Monthly Index

November 28, 2005, Special Council Meeting

The Special Council Meeting of the Clarion Borough Council was held on November 28, 2005, at the Clarion Borough Offices.

President Wilshire called the meeting to order at 5:02 p.m.

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

President Wilshire welcomed Mayor-Elect John Stroup for attending the Special Council Meeting.

Ms. Moore stated Councilmember-Elect Sue Leonard is out-of-town.

Citizen Comments:  There was none.

Administration:  President Wilshire stated a total of 18 applications were received for the Borough Manager position.  In-depth interviews were held with 5 candidates.  It was narrowed down to 3, and the Committee conducted interviews with their references.  President Wilshire asked Ms. Moore to discuss the hiring of a new Borough Manager.

Ms. Moore made a motion to hire Nancy K. Freenock to fill the position of Borough Manager, replacing Carol Lapinto who is retiring from this position December 22, 2005, and to be hired at a salary of $45,000 starting in January.  Ms. Freenock has agreed, if hired, to work with Ms. Lapinto part-time during the month of December, with wages to be decided at a later date.

Mr. Crooks seconded the motion.

President Wilshire asked for any discussion.

Ms. Moore added Ms. Freenock and her family has been residents of Clarion for the past 10 years where she has been very active in community organizations.  Ms. Freenock has good communication skills and experience in personnel management, a law degree from Villanova, and experience in both business and with the federal government agency.  Ms. Moore feels she will work out very well.

The motion carried after the following roll call vote: Mr. Zerfoss, yes; Mr. Herman, yes; Mr. Crooks, yes; Ms. Vavrek, no; Ms. Moore, yes; Mr. German, yes; and President Wilshire, yes.

President Wilshire stated everyone received a copy of the proposed 2006 Budget, which includes no tax increase in the General Fund, a slight increase in the Street Lighting Fund, and a proposed slight increase in the Recreation Fund.  President Wilshire thanked Ms. Lapinto on her work.  President Wilshire asked Ms. Lapinto to discuss it further.

Ms. Lapinto started with the Street Lighting Fund, which has been at the current level of 1.70 mills since the 1990’s.  Basically, it’s the cost of doing business and two signals have been added.  When street lighting can’t make its bills, the General Fund has to make up the difference.  This is the reason for the recommended .80 increase.  By law a municipality is allowed 8 mills.  The Highway Aid Fund is projected to receive $104,000 for 2006, which is an increase from $97,000.  Ms. Lapinto commented an in-depth study of all the bills in the Recreation Fund was completed.  The swimming pool will never pay for itself.  Even raising the pool pass fees did not help the situation.  The majority of the increase is at Paul A. Weaver Community Park.  Every time an improvement is made at the Park, which Ms. Lapinto supports 100%, it means an additional cost to the Borough.  Ms. Lapinto proposes a ½ mill increase and has met with Mr. German.  Both have different approaches.  Ms. Lapinto voiced concern that the majority of the participants at the Park in the Little League Program are from surrounding townships and boroughs; however, by raising taxes in this Fund, Borough residents will be asked to pay the costs.  Ms. Lapinto asked Mr. German to defend the proposed increase.

Mr. German reported the Borough has been under funded for years in this department, which can be confirmed by looking at past budgets.  It’s time for an increase.  Councilmembers need to look at the entire picture, meaning the cost of operating the pool as well as the park.  The ½ mill increase will generate about $16,000.  According to the budget, the Fund will only increase approximately $3,000.

Mr. Zerfoss feels Clarion Little League is one of the best programs. While being a member of the Little League Board, Mr. Zerfoss stated Clarion Borough needs help from Corsica Borough, Strattanville Borough, Paint Township, Monroe Township, Clarion Township, Limestone Township, Highland Township, and Mill Creek Township; where participants come from, too.  Years ago, Clarion Borough representatives met with Little League representatives, one of which was Mr. German, asking the representatives approach the other communities for a donation towards the program as well.  Many choose not to donate, because they did not want the money to go to Clarion Borough.  In September, Mr. Zerfoss recommended the Executive Board once again approach the municipalities to attempt to get a donation before these municipalities finalize their budget.  Mr. Zerfoss asked Mr. German if that was ever done.

