her house.  Anyone who would like information on the specifications can contact the Police Department.

Mr. German inquired what the fine is for the residents who do not have numbers up.

Chief Hall commented Mr. Ragon and he are looking into that right now.  In other communities, the fine is as much as $300 a day.  The important thing to remember is the numbers assist emergency personnel in finding the resident’s house quickly.

Mayor Smathers reminded citizens the ordinance is in effect and citations have been issued.  Residents must keep his/her sidewalks shoveled and clear and keep the snow out of the roadway.

Manager’s Report:  Ms. Lapinto stated she’s spent the biggest part of the month completing year-end reports and preparing for the audit.

Ms. Lapinto commented it’s time to decide what to do for the CDBG grant and seeks Council’s opinion.  Last year, the Borough received $146,000.  The figure has not been released yet, but Ms. Lapinto understands the Borough should anticipate a 4-5% decrease.  Ms. Lapinto and Mr. Stutzman have come up with four different possible projects, which are as follows: 1) storm sewer project on South Sixth Avenue down to Elss Street; 2) updating the recreation/playground equipment at Paul A. Weaver Park and installing new playground equipment at the lower field; 3) complete resurfacing of Madison Road; or, 4) replacing the roof on the fire hall and point the bricks.  Ms. Lapinto asked all Councilmembers and the Mayor to rank the projects in order 1-4 so she knows which project to submit.  All the projects are good and will qualify.

Old Business:  There was none.

New Business:  There was none.

Correspondence:  There was none.

On a motion by Mr. Zerfoss with a second by Mr. Herman, the Council Meeting was adjourned at 8:10 p.m.

                     ______________________________

                     Carol Lapinto

                     Borough Secretary