Monthly Index

February 1, 2005, Council Meeting

Citizen Comment:               None

Administration:               Monthly Reports

Downtown Committee:            Meter Changes in Front of Sherwin-

                     Williams

Public Works:                  Monthly Report; Stop Sign at

                     Second Avenue and Wood Street

                     Discussed; Permission Given for

                     Brad Stutzman to Attend Seminar

Public Safety:                  Add Stop Signs, North and South,

                     at Second Avenue and Wood Street

                     for Trial Period of 60 Days;

                     Accepted to Sell Police Cars to

                     Grace Quality Used Cars; Hire Scott

                     D. Robinson for Position of Patrol-

                     man

Housing and Zoning:               Hire Guardian Inspection Services,

                     Inc., as the Third-Party Inspection

                     Agency for the Pennsylvania

                     Uniform Construction Code;

                     Monthly Report

Recreation:                  None

Mayor’s Report:               None

Manager’s Report:               Permission Given for Carol Lapinto

                     to Attend PSAB Legislative

                     Conference

Old Business:                  Thanked Civil Service Commission

                     for Efforts with Patrolman Process;

                     Discussed How Long List is Good;

                     Reinhard Village Sidewalk Update;

                     Adelphia Status

New Business:                  EMS Tax Discussion

Correspondence:               Note from Melissa Driscoll in

                     Reference to Stop Sign Not Placed

                     at Corner of Weaver Place and

                     Wood Street; Letter from Carl E.

                     Shields Requesting Liberty Street

                     Being Made Two-Way Traffic

                     from SR 322 to Second Avenue;

                     Request to be Reviewed by Public

                     Safety and Public Works

                     Committees

The regular scheduled meeting of the Clarion Borough Council was held on February 1, 2005, in the Assembly Room of the Clarion Free Library.

President Wilshire called the meeting to order at 7:01 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.  Mayor Smathers, Mr. Ragon, Chief Hall, and Mr. Stutzman were also present.  Ms. Lapinto was absent.

The minutes of the January 4, 2005, 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:  There were none.

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

On a motion by Ms. Vavrek with a second by Mr. Crooks, approving the appropriations for the month of February in the amount of $28,561.78, 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.  Anyone with questions should contact Ms. Lapinto.

Downtown Committee:  Ms. Moore met with Mr. Don Montgomery, Sherwin-Williams, in reference to his request for Council to change the meters in front of his store from long-term to short-term.  The Committee had previously placed some short-term meters in front of another business, which has since relocated.  Therefore, Ms. Moore believes these meters can be moved in front of Sherwin-Williams but added it wouldn’t be done until the weather improves.

President Wilshire asked Ms. Moore about the speaker scheduled to come next Tuesday.

Ms. Moore commented a speaker from a non-profit organization is coming to Clarion to discuss promoting Downtown.

Mr. Crooks stated the organization explains solving Downtown problems and situations.  The business community is encouraged to attend the meeting, which will be held next Tuesday at 12:30 p.m. at the Loomis.

President Wilshire inquired if this is part of the process for the Main Street Manager.

Mr. Crooks doesn’t think so.  That program has to come from Borough government.  This is just to explore different opportunities for Main Street improvements.

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

Mr. Zerfoss reminded everyone Ms. Lapinto and he had met with Penn Dot representatives about the possibility of a stop sign at Second Avenue and Wood Street and also South Street and Wood Street.  After a follow-up discussion, Penn Dot relayed the Borough could go ahead and put up stop signs wherever necessary.  Mr. Zerfoss stated Mr. Herman will discuss this farther under his report.  The residents in this area will be happy with the results.

Mr. Zerfoss informed everyone Mr. Stutzman wants permission to attend a seminar and asked Mr. Stutzman to discuss it.

Mr. Stutzman commented a Roadway Management Conference will be held in Hershey for three days.  Many different topics will be covered during this time.

Mr. Zerfoss stated the cost is $175, which was included in the budget.  Once Mr. Stutzman returns, Council will be given an update.