Mr. German doesn’t know the answer to that question and feels Mr. Zerfoss would have a better idea.  Clarion Little League does give a contribution to Clarion Borough each year.

Ms. Lapinto announced Clarion Township provides $500 to Clarion Borough, which was part of an agreement when the Park was first developed.

Mr. Zerfoss doesn’t want to jeopardize the children playing Clarion Little League and noted there are hundreds of volunteers that give a lot of time to make the program what it is.  But in the same token, Mr. Zerfoss commented the other municipalities must come up to the plate and do their share.  The Board is trying to get Clarion Area School and the Legion to move their baseball programs over to Paul A. Weaver Community Park, which makes more sense due to better fields and more attendance.

If you consider all the Borough residents, Mr. Crooks commented the Park is pretty much geared towards a Little League Park.  There isn’t even a walking or bike path. 

Mr. German agreed there is room for improvement at the Park for other facilities.  Currently, the playground and pavilion facilities are used quite a bit.  Since the survey was completed and the Borough knows exactly what land is behind it, there are other possibilities being discussed but will not occur for a couple years. 

Ms. Vavrek suggested it might be more effective for representatives from these surrounding municipalities that are Little League Boardmembers to approach his/her township or borough supervisors asking them to donate towards the program.  A donation of $500 isn’t too much to ask.

Mr. Herman commented $1,000 wouldn’t be out-of-line.  Mr. Herman feels the raise in Recreation and Street Lighting is helping make up the deficit the Borough is anticipating from the Emergency Service Tax.  It’s a tax increase pure and simple regardless of where it is put.  Mr. Herman is a big advocate of park becoming more than that just baseball and would like to see the area developed with things including family activities and shelters.  If that were the reason for the increase, Mr. Herman could fully support it; but this is something totally different.

Ms. Lapinto stressed these increases would go to the designated fund but is still an overall tax increase.

Mr. Herman stated the anticipated money not spent in Recreation or Street Lighting will end up in the General Fund budget. 

President Wilshire informed Mr. Herman that tax has to be used for the designated fund.

Mr. Herman doesn’t think it’s shown the way it is presented.

Mr. German verified the Recreation Fund has always been very under budget.

Ms. Lapinto agreed and stated the pool pass fees were increased to try to alleviate the problem but that didn’t work.  The pool never makes money.

At a Recreation Meeting with the YMCA, Mr. Herman announced everyone discussed the possibility of adjusting operating hours and changing the date the pool opens and closes for the season, which may help somewhat.  It looks as though the tax increase will be used to cover other deficits like the EMS Tax, which Mr. Herman will question later.

Mr. German informed everyone taxes were decreased last year by a mill.  If that had not been done, the Borough may be in a different position now.  The increases in Street Lighting and Recreation, in Mr. German’s opinion, are needed.

Moving onto the Library Fund, Ms. Vavrek reported the Library hasn’t received all the funding that was budgeted for the year 2005, and it looks as though the proposed 2006 budget is being decreased by $2,000.  Ms. Vavrek questioned if this is going to continue in 2007.

Ms. Lapinto reported a $1,000 balance in this Fund has been maintained, but could be lowered to $500.  The Library will receive another payment in December.  In January, a substantial amount should be received, because residents will hurry up and pay his/her taxes before being turned into the tax claim bureau.

Mr. Herman inquired what was budgeted for 2005 for EMS, what came in, and where the Borough’s going from here.

Ms. Lapinto stated $225,600 was budgeted.  The Borough didn’t start collecting the tax until the second quarter.  When 2005 ends, the fourth quarter will not be reported until 2006.

Mr. Herman verified not everybody is doing it on a quarterly basis.

