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October 4 , 2005 Regular Council MeetingClarion Borough Council |
Minute Index October 4, 2005, Council Meeting
Citizen Comments: Ralph Leary In Re Zoning Decision; Tom Leavy In Re R-1 District; Joan Leavy In Re R-1 Definition; Meeting to be Scheduled to Discuss Situation
Administration: Monthly Reports; Work Session Scheduled; Approved League of Women Voters’ Banner Request; Accepted Carol Lapinto’s Resignation from Emergency Management Coordinator; Appointed Elaine Moore as Emergency Management Coordinator; Accepted Mary Lou Delaney’s Retirement Effective February 3, 2006; Executive Session to be Held at End of Meeting
Downtown Committee: Adopted Parking Meter Ordinance; Parking Meter Token Format
Public Works: Monthly Report; Leaf and Brush Drop Off; Public Works Symposium Update at Work Session
Public Safety: Drug Task Force Ordinance Adopted; Commended Officers on Good Job on Cases; Trick-or-Treat Hours Set
Housing and Zoning: Monthly Report; Adopted Ordinance to Change Zoning Map
Recreation: Meeting with YMCA Discussion; Future Plans at Park
Mayor’s Report: None
Manager’s Report: Discussed Energy Conference; Budget Concerns with Library Fund; Reminder of Community Relations Breakfast; One Book One Community Dinner; Saved Money by Local Financing; State Funding for Library
Old Business: None
New Business: None
Correspondence: Letter from Susan Hilton, Chairperson, Department of Communications, Clarion University; Letter from Robinwood Drive Residents; Letter from Joanne Long In Re to Safety Issues at Ninth Avenue and Main Street; Thank You Note from the Family of Patrick Winslow Ryan
Executive Session: Personnel In Reference Police Personnel; No Action Taken
The regular scheduled meeting of the Clarion Borough Council was held on October 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. Vavrek, Ms. Moore, Mr. German, and President Wilshire. Ms. Lapinto, Chief Hall, Mr. Ragon, Mr. Stutzman, and Mayor Smathers were also present. Solicitor Marshall was absent.
President Wilshire asked everyone to stand and recite the Pledge of Allegiance.
The minutes of the September 6, 2005, Public Hearing, were approved on a motion by Mr. German with a second by Mr. Crooks. The motion carried with a vote of seven yea.
The minutes of the September 6, 2005, 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: Mr. Ralph Leary, 129 South Eighth Avenue, voiced concern with Council’s recent zoning decision last month and feels it will have a chilling affect on the Borough and family homeowners in the Borough.
Mr. Tom Leavy, 128 Eighth Avenue, commented it seems Council approved R-2 residence in an R-1 neighborhood. In the R-1 District no more than 2 unrelated people can be in a dwelling but then allow someone to purchase a home, live there, and have 2 more people in there. Mr. Leavy doesn’t understand what single person means in the Ordinance and thought it was one person. However, further in the document, it states person may be persons. A3 stated a single person owning and occupying, which Mr. Leavy feels was intended for a widow who may need additional revenue. If not enforced, multiple numbers of people could move into a place and have 2 additional individuals. R-1 doesn’t seem to have meaning anymore. Mr. Leavy questioned what the terms common household and living together mean. Whenever there’s a problem, residents are told it’s Mr. Ragon’s job. Mr. Leavy doesn’t think it’s humanly possible to enforce the Ordinance the way it’s written and feels more problems will continue unless it is corrected.
Ms. Joan Leavy, 128 Eighth Avenue, believes there is a typographical error in the one R-1 definition where it states you can have 2 boarders, 2 lodgers, and 2 roomers. The word and should be or. If it’s left to read that way, someone could possibly put up to 6 people in a house in an R-1 District. Ms. Leavy thinks some work needs done and questions need answered. The Ordinance states if there’s a decision between a certain decision made and another one the Borough should take the more stringent choice. No more than 2 unrelated people in an R-1 neighborhood should mean only 2. Often times, Mr. Ragon gets a lot of blame, which sometimes is warranted, but the Ordinance is almost impossible to figure out. Ms. Leavy stated the residents would appreciate any help Council can give and knows everyone wants the best for Clarion.
President Wilshire informed everyone he had previously asked Ms. Vavrek, the Chair of the Housing and Zoning Committee, to schedule a meeting with the residents.
Ms. Vavrek stated a meeting will be set up after Autumn Leaf week to discuss this situation and hopefully come to a solution. Solicitor Marshall is going to give Council a written interpretation of that particular section of the Ordinance. This is occurring in other R-1 areas; however, it has never been an issue to this extent.
If Council needs to revisit the Zoning Ordinance, President Wilshire added that will be done.
Ms. Vavrek agreed. Even if the Ordinance is changed, the residents have to understand that the people who have moved into the areas now would be grandfathered. Council could not change that situation, because he/she is abiding by the Ordinance as it is now written.
Mr. Zerfoss verified the individuals are legally in the dwelling.
President Wilshire asked Mr. Ragon if there are only two people living in the structure at this time.