On a motion by Mr. Zerfoss with a second by Ms. Moore, giving permission for Brad Stutzman to attend the Roadway Management Conference March 30 to April 1, 2005, was carried with a vote of seven yea.

Public Safety:  Mr. Herman discussed Mr. Don Ion’s request for a stop sign on Second Avenue with Mr. Zerfoss, as stated earlier.  Mr. Herman thanked Penn Dot for being very cooperative.  In order to make Second Avenue safer, the Committee recommends for a trial period of 60 days to add stop signs on both the north and south intersections of Second Avenue and Wood Street.  Mr. Herman commented the Committee will keep and eye on South Street to see if a stop sign will eventually be needed.  The signs will be put up as soon as weather and time permits.

Mr. German asked if any parking spaces will be affected.

Mr. Stutzman stated vehicles have to be 30’ back from a stop sign.

Mr. Herman noted one space on both sides would be lost.  However, the residents will be pleased to give up a couple parking spaces in order to make the area safer.

On a motion by Mr. Herman with a second by Mr. Zerfoss that for a trial period of 60 days to add stop signs on both the north and south intersections of Second Avenue and Wood Street.  The motion was carried with a vote of seven yea.

Mr. Herman stated the Borough advertised to sell two police cars. Six bids were submitted on both vehicles.  Grace Quality Used Cars from Morrisville, Pennsylvania, was the high bidder on both vehicles, bidding $3,268.99 for the 2000 Ford Crown Victoria and $1,145 for the 1995 Chevrolet Caprice.  These bids are more than fair and exceeded what many Councilmembers were hoping to get.

Mr. German asked what happens once the bids are accepted.

Mr. Herman commented Ms. Lapinto will contact Grace Quality Used Cars, secure the money, and the cars will be picked up.

On a motion by Mr. Herman with a second by Ms. Moore, accepting to sell the 2000 Ford Crown Victoria for the amount of $3,268.99 and the 1995 Chevrolet Caprice for the amount of $1,145 to Grace Quality Used Cars of Morrisville, Pennsylvania, was carried with a vote of seven yea.

Mr. Herman informed Council the Civil Service Commission sent the Committee three names for the position of patrolman early last week.  The Committee interviewed the three candidates.  All three did a fine job, and the Committee was pleased with the candidates.  Mr. Herman stated the Committee nominates to hire Scott D. Robinson to fill the position of patrolman.

On a motion by Mr. Herman with a second by Ms. Vavrek to hire Scott D. Robinson for the position of patrolman and indicate his schedule is subject to change based on the needs of the Borough for emergencies, vacation, sick leave, or any other reason the Borough deems necessary.

President Wilshire asked Mr. Herman to fill everybody in on Mr. Robinson’s background.

Mr. Herman reported Mr. Robinson is currently residing in Franklin and is working at two police departments.  Mr. Herman asked Chief Hall to explain more.

Chief Hall stated Mr. Robinson works for Knox and Emlenton Police Departments.  Mr. Robinson is employed as the School Resource Officer at 38 hours a week at Keystone School.

Mr. Herman noted Mr. Robinson was the unanimous choice.  The Committee feels the Borough is getting a very good candidate.

Mr. German inquired how long Mr. Robinson worked in the police force and about his educational background.

Chief Hall stated between 2-2½ years.  Mr. Robinson has his Act 120 training.

President Wilshire reported Mr. Robinson has also worked with the Clarion officers on some calls and helped with a Spanish translation.

As long as everything goes well, Chief Hall informed everyone Mr. Robinson should be able to start February 17th.