Ms. Lapinto agreed.  In discussions with Susan Beary at the Wage Tax Office, Ms. Beary promised delinquent notices will be sent to people who have not paid.  Ms. Lapinto pointed out there has been a misconception that if you do not earn more than $12,000 a person doesn’t pay the $5 to the Borough, but he/she does.  Under $12,000, a person pays $10 ($5, Borough’s share, $5 School’s share); over $12,000, a person pays $52 ($47, Borough’s share, $5, School’s share).  There are probably employees that haven’t paid and this will be pursued.  Some corporate entities automatically paid the $5.  Ms. Beary has been correcting that issue.  It’s a brand new tax, and no one knew how much would be received.  Ms. Lapinto stressed to employers, he/she is liable for the EMS Tax if it was not collected from the employee.

Mr. Herman understands missing a quarter of the tax could be part of the reason it’s lower along with the difficulty in trying determine the appropriate employer and employee numbers in order to come up with a figure.  Mr. Herman fears there are a lot of people who have not paid the $10 tax if he/she earned under $12,000 and recommended Ms. Beary should mail out a reminder notice.

Ms. Lapinto has already relayed this to Ms. Beary, who agreed it would be done.

Mr. Herman inquired how the Borough can ensure everyone has paid.

Ms. Lapinto commented the Borough has to rely on Ms. Beary to guarantee everyone has paid.  The records are very private and the Borough cannot see the names of who has and hasn’t paid the tax.  Ms. Lapinto stated the General Fund expenditures were prepared with no wish list items except for the shotguns for the police cars, which are absolutely necessary, and the blackberries to run the J-Net.  There are no trucks or police cars included.  The Administration regular employees are for the new Borough Manager, which is high due to Ms. Lapinto not being officially retired until the end of January.  Public Safety contains a typographical error in benefits; instead of $13,200, it should be $132,000.  Cameras in the cars are not included but will be pursued through a grant.  Capital outlay is way out-of-line dues to the cost of the new parking meters. 

Mr. Zerfoss asked why the amount for part-time employees was lowered from $28,500 to $15,000 next year.

Once Ms. Delaney is officially retired, Ms. Lapinto stated it will be Council’s decision to move the part-time clerk into that position.  Discussion has taken place on the need for a part-time clerk.  Ms. Lapinto firmly believes a part-time clerk is necessary but on an as-needed basis instead of a permanent work schedule, like it is now.  Since a meter enforcement officer resigned, a position will be open; and Ms. Lapinto suggested hiring a part-time meter enforcement officer/clerk, who could be trained to fill in when the full-time secretaries are out of the office. 

Ms. Lapinto moved onto Fire, which the utilities were increased.

Mr. Crooks asked if the worker’s compensation for the fire company is paid through this department.

Ms. Lapinto stated that is paid out of the Escrow Fund.  Each time a payroll is completed, Ms. LaVan calculates the percentage per department and transfers that amount into the Escrow Fund so it’s available when the bills come in.  The fire company’s worker’s compensation is billed by population.  Clarion Borough, having the greatest population, pays the most.  The Borough receives reimbursement from Monroe and Clarion Townships each paying $1,000 and Highland Township paying $500.

Mr. Crooks feels the majority of the calls for the firemen are outside the Borough and added every business covered by a fire department receives a reduction in his/her insurance rates.  All the other municipalities benefit, yet the Borough residents pick up the majority of the costs. 

Ms. Lapinto continued with Housing and Zoning.  The benefits are lower due to the change in healthcare to UPMC, which applies to the Public Works employees as well.

Mr. Zerfoss stated in Public Works a new truck is not included.

If one is not purchased this year, Mr. German understands it will be a minimum of 2 years before one would be received. 

Ms. Lapinto confirmed it takes about 9-12 months to purchase one.

President Wilshire stated Council can purchase it next year but pay for it once it’s received.

Mr. German asked if Mr. Zerfoss is comfortable making due for another year.

Mr. Zerfoss reported not really but is not comfortable with not purchasing a police car either.  The truck will be repaired until purchasing is feasible. 

