Monthly Index

March 1, 2005, Council Meeting

Citizen Comments:               Bob Stowman, FOP Representative,

                     In Re Police Contract Negotiations

Administration:               Monthly Reports; Work Session

                     Scheduled; Discussed Adelphia’s

                     Letter with Committee to Meet with

                     University Representatives

Downtown Committee:            Downtown Revitalization Group

                     Meetings Discussed

Public Works:                  Monthly Report; Clean-Up Day

                     Scheduled; Penn Dot Plowing Snow

                     onto Sidewalks Discussed

Public Safety:                  Thanked Public Works Department

                     for Putting Up Stop Signs

Housing and Zoning:               Monthly Report; UCC Appeals

                     Board Met; Sample Agreement for

                     Third-Party Agency

Recreation:                  Permission to Secure RFP’s for Land

                     Survey at Paul A. Weaver

                     Community Park; Clarion Little

                     League Letter Inviting Council to

                     Opening Ceremony

Manager’s Report:               Borough to Proceed with Engineer-

                     ing for Traffic Light at Eighth

                     Avenue and Wood Street

Old Business:                  Status of Handicapped Parking

                     Space in Front of Post Office;

                     Update on Reinhard Village and

                     Sidewalk Situation

New Business:                  None

Correspondence:               None

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

President Wilshire called the meeting to order at 7:01 p.m.

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

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

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

The minutes of the February 1, 2005, Council Meeting, were approved on a motion by Mr. Herman with a second by Ms. Vavrek.  The motion carried with a vote of seven yea.

Citizen Comments:  Mr. Bob Stowman, FOP Representative, informed Council the rumors that the police officers have taken contract negotiations to arbitration and that the Borough cannot stop it are not true.  As a representative for the Clarion police officers, Mr. Stowman reported the issues should be easily resolved without going that route.  Arbitration is a very costly matter and would probably cost the Borough of Clarion $20,000.  Mr. Stowman reported that money is better spent here than in some attorney’s pocket.  Again, the issues are not too hard to resolve.  For clarification purposes, Mr. Stowman relayed the police officers have submitted a letter asking for an arbitrator to be appointed but was only done to preserve the police officers’ rights in case the need arises.  The officers have an obligation time wise in order to do that. Mr. Stowman thanked Mr. Herman and Ms. Lapinto for agreeing to extend the arbitration time and setting the date farther in the future so both parties can try to get some figures together and resolve these issues, which everyone feels will be possible to resolve without going to arbitration.

President Wilshire asked Mr. Stowman in his opinion if contract negotiations are still continuing between both sides.

Mr. Stowman commented yes.

Mr. German asked if a date has been set.

Mr. Stowman repeated a definite date has not been set.  The closest opportunity for a neutral arbitrator to sit in would be in June, which would only happen if the issues cannot be resolved.

President Wilshire verified that’s just to protect the police officers’ contractual rights.

Mr. Stowman agreed.  It would have come up this month for arbitration but an extension was requested to allow time to work with Councilmembers to try to resolve it without the extra expense.

President Wilshire appreciated Mr. Stowman coming to explain this to Council and asked for any additional comments.

Mr. Herman reiterated that the Public Safety Committee and Ms. Lapinto have a great deal of respect for Mr. Stowman.  There’s been a willingness on both sides to want to reach an agreement.  The Committee has been waiting on some insurance figures, which were finally received last week.  Another meeting is anticipated soon to go over this information.  Everybody is aiming to put together a fair and equitable contract for both sides and to come out feeling each one accomplished some of the things he/she wanted to.

Mr. German asked if the two sides have met as was suggested at the January Council Meeting.

Mr. Herman stated yes.  Discussions have been on hold over the last 40 days or so pending the figures.  It took awhile to get the necessary forms filled out and turned in so the figures could be compiled.  Both sides have displayed quite a bit of patience with each other.  Now that the figures are back, Mr. Herman thinks everyone’s ready to try to proceed to conclude it.  Both sides have been straightforward with each other, and everyone has an idea of where the other wants to be.  The Committee began June 30th of last year trying to get these insurance numbers.

Being the newest Councilmember going through contract negotiations, Mr. German inquired if the Committee will present Councilmembers with a recommendation before asking Council for approval.

Mr. Herman agreed.  It must be ratified by the police officers as well as Councilmembers.  Everyone will receive a copy of the contract well in advance of any meeting so everyone has an opportunity to review it and ask any questions prior to approval.

Speaking for the members of the Police Department, Mr. Stowman added the members share responsibility for getting the forms in late, which slowed things down.  Some police officers didn’t fill the forms out, because they were told it was an invasion of their privacy, which was not the case.  Mr. Stowman stated it was an unfortunate stumbling block to overcome.

Ms. Lapinto thanked Mr. Stowman for his assistance in this matter.

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

On a motion by Mr. Herman with a second by Ms. Vavrek to approve the appropriations for the month of March in the amount of $46,398.16.