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

Housing and Zoning:  As part of the Pennsylvania Uniform Construction Code, Ms. Vavrek announced the Borough has to appoint a third-party agency.  Mr. Ragon sent out nine letters to various agencies to apply for this position.  Only three companies responded.  The books and materials sent in by the companies were difficult to decipher.  Therefore, Mr. Ragon sent a similar plan to each agency with a residential structure and commercial structure in it with specifics to these structures and asked each one to complete it giving actual cost estimates.  The Committee was then able to compare them.  Also, the Committee interviewed all three companies.  Ms. Vavrek recommends the Borough hire Guardian Inspection Services, Inc.  The agency is located in DuBois, but they do have an agent in Clarion County that would be able to handle any new construction.  Guardian Inspection Services is certified in all aspects of certification pertaining to any kind of new construction, which was one of the reasons the Committee choose them.  The Borough would contract with the agency for one year; and, if not satisfied, the Borough could look for different agencies.  Guardian Inspection Services’ fees are not necessarily the lowest but are very uniform.  There is one flat fee that would include plan review and any type of administrative fee included in the project.  Ms. Vavrek commented there are sample contracts in the books, which the Borough will send to the Solicitor.  Also, there is a 15% or less administrative fee that could come back to the Borough.  The Borough itself would not be paying for anything.   It would be the person building the house.  If a footer is scheduled to be poured and it rains that day, Ms. Vavrek stated Guardian Inspection Services assured the Committee there would be no reason why it couldn’t be rescheduled for the next day.  This is a great concern for contractors.  Ms. Vavrek reported the company also offers some classroom instruction, meaning if Mr. Ragon needed an update or a question answered he could go to the Clearfield County Office to receive it. 

On a motion by Ms. Vavrek with a second by Mr. Crooks to hire Guardian Inspection Services, Inc., as the third-party inspection agency for the Borough.

Mayor Smathers asked who the principals of the company are and where the office is located in Clearfield County.

Ms. Vavrek reported Jeff Elder is the Clarion County agent and Bill Kulbacki is the one that did the presentation.  The address is DuBois.  Guardian Inspection Services included references in the packet provided to the Borough, which was given to Mayor Smathers to review.  Out of the three proposals, Guardian Inspection Services provided the most information and certification on all their people.

Mayor Smathers noticed a sample check, which has a New Jersey address on it, and asked if the company is a branch operation.

Mr. Ragon stated that is correct.

When it’s time to vote, Mr. Zerfoss explained he will vote no only to stay consistent with his feelings all along that this is a bad piece of legislation.  The vote will not be against Ms. Vavrek or the company.

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

Ms. Vavrek commented the Housing and Zoning Report is in the packet for everyone’s review.

Recreation:  Mr. German had nothing to report.

Mayor’s Report:  Mayor Smathers had nothing to report.

Manager’s Report:  On a motion by Mr. Herman with a second by Ms. Moore to give permission for Carol Lapinto to attend the PSAB Legislative Conference from March 19-22, 2005.  The motion was carried with a vote of seven yea.

Old Business:  Backing up, Mr. Herman thanked the Civil Service Commission for their efforts with the patrolman position.  It seemed like a long, drawn out process, but the Committee had several obstacles to overcome.

Mr. Herman pointed out the test is good for a year from the date the Commission forwarded the three names.  Within that timeframe, if a vacancy occurs, the Borough can hire from the list of individuals interviewed.  At the end of that time, if the Committee wishes that list be extended longer, Mr. Herman stated the Committee could ask the Civil Service Commission consider doing that.  The Commission has the power to extend it.

Mr. German asked if anything has happened with the Reinhard Village situation as far as sidewalks.

President Wilshire commented no.  It’s going to take some time for the grant process and will not be an overnight solution.  Penn Dot has contacted Ms. Lapinto on signage, which can be done quickly.