Mr. Ragon commented yes.
President Wilshire informed everyone the Proud situation, which he voted against, was not located in an R-1 area but in commercial. Mr. Proud was in violation, but it wasn’t changing an R-1 in the commercial in terms of what could be put in there. Across the street from this dwelling, the zoning is R-2. President Wilshire thanked everyone for coming and stressed Council does take this seriously. If the Committee wants to invite the Solicitor to the meeting, President Wilshire wouldn’t object.
Administration: President Wilshire presented the appropriations for the month of October.
On a motion by Mr. Herman with a second by Ms. Vavrek to approve the appropriations in the amount of $240,462.19.
Ms. Lapinto reported the police and general employees’ pension amount for the MMO’s are reversed. This has been corrected, but the report was not reprinted for Council. Also, the appropriations include the foreign fire relief and parking meter payments, which is why the figure is so high this month.
The motion 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 and asked Ms. Lapinto for any comments.
Ms. Lapinto will discuss it under her report.
President Wilshire announced a Work Session is scheduled for October 24, 2005, at 5:00 p.m. at the Clarion Borough Offices.
On a motion by Mr. German with a second by Mr. Herman, approving the League of Women Voters of Clarion County’s banner request to hang “Remember to Vote on Tuesday” banners from November 2, 2005, to November 9, 2005, was carried with a vote of seven yea.
On a motion by Ms. Vavrek with a second by Mr. Herman, accepting Carol Lapinto’s resignation as Emergency Management Coordinator, was carried with a vote of seven yea.
At an Administration Meeting, President Wilshire stated Ms. Moore volunteered to accept this position as the Borough’s Emergency Management Coordinator. Ms. Moore has shown quite an interest in this over the years.
Mr. German inquired if this person has to be on Council.
President Wilshire stated no.
On a motion by Mr. Herman with a second by Ms. Vavrek to appoint Elaine Moore as Clarion Borough’s Emergency Management Coordinator. The motion carried with a vote of seven yea.
President Wilshire received a letter from Ms. Mary Lou Delaney notifying Council of her retirement. Ms. Delaney is able to retire with full pension benefits on January 1, 2006, and plans to officially retire on February 3, 2006.
Mr. Herman thanked Ms. Delaney for her years of service and a job well done.
On a motion by Mr. Herman with a second by Mr. German to accept Ms. Mary Lou Delaney’s retirement from Police Secretary.
President Wilshire asked for any discussion.
Mr. German questioned what Council will do about Ms. Delaney’s position and the process.
President Wilshire prefers to hold the position open for a short while for review.
The motion was carried with a vote of six yea with Mr. Zerfoss voting nay.
President Wilshire will be calling an Executive Session at the end of the meeting, concerning police personnel, and doesn’t anticipate any action.
Downtown Committee: Ms. Moore stated the long-awaited Parking Meter Ordinance has been advertised and made a motion to adopt Ordinance #2005-735, an Ordinance to amend Chapter 205 of Clarion Borough’s Code of Ordinances titled “Vehicle and Traffic”.
Mr. Zerfoss made a second and thanked Ms. Moore for the job she’s done. In the past, there have been committees who tried to handle this issue but were unable to come up with a solution. Mr. Zerfoss feels there are two things that make up a strong town: 1) a good Downtown area and 2) a good R-1 District to keep the town alive to raise children.
The motion carried with a vote of seven yea.
Ms. Moore stated the Committee discussed the parking meter tokens and feels this was a way to promote shopping in Downtown Clarion. Parking meter tokens are available to retail merchants at a discounted price of 20 cents per token. The format for distributing these tokens to shoppers is going to be the decision of the retailers. Since this was one of the ideas brought up by the merchants, Ms. Moore feels he/she will be the ones that will use the tokens.
Public Works: Mr. Zerfoss stated the Public Works Report is in the packet for everyone’s review.
Mr. Zerfoss reported the Department is busy with ALF work and getting the equipment ready for winter.
Mr. Zerfoss asked Mr. Stutzman to highlight the leaf and brush drop-off.
Mr. Stutzman informed everyone the location is at the Public Works Building, and it is marked with cement barriers. Residents may drop the items off. Positive feedback has been received about leaf collection without requiring bags. It seems to be working well, and the citizens are using it every day.
Mr. Zerfoss commented Mr. Stutzman and Mr. Larson will be at the next Work Session to discuss the Public Works Symposium they attended last month.
Public Safety: Mr. Herman reported the Ordinance amending the Drug Task Force from being run by the Attorney General’s Office to the District Attorney’s Office was advertised.
On a motion by Mr. Herman with a second by Ms. Vavrek, adopting Ordinance #2005-734, an Ordinance to amend Chapter 12 of Clarion Borough’s Code of Ordinances titled “Drug Task Force”, was carried with a vote of seven yea.
Mr. Herman understands the Mayor and Chief made remarks at the Work Session on the job the officers have completed over the past several months with incidents and asked Chief Hall for additional comments.
Chief Hall commended the officers on the good job they have been doing working together and solving several crimes that came up that were at a different level than Clarion’s seen in the past.
