December 6 , 2005 Regular Meeting

Clarion Borough Council

Minute Index

December 6, 2005, Council Meeting

Citizen Comments:            Welcomed Mayor-Elect, Councilmember

                  Elect, and Borough Manager; Recognized

                  Mayor Smathers and Councilman Crooks;

                  Open House Scheduled for Retiring

                  Employees

Administration:            Monthly Reports; Discussed Proposed 2006

                  Budget; Approved to Advertise 2006

                  Budget, Tax Ordinance, and Fee Schedule;

                  Special Council Meeting Schedule to Adopt

                  Budget; Re-Appointed Individuals to

                  Various Boards and Committees

Downtown Committee:         Scrapbooking Business to Open

Public Works:               Monthly Report; Snow Plowing and

                  Shoveling Creating Problem

Public Safety:               Accepted Resignation from Jackie

                  Kriebel from Meter Enforcement Officer;

                  Thanked Ms. Delaney for Years of

                  Service

Housing and Zoning:            Zoning Amendments Going to Planning

                  Commission for Recommendations;

                  Temporary Signs to be Enforced Beginning

                  New Year

Recreation:               Meeting with Clarion Little League to

                  Discuss Season

Manager’s Report:            Final Comments

Old Business:               None

New Business:               Visibility Problem Exiting Liberty Street

                  Across North Fifth Avenue

Correspondence:            Discuss Personnel; No Action Taken

The regular scheduled meeting of the Clarion Borough Council was held on December 6, 2005, in the Assembly Room of the Clarion Free Library.

President Wilshire called the meeting to order at 7:02 p.m.

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

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

The minutes of the October 24, 2005, Work Session, were approved on a motion by Mr. German with a second by Ms. Vavrek.  The motion carried with a vote of seven yea.

The minutes of the November 1, 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.

The minutes of the November 17, 2005, Special Council Meeting, were approved on a motion by Mr. Herman with a second by Ms. Moore.  The motion carried with a vote of seven yea.

Citizen Comments:  President Wilshire welcomed Mayor-Elect John Stroup, Councilmember-Elect Sue Leonard, and Borough Manager, currently in training, Nancy Freenock to the Council Meeting.

Before Administration, President Wilshire recognized William Smathers, who is absent, as Clarion Borough Mayor from 2002-2005, and also Mr. Crooks, a long-time Clarion Borough Councilmember from 1996-2005, and presented a clock to each.  President Wilshire appreciates Mr. Crook’s participation and work over the years.

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

On a motion by Mr. Herman with a second by Ms. Vavrek, approving the appropriations in the amount of $42,890.98, was carried with a vote of six yea with Mr. Zerfoss voting nay to stay consistent in voting against the bills due to the Zoning Hearing Board Solicitor’s fees.

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 asked for any questions.

On page 6 of the Budget Analysis, Mr. German questioned why the percentage used for total expenses is 104% when last year it was 93%.

Ms. Lapinto reported the parking meters were not budgeted, which was about $60,000; and the other reason is the professional services line item in the Police Department.

After December, Mr. German inquired how the Borough will be compared to past years.

Ms. Lapinto stated close to where it was last year.

President Wilshire stated the proposed 2006 Budget needs discussed and a motion will be necessary to advertise the proposed Budget, Tax Ordinance, and Fee Schedule.

Ms. Lapinto informed he/she was given a clean copy of the budget.  After further research, Mr. Ragon discovered the fee for an electric service upgrade should be $60.  The budget remains the same as discussed at last week’s meeting.  Each Councilmember was given three copies of the Tax Ordinance; Proposal #1, an ordinance with absolutely no tax increase; Proposal #2, an ordinance with an increase in the Street Lighting Fund; and, Proposal #3, an ordinance with an increase in the Street Lighting Fund and Recreation Fund.  Ms. Lapinto commented it’s Council’s decision on what ordinance to advertise.

Mr. German asked Ms. Lapinto which one she recommends.

Ms. Lapinto doesn’t think Council can do without the increase in street lighting and realizes she is not going to be popular but feels a surcharge should be placed on individuals who are utilizing the fields that are not Borough residents.

Mr. German announced Little League is not permitted to surcharge certain individuals and could jeopardize their charter unless the boundaries would be changed to encompass the Borough only.

Mr. Zerfoss added the Borough doesn’t want to hurt the children playing Little League but it’s time for the townships and boroughs to step up to the plate and contribute to Clarion Little League.

Ms. Lapinto commented donations to Little League will not help the Borough unless it is passed onto the Borough.

Ms. Vavrek inquired what happens if a person gives a contribution to Little League.

Mr. German announced Clarion Little League donates $2,000-2,500 to the Borough.  Anytime a municipality donates to Little League, it is given to the Borough.  If a donation is earmarked for a certain project, then that’s where the money goes.  If a cash donation is received, it can be used in various ways, such as, uniforms, equipment, or field maintenance.  Mr. German stressed the Park wouldn’t look like it does today without the number of volunteers and donations from the community and surrounding areas.