President Wilshire reported Council asked Attorney Dan Cohen to write a letter to Adelphia outlining Council’s concerns on the change of channels that occurred recently.  A copy of this letter was provided to each Councilmember.  Attorney Cohen relayed to Adelphia Borough Council accepts the commitments regarding poor video reception and timely franchise fee payments contained in the December 14, 2004, letter but does not accept the relocation of the educational and governmental (‘EG’) channel to Channel 15.  Clarion University of Pennsylvania, CUTV, has been on Channel 5 since the mid 70’s and relocating the channel places a hardship due to loss of a significant share of viewer ship.  If people cannot find the channel, he/she will not look for it.  Also, Attorney Cohen pointed out the University would incur significant costs due to the relocation of the channel.  Not only would the stationery need replaced, but the “Channel 5” logo on the studio set and outside trailer would need changed, and any promotional materials or run advertisements informing the public of the channel change would need done.  The Borough appreciated Adelphia’s offer to reimburse the University for expenses up to $2,000, but that amount is far less than what would be needed.  Attorney Cohen stated the only satisfied redress would be for Adelphia to reinstate CUTV to Channel 5 and the Borough demands that is done.  President Wilshire commented there has been no response from Adelphia yet.

Prior to the meeting in discussion with Bill Adams, CUTV, Mr. Herman understands the chair of the Communication Department hasn’t received any of the correspondence from Council, Attorney Cohen, and Adelphia in relation to the Channel 5 issue.  Mr. Herman requested all copies be sent to Sue Hilton at the University.

New Business:  Mr. German read an article in the Pennsylvania Borough News magazine, which Councilmembers receive, relating to the Emergency Municipal Services (EMS) Tax, which detailed the funds be used for police, fire, emergency services, road construction, or maintenance or for the reduction of property taxes.  Mr. German asked what Clarion Borough is using it for.

President Wilshire stated the purpose was outlined in the Ordinance, which Council passed.  Clarion Borough’s property tax was reduced by one mill.  Also, the Borough was facing a 3-mill increase, which was avoided.  President Wilshire added Ms. Lapinto is keeping a separate accounting for that tax.

Mr. Zerfoss stressed 99% of the money spent in Borough government covers those items.  If Councilmembers look at the other municipalities that adopted this EMS Tax, he/she will notice that not too many are reducing property taxes.  Clarion Borough did.

Being a Councilmember over 10 years, Mr. Crooks stated taxes were raised once by one mill.  It’s amazing that Clarion Borough, as a government, can do so much with so little.  Most Borough residents pay more for cable television that he/she pays for Borough taxes in a year.  Mr. Crooks feels taxes are one of the best values the Borough provides.  This EMS Tax includes people working in Clarion Borough that may not necessarily live in the Borough but are still taking advantage of many services that are provided.  It allows the Borough to raise revenue without putting an additional burden on the residents in Clarion Borough.

Correspondence:  Ms. LaVan read a note from Melissa Driscoll in reference to a stop sign being placed at the corner of Weaver Place and Wood Street by AAA Life Services.  Twice someone has pulled out onto Wood Street or gone straight through the alley without stopping, and Ms. Driscoll was almost hit.  Ms. Driscoll questioned who would be at fault if an accident would occur since neither has a right-of-way.

Ms. LaVan read a letter from Mr. Carl E. Shields, The Medicine Shoppe, asking Council to open Liberty Street to two-way traffic from State Route 322 to Second Avenue.  Mr. Shields pointed out it would serve many positive purposes as follows: ease traffic congestion from westbound Liberty Street traffic turning towards town, which could save Borough money by delaying or eliminating future need for a traffic light at 322 and Liberty Street; eliminate safety concerns of wrong-way traffic, which could prevent a head-on collision; eliminate the dangerous situation on the incline, which is created when it snows or rains; and could benefit the Clarion Area High School.  Mr. Shields added many positive comments are received during Autumn Leaf Festival when two-way traffic is allowed.

President Wilshire asked Mr. Herman and Mr. Zerfoss to look into that request.

Mr. German asked about the first concern.

Mr. Zerfoss stated there are a lot of areas where there are not stop signs.  Mr. Stutzman is going to make a list of areas where stop signs are needed, and the Public Works and Public Safety Committees will review the locations.

Per the Vehicle Code, Chief Hall added motorists have the responsibility to stop at any intersection.

On a motion by Mr. Herman with a second by Ms. Vavrek, the Council Meeting was adjourned at 7:43 p.m.

                  ______________________________

                  Linda M. LaVan

                  Administrative Secretary