On page 3, Mr. Zerfoss questioned if the payment to Mary Brooks is for taxes.

Ms. Lapinto reported Ms. Brooks was not allowed to perform the audit but did some preparatory work for Henry Troese, who did the testing and finalized the audit.

Mr. Zerfoss asked Ms. Vavrek or Mr. Ragon what kind of work Bill Strong has been doing for the Miles’ case.  Mr. Zerfoss realizes Attorney Strong is the Solicitor for the Zoning Hearing Board but questioned why it’s so high.

Mr. German believes there is another case included.

President Wilshire stated that case is an appeal and requires more work.

Mr. Ragon added briefs need prepared and forwarded to the courts, plaintiff’s attorney, and Zoning Hearing Board.

Ms. Vavrek reported the Miles’ are appealing the decision of the Zoning Hearing Board.

Mr. Ragon announced the Miles’ want to have three apartments plus maintain a business in the dwelling on South Street.

Mr. Zerfoss questioned if the Borough can recoup the money spent on attorney fees.

Mr. Ragon commented the State does not allow that.

President Wilshire reported these are costs involved when Council wants to maintain a strong Zoning Ordinance. 

Mr. Zerfoss inquired what the Venango County Extension payment is for.

Ms. Lapinto stated that fee is for the Public Works employees to receive their pesticide license update.

Mr. German believes the figure in Mr. Rodney Sherman’s article on the front page of the Clarion News in reference to the grievances is low.  Mr. German asked for clarification on the ruling.  The decision was in the Borough’s favor but no specifics were given.

Mr. Herman suggested all Councilmembers receive a copy of the decision and thought a copy was received at the Borough.

Ms. Lapinto didn’t get the document but remembers Chief Hall notifying her the Borough won.

Chief Hall stated Mr. Herman and he received a copy via e-mail.

Mr. German asked Mr. Sherman how he got this information.

Mr. Sherman contacted the Chief about snow removal and asked for an update on that issue as well.

After discussion, the motion 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 and asked for any questions.

On the Budget Analysis Report, Mr. German asked if the occupation privilege tax should be renamed to Emergency Municipal Services tax.

Ms. Lapinto agreed and will change it.

President Wilshire announced a Work Session has been scheduled for March 28, 2005, at 5:00 p.m. at the Clarion Borough Offices.

President Wilshire asked Ms. Lapinto to discuss the Adelphia letter.

Ms. Lapinto reported Adelphia relayed by June 1st the interference experienced on certain channels will be corrected.  Adelphia also noted there is no rule that the PEG Channel must be on Channel 5.  It can be on any channel.  At first, Ms. Lapinto reminded Council Adelphia offered to reimburse the University $2,000 to adjust everything and has now offered an increased figure, which was not given.  Attorney Dan Cohen is following up on this issue.  Also, Attorney Cohen informed Ms. Lapinto out east Verizon is getting into the cable and television business.  Clarion Borough has a Right-of-Way Ordinance, which could affect the Borough.  Also, it would require another franchise agreement.

Mr. Herman inquired if Attorney Cohen shares Adelphia’s view that the PEG Channel does not have to be on a specific channel.

Ms. Lapinto commented Attorney Cohen stated Adelphia will not change Channel 5.  It now has a Pittsburgh station.

President Wilshire reported Adelphia sold the channel to that Pittsburgh station and that’s why it can’t be changed.

Mr. Herman asked if Council could form a committee to meet with representatives of the University to come up with a unified recommendation on the amount of money for reimbursement.  That way everyone would be on the same page.

President Wilshire asked Ms. Moore and Ms. Vavrek to do this and to contact Steve Selker at the University Computer Center to see who the appropriate representatives would be.

Ms. Vavrek commented CUTV is supposed to be located in the basic tier and recalls one of the complaints is it was relocated to Channel 19.

Ms. Lapinto informed everyone it was moved to Channel 15, which is in the basic package.

Ms. Moore noticed the interference on channels 8 and 11 will be resolved but wondered about channel 4.  It’s pretty bad at times, too.

Ms. Lapinto commented it should be corrected by June 1st.

On behalf of CUTV, Don Reicus, representative of CUTV, relayed any help from Council would be appreciated and thanked Councilmembers in advance.