If Council votes for a tax increase in Recreation, Mr. Crooks inquired if the Committee is thinking about expanding the Park to more than just Little League.

Mr. German clarified ½ mill increase will generate $16,000, which the budget only reflects the expenses being increased by $3,175.

Ms. Lapinto stressed that tax money has to be earmarked for Recreation and will be used there.  In 2005, expenses were over budget so the recap sheet indicates those will be paid with this increase.

Mr. German pointed out the Recreation Fund is not only used for expenses at the Park but also the pool.

President Wilshire questioned what would happen if the Borough would give the Park to Clarion Little League.

Mr. German wonders if Council would really want to look at this option.  The Park is more than just Little League.  There are playgrounds that are utilized by a lot of people.

By doing that, Ms. Lapinto stated the ability to write grants would be given up.

President Wilshire suggested it was a thought, which Council cannot decide on tonight.  If municipalities don’t want to give donations to Clarion Borough, perhaps they would feel better giving it to a Recreation Board.

Mr. Crooks stressed the Park must be more accessible to Borough residents.

Mr. German agreed the Park needs to be more user-friendly as far as more than just baseball.  In the next several years, people will see that start to transpire.

Mr. Crooks thinks the Borough should come up with a fair figure for townships and boroughs for little league, fire, and library as well.

Mr. German commented the Recreation Fund includes the pool, which has increases in chemicals and the Borough built a dock for Toby.

Ms. Lapinto stated that dock was donated and the Borough had to repair it.  Council needs to take a hard look at the pool and maybe not open as early.

Mr. German agreed.  The meeting with the YMCA was very beneficial to look at where spending could be curtailed.

Mr. Herman stated the Recreation Chair and Committee needs to look at all the ways to save spending.  Options on when to open and close the pool season is one area to investigate.  A certain amount of money needs designated for the pool; and, once that is met, then the operation should cease.  Mr. Herman question if it wouldn’t have been more appropriate for Mr. German, as Chairman, to approach the municipalities rather than saying Mr. Zerfoss should have done it.

Mr. German didn’t say it was Mr. Zerfoss’ position but recalls in 2001 Mr. Zerfoss brought it up.

Mr. Herman commented Mr. German asked for a mill increase and it was reduced to ½ mill.

Mr. German isn’t personally asking for an increase but wanted certain line items increased, which only went up $3,000.

Mr. Herman understands why Mr. German is questioning but wonders since it’s Mr. German’s budget and he has done the research why he wouldn’t have approached the municipalities.

Mr. German reported Mr. Zerfoss, the Little League Board (which he was the President of at that time), and the municipalities met in 2001 and came up with an agreement on the other municipalities donating x-amount of money.  Mr. German was not aware this was no longer being done.  Any donations, such as Little League’s, didn’t show up in the Recreation Fund.

Ms. Lapinto pointed out the Borough itself never received any donation other than Clarion Township’s and Clarion Little League’s.  If any were received, the money was not given to the Borough.

Mr. Herman commented the Borough has a tight budget.  As Mr. Zerfoss well put it last week, the Public Works and Public Safety Departments are going without essential items that would protect the public.  Mr. Herman feels Recreation should be tightened as well.  Clarion Little League does a great job, which is evident with the State Little League playoffs being held there.  The regular employees put in an awful lot of time at the Park also, which is sort of a donation or commitment from the Borough to want to have the best possible with the amount of work the Department has to do and how much time the Borough can spare.  Mr. Herman feels that is a commitment that will always be there and feels this is not the year to increase taxes in Recreation.

Without the increase, Mr. German asked Ms. Lapinto if the Recreation Fund will be over budget.

Ms. Lapinto stated it depends on the pool.

If Council doesn’t increase Recreation, Mr. Herman suggested again that a certain figure be assigned to the pool; and once met, the pool closes for the year.

Ms. Lapinto reminded everyone the pool pass rates were increased but that wasn’t the answer.

President Wilshire asked Ms. Lapinto for her recommendation.

Ms. Lapinto recommends Proposal #2, which is the ordinance including an increase in the Street Lighting Fund. 

President Wilshire thinks that will be another debate on how to handle that money.

On a motion by Ms. Vavrek with a second by Ms. Moore to approve to advertise the 2006 Budget, Tax Ordinance, and Fee Schedule using Proposal #2 with a tax increase in the Street Lighting Fund.

President Wilshire asked for any more discussion.

Mr. Herman stated he will vote no and would like to see the Street Lighting Fund narrowed.

President Wilshire asked for a roll call vote.

Ms. LaVan asked Mr. Zerfoss.

Mr. Zerfoss stated he was still thinking.

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

President Wilshire announced a Special Council Meeting will be held December 20, 2005, at 8 a.m. in the Clarion Borough Offices to adopt the 2006 Budget.