Ms. Lapinto pointed out the decrease in wages is due to Mr. Thompson being called to Reserves.  Operating supplies is lower than reported a month ago due to Clean-Up Day costs being miscoded.  Clean-Up Day was more than estimated, which was due to expanding it to businesses.  The following recommendations for increases in the fee schedule are: copy of Zoning Ordinance from $5 to $10; rental units from $25/unit to $30/unit; parking permits, monthly from $10 to $20 and quarterly from $20 to $35; and a new charge for electrical service upgrade at $40.  A clean copy of the budget will be provided at the December 6th Council Meeting, where permission will be asked to advertise.  It has to be open for public review for 10 days and a Special Council Meeting will need scheduled.

Mr. Zerfoss feels it’s a very good budget.  However, if it stays like this, Mr. Zerfoss will not support it due to the ½ mill increase for recreation.  Street lighting is a little different, but Mr. Zerfoss will have to think about it.

Mr. Crooks asked if Mr. Zerfoss would support a tax increase if the truck and car were purchased.

Mr. Zerfoss doesn’t want a tax increase.  If the sale of Clarion Area Authority goes through, some of the $2.4 million that is supposed to come in could be used to purchase a truck and car that will last for years.  This would eliminate a tax increase.

Mr. German stated Council cannot count on something that’s not there yet.

President Wilshire feels everyone will have his/her own ideas on how to best spend the revenues from the sale of the Authority.

Mr. Zerfoss stressed he’s not going to vote for a ½ mill increase in the Recreation Fund.

Mr. German reported he’s being a realist.  As far as Recreation, the fund has been under budget for years.

President Wilshire announced there is a list of the terms on various boards and commissions that will expire at the end of the year.  These representatives will be contacted to see if he/she is interested in serving another term and will be handled at the Council Meeting.

Downtown Committee:  Ms. Moore had nothing to report.

Public Works:  Mr. Zerfoss reminded everyone December 1, 2005, the Snow Removal Ordinance begins, where people cannot park on certain streets on certain nights.  Signs are up and notifications are out.

Ms. Lapinto reported President Wilshire put it on the web site as well.

Mr. Zerfoss stated the proposed Public Works Contract is a 4-year Contract, which will be effective 2006-2009.  The main changes are as follows: clothing allowance increased $200, making it $600/year; shift differential increased 50 cents/hour, making it $1.00/hour for any employee working the 11 p.m. – 7 a.m. shift; wage increase is 55 cents/hour for 2006, 50 cents/hour for 2007, 50 cents/hour for 2008, and 55 cents/hour for 2009; and a change in healthcare coverage to UMPC.

On a motion by Mr. Zerfoss with a second by Ms. Moore to approve the Public Works Contract for the years 2006-2009 with the above recommendations.

President Wilshire asked for any discussion.

Mr. German asked why the Contract was always 3 years but is proposed to be 4 years.

Mr. Zerfoss stated the Committee didn’t want the Police Contract and Public Works Contract ending the same year.  The Police Contract is in the second year of a 4-year contract.  Instead of approving a 2-year contract, the Committee decided to go 4 years.

President Wilshire feels the Committee thought it would be better to have a longer contract and it would provide more stability.  While wages may be a little more than the Committee hoped for, it’s important to realize the savings to the Borough since the maintenance employees agreed to change healthcare to UPMC.  The Police Department changed, which resulted in a significant amount of savings to the Borough.

Mr. German agrees it’s Council’s job to save money for the taxpayers and has no problem changing healthcare for the same, if not better, coverage.  Mr. German voiced reservations on how the pay structure is going to change.  Some employees are giving up to give to other individuals.

Ms. Lapinto stressed that was the employees’ choice.

After some discussion, the motion carried after the following roll call vote: Mr. Zerfoss, yes; Mr. Herman, no; Mr. Crooks, yes; Ms. Vavrek, no; Ms. Moore, yes; Mr. German, yes; and President Wilshire, yes.

Public Safety:  Mr. Herman stated Chief Hall had surgery and is off recovering.  Meanwhile, the officer-in-charge is being rotated among a few officers.

Ms. Lapinto commented Chief Hall is to be released December 12th but then will be on vacation.

Housing and Zoning:  Ms. Vavrek reported Councilmembers received a rental fee survey indicating some municipalities charge per occupant rather than per unit.  Ms. Vavrek and Mr. Ragon prefer to leave it $30 per unit, however, both are considering a missed inspection fee, which Bloomsburg Borough charges.  Recently, this has not been a problem, but was at one time.