Mr. Herman, on behalf of Councilmembers and the Mayor, again congratulated and thanked the Department on a job well done.
Mr. Herman announced trick-or-treat hours for the Borough as 6-8 p.m. on October 31, 2005. The parade starts at 5:30 p.m.
Housing and Zoning: Ms. Vavrek commented the Housing and Zoning Report is in the packet for everyone’s review.
On a motion by Ms. Vavrek with a second by Mr. German to adopt Ordinance #2005-736, an Ordinance amending the zoning map of the Borough of Clarion to change a part of I-1, Industrial District, to an R-1, Single-Family Residential District. The motion was carried with a vote of seven yea.
Recreation: Mr. German reported the Committee had a meeting with the YMCA to wrap up the season. It was very informative for both parties. Mr. German feels it’s heading in the right direction, and the YMCA is going to get back to the Borough after the first of the year. Next year, everyone should notice improvements.
Mr. German commented next month the Committee will be looking at future plans of what can and cannot be done at Paul A. Weaver Community Park.
Mr. Herman recalled the YMCA is going to put some ideas in writing for the Committee to review prior to next season.
Mr. German agreed and hopes next year the communication process will be better.
Mayor’s Report: Mayor Smathers had nothing to report.
Manager’s Report: Ms. Lapinto reported Mr. Stutzman and she attended an Energy Conference last week put on by DEP, which was very informative. Mr. Stutzman has been named the energy coordinator and will meet with a gentleman to see ways the Borough can save energy in the Borough buildings, including the fire hall and library. Energy costs are going to increase.
Ms. Lapinto started working on the budget, beginning with the small funds. It looks as though the library is going to be short about $2,000. Ms. Lapinto thinks the reason is more residents are letting his/her taxes go to the delinquent stage, which is a great concern. Delaying payment of taxes affects not only Clarion Borough’s General Fund but Library Fund also. To the library, $2,000 is a great deal. Ms. Lapinto commented the budget would be more in detail later this month.
Ms. Lapinto reminded everyone the Community Relations Breakfast is October 13, 2005, at 7:30 a.m. Dr. Joseph Grunenwald will be reporting on the ‘State of the University’.
Ms. Lapinto stated One Book One Community will have a dinner meeting with the author of the book that is being read now, Warrior Woman. It will be held November 16, 2005, at 6:00 p.m. More information will be provided at a later date.
As reported in the Clarion News, Ms. Lapinto saved approximately $5,500 by financing locally for the parking meters.
Ms. Vavrek commented a number of years ago the State cut the library funding by 50%.
Old Business: There was none.
New Business: There was none.
Correspondence: Ms. LaVan read a letter from Ms. Susan M. Hilton, Chairperson of the Department of Communication at Clarion University, thanking Ms. Lapinto and Clarion Borough Councilmembers for the efforts everyone made on behalf of the students and faculty of WCUB-TV, formerly known as Clarion University’s TV-5. The University received reparation that will allow the Department to re-label the station to WCUB-TV, and the students have already started to develop a new logo and other identification materials.
Ms. LaVan read a letter from several residents of Robinwood Drive requesting a street light in front of their homes. Most of them have been pelted with eggs, tomatoes, butter, apples, and onions several times a week and believe it is because the area is not well lit. The police have been notified, but the residents realize they have more important things to do. The residents appreciate Council’s consideration.
Ms. LaVan read a letter from Ms. Joanne Long in reference to safety issue at Ninth Avenue and Main Street. College students cross at that intersection against the red light/no walking signal. Ms. Long has both experienced this situation and witnessed it happening in front of a semi-truck, which everyone knows cannot stop on a dime. Ms. Long voiced concern for the safety of the students and for the driver if someone is struck and asked Council to come up with a solution before an accident occurs.
Ms. LaVan read a thank you note from the family of Patrick Winslow Ryan for the Police Department’s hard work, professionalism and many acts of kindness shown to their family during the search and subsequent investigation of Patrick’s death. The family gave a special thanks to Officer Peck and Officer Robinson for taking the time to attend the funeral and staying to meet their extended family and friends. The Ryans will continue to pray that God keeps the officers safe and that the long hours of work prove fruitful.
President Wilshire asked Mr. Herman, as Chair of Public Safety, to look at the concerns about a street light and safety issue at Ninth Avenue and Main Street.
Mr. Herman will work with Mr. Zerfoss on the street light since it involves Public Works.
Mr. Stutzman pointed out there is a misconception that the Borough can change the timing on that light but cannot because it’s governed by Penn Dot.
President Wilshire called for an Executive Session concerning personnel for the Police Department, anticipating no action to be taken, including Council and the Mayor, leaving at 7:50 p.m.
President Wilshire called the meeting back to order at 9:14 p.m. and stated the Executive Session concerned personnel in the Police Department and stated no action was taken.
On a motion by Mr. Herman with a second by Mr. German, the Council Meeting was adjourned at 9:14 p.m.
______________________________ Carol Lapinto Borough Secretary
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