On a motion by Mr. Herman with a second by Mr. German to re-appoint the following people: Orville Lerch to a five-year term on the Clarion Area Authority Board to expire at the end of 2010; Timothy Seidle to a six-year term on the Civil Service Commission to expire at the end of 2011; Joanne Vavrek to a three-year term on the Library Board to expire at the end of 2008; and Brenda Sanders Dede and Ed Hopkins each to a four-year term on the Planning Commission to expire at the end of 2009.  The motion carried with a vote of seven yea.

Downtown Committee:  Ms. Moore stated a scrapbooking business will be opening on Main Street at the end of December.  This is a very popular craft-type activity.  It’s putting family pictures in an album and writing family history at the same time.  This is done by subject rather than chronologically.

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

Mr. Zerfoss announced the Department is in the winter operation now; 2 people working nights and 3 working days.  The first couple days of snow brings up the problem with people plowing or shoveling his/her snow out onto the road.  This could result in an accident.  Mr. Zerfoss asked residents not to do this.

Mr. German questioned who is responsible for shoveling out the fire hydrant in front of a person’s property.

Mr. Ragon believes the water company requests a property owner keep the hydrants clear but doesn’t think there is an ordinance on it.

Mr. Stutzman stressed it is extremely important to keep them available.  A lot of people in the Main Street District cover the fire hydrants, which is dangerous.

Public Safety:  On a motion by Mr. Herman with a second by Ms. Vavrek, accepting the resignation of Jackie Kriebel from meter enforcement officer, effective December 12, 2005, with regrets, was carried with a vote of seven yea.

Mr. Herman repeated Ms. Mary Lou Delaney will be retiring.  Ms. Delaney did a tremendous job for the Borough and Police Department and Council owes her a lot of gratitude.  Mr. Herman encouraged people to attend the open house and thank Ms. Delaney for her job.  Obviously, the Borough will be looking at filling the position.  Mr. Herman will contact the Administration Committee to see how to proceed.

Housing and Zoning:  Ms. Vavrek stated Councilmembers received a memorandum outlining the changes to the Zoning Ordinance and noticed the non-conforming structure section was removed. 

Mr. Ragon included that section in the memorandum to the Planning Commission for their consideration.   The meeting will be held December 13th.  Once the Planning Commission makes a recommendation, Mr. Ragon added a public hearing will be held in January or February and Council will have to adopt the amendments.

Beginning the first of the year, Ms. Vavrek reported Mr. Ragon will be paying more attention to the Sign Ordinance, in particular to temporary signs being placed on building and not being removed.   It hasn’t been enforced as much as it should have, and Ms. Vavrek asked the media to advertise so these businesses are aware it is going to be enforced.

Mr. Ragon commented one of the biggest violators is establishments selling alcohol.  Temporary promotional signs are allowed for a period of 30 days with a permit.  Violation is a minimum fine of $100.

Recreation:  Mr. German reported a meeting was held last month with Clarion Little League to discuss the season.  There will be changes in 2006 concerning the lights at the Park.  Little League made reference that their donation may be increased.  Improvements were discussed for next year and two other organizations were contacted to have ballgames at the Park.  Mr. German stressed a long-term project being considered is building a smaller field called a challenger field, which is a field designed for handicapped accessible participants.

Ms. Lapinto commented that has always been one of her goals and feels that would be a marvelous program to have for the physically challenged individuals.

Manager’s Report:  Ms. Lapinto stated she had no report and noted she’s enjoyed everyone but will enjoy sitting at home watching the Council Meetings.  It’s been a privilege to work at Clarion Borough.  Ms. Lapinto has always been amazed at how much time and effort the elected officials put in for no pay.

Mr. Zerfoss commented the best vote during his 30+ years on Council was when Ms. Lapinto was hired as Borough Manager and thanked her for everything she has done for the Borough and for helping him when President and in his committees.

Ms. Lapinto feels it’s the right decision and a time for new eyes and ideas.  Ms. Lapinto leaves Ms. Freenock a wonderful Council and an excellent staff.   The employees that work for the Borough give more of his/her time and effort, which Ms. Freenock will find out.

Old Business:  There was none.

New Business:  As a motorist traveling through the Borough, Mr. Rodney Sherman stated there is a visibility problem in leaving Liberty Street at North Fifth Avenue.  There are cars parked all over the curb, which blocks a driver’s view.

Mr. Herman reported that is being looked at.

President Wilshire called for an Executive Session, including Mayor-Elect Stroup, Councilmember-Elect Leonard, and Borough Manager Freenock to discuss personnel, leaving at 8:30 p.m.  No action is anticipated.

President Wilshire called the meeting back to order at 9:39 p.m. and stated the Executive Session concerned personnel and commented no action was taken.

On a motion by Mr. Herman with a second by Mr. German, the Council Meeting was adjourned at 9:39 p.m.

                     ______________________________

                     Carol Lapinto

                     Borough Secretary