Ms. Lapinto commented some communities charge for an inspection also.

Ms. Moore supports the missed inspection fee but not an inspection fee.  As far as rental fee per occupant, Ms. Moore asked if this pertains strictly to student rentals.

Ms. Lapinto stated it would be everyone.  It would be hard to apply to a family.

When Council met with the residents of Eighth Avenue, Mr. Herman reminded everyone a lot of different issues came up and one was ways to possibly generate revenue.  It’s very difficult for one person to do the number of inspections necessary in a 1- or 2-year period.  More revenue could enable additional help to do those inspections.  Mr. Herman questioned if it’s fair for a landlord that has one tenant to pay a $30 rental unit fee and another that has more tenants but still pays the same fee.  Multi-occupant units have a lot more problems during inspections.

Mr. Crooks feels those are taxable properties also and feels Mr. Ragon spends more time to inspect a house than a multi-unit dwelling.

Mr. Ragon stated in general it does take longer to do student rental units over a single-family dwelling, but it really depends on the unit and housekeeping of the tenants.

Ms. Moore inquired how the Borough will adjust when people move out or in throughout the year.

Mr. Herman feels it’s open for discussion but will not be part of the 2006 Budget because it needs researched and thought out.

After some discussion, Council decided to add a $45 missed inspection fee to the fee schedule.

Ms. Vavrek stated Councilmembers received a 2-page memorandum on proposed amendments to the Zoning Ordinance, which are attached to the Official File Copy of these minutes.  The definition of family for all residential districts has been changed to read not more than 2 unrelated persons in each unit.  The boarder section included before was removed and is now proposed as a conditional use, meaning a person must come to Council for permission to have a boarder in his/her house.  Common household has been defined.  These primarily are changes due to the situation with the residents in Eighth Avenue.  Since it will have to be reviewed by the Solicitor, advertised, and a public hearing will be held to make these amendments to the Zoning Ordinance, Mr. Ragon suggests a couple more changes.  More restrictions have been placed for roomers, boarders, or lodgers.  Parking was misunderstood as far as the percentage of space a person can use as parking space in his/her front yard.  It has been 25% but that included a person’s driveway.  Ms. Vavrek thought a driveway was a driveway and the remainder was the grassy area, which had to be 25%.  Therefore, Mr. Ragon has removed parking from a person’s front yard except for his/her driveway.  The last section is changing a particular section of Seventh Avenue back to R-1, which was requested by the residents.   The rental units in this area would be grandfathered.  This is only the beginning of the process.

Ms. Moore thought if people used his/her front yard for parking it could not just be a grassy area.

Mr. Ragon agreed and noted it has to be improved with gravel, asphalt, tar and chip, or cement.

Mr. Zerfoss pointed out an owner cannot use the whole front yard either.

Mr. Ragon commented that’s correct.  It’s limited to 12-24’ depending on what a person has for a garage. 

President Wilshire asked number 4 to be discussed.

Mr. Ragon informed everyone there is a provision in the current ordinance that allows the expansion of non-conforming structures.  The whole purpose of the Zoning Ordinance was to eliminate these structures, and that provision was not serving the purpose.  What it was doing was allowing those non-conforming structures to expand further.  Non-conforming structures can exist but it’s recommended to remove the option to expand creating a bigger problem.  Mr. Ragon asked all Councilmembers to review the proposed changes and contact the Committee with recommendations or questions.

Recreation:  Mr. German had nothing to report.

Manager’s Report:  Ms. Lapinto had nothing to report.

Old Business:  There was none.

New Business:  There was none.

Correspondence:  There was none.

President Wilshire announced an open house will be held December 15, 2005, from 1-3 p.m. at the Borough Office honoring Carol Lapinto and Mary Lou Delaney, who are both retiring this year.

On a motion by Mr. Herman with a second by Mr. Zerfoss, the Special Council Meeting was adjourned at 6:52 p.m.

                     ______________________________

                     Carol Lapinto

                     Borough Secretary