Downtown Committee:  Ms. Moore announced a group of merchants, which would be referred to as the Downtown Revitalization Group, joined together with the common goal to revitalize Clarion’s Downtown District.  The group emphasized it is not a CABA or Chamber committee, although there are ties to it as far as memberships in those organizations.  The first meeting was held at Noon at the Loomis to hear Mr. Suzanne Gagliardo, a representative from the Pennsylvania Downtown Center, discuss a short-term plan and a long-term plan to revitalize the Downtown area.  The short-term plan is a membership in the Pennsylvania Downtown Center.  Ms. Moore feels the fee for Ms. Gagliardo’s services, suggestions, and attendance at future meetings was reasonable.  The long-term plan entails both time and money; and although the group doesn’t want to discard it, everyone feels something needs started now.  Ms. Moore reported the second meeting was at the Holiday Inn.  This was the first opportunity Ms. Moore had to see all the different businesses that attended, where it was evident none are really competing with another.  Ms. Moore pointed out Clarion has a very unique Downtown.  The stores sell to a certain clientele.  The group discussed a long list of concerns and topics.  Today most all families have two wage earners, which makes it difficult for him/her to get into the stores during normal hours of operation (9 a.m. – 5 p.m.).  However, it’s difficult for merchants to change the hours due to many being family-owned, meaning there is no one else to run the business.  Ms. Moore stated the group discussed contacting the University’s Small Business Department to possibly do newsletters.  Parking and clientele were also discussed.  Ms. Moore announced Ms. Gagliardo will be in the Library Meeting Room tomorrow evening at 6:00 p.m.  That meeting will focus on the topics and prioritizing everyone’s concerns.  Ms. Moore feels the Borough’s role is to help identify areas in which Council can assist the businesspeople.  Ms. Moore asked Mr. Crooks for additional comments.

Mr. Crooks thinks Ms. Moore gave a good report from the perspective of not working in the Downtown businesses day in and day out.

President Wilshire noted Ms. Gagliardo pointed out Downtown appeared to be in the third year of the Downtown plans, and feels Clarion is in pretty good shape, and is very enthusiastic about the basis of Clarion now.

Mr. Crooks shared the merchants are very concerned with the new mall that will be opening this fall near Harmorville.  One problem may be how Council could assist the businesses to become better or stronger.  These are some of the visions and goals the group must agree on.  The unique thing about the Main Street Program is you do not have to follow a list of requirements by the State but can prioritize and identify what the specific needs are for Clarion.

Mr. German asked what Council’s role would be.

For long-term planning, Ms. Moore stated the Borough can look into grants.  The Committee is still working on the parking.  The Downtown Revitalization Group wants a board comprised of merchants, Councilmembers, CABA, and Chamber representatives.

Mr. German inquired if the Downtown Committee could represent the Borough.

Ms. Moore stated yes but doesn’t know if Mr. Crooks would want to act as a Borough representative when he is also a merchant.

Mr. Crooks stated the Borough would have a very significant role, because any grant funding would be better coming from the Borough.  Merchants were happy four Councilmembers and Ms. Lapinto were present at the meeting.

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

Mr. Zerfoss reported there are quite a few potholes in the Borough.  Once the weather cooperates and conditions are appropriate, the Department will use the hot box to fix them.

Mr. Zerfoss announced Clean-Up Day is scheduled for May 14, 2005, the week after CUP’s graduation.  Last year, the Committee discussed the possibility of including the merchants in that service.  The Borough currently collects items for the landlords, and the Committee feels businesses are not much different.  Mr. Zerfoss personally believes the merchants should be included but stated the Committee would like feedback from Council before making a decision.

Before leaving Public Works, Ms. Moore pointed out Penn Dot is once again traveling too fast on Greenville Avenue when plowing snow, which results with the snow being thrown onto the residents’ sidewalks.  This creates a problem.

Mr. Zerfoss noted it occurs on Fifth Avenue also and reported Mr. Stutzman and he will meet with Mr. Marty Ferguson, a Penn Dot representative, to once again discuss this problem.

Public Safety:  Mr. Herman thanked the Public Works Department for putting up the stop signs on Second Avenue at Wood Street.

Housing and Zoning:  Ms. Vavrek commented the Housing and Zoning Report is in the packet for everyone’s review and asked Council to notice the Uniformed Construction Code Appeals Board did hold an organizational meeting on February 24, 2005.  This Board would only meet to act on any appeals that would come as a result of construction.  Meetings were scheduled for each Wednesday at 6:30 p.m. on an as-needed basis.

Ms. Vavrek reported Councilmembers received a sample agreement that will be with Guardian Inspection Services, the third-party agency for the Borough.  Councilmembers should review it; and before anything is signed, Solicitor Marshall will also review it.  The length will be one year.

Recreation:  Mr. German commented the Committee would like permission to secure RFP’s for a land survey of Paul A. Weaver Community Park.  For any further expansion, the Borough needs to know exactly where the property lines are located.  This was included in the budget.

On a motion by Mr. German with a second by Mr. Crooks, giving permission to secure RFP’s for a land survey at Paul A. Weaver Community Park, was carried with a vote of seven yea.

Mr. German read a letter from Mr. Tom Matticks, on behalf of Clarion Little League, to Council in reference to the upcoming baseball season.  In partnership with the Borough, Little League provides quality recreational opportunities for 400-450 children.  Opening day is Saturday, April 30th, with a rain date of Sunday, May 1st.  Mr. Matticks stated Little League would like to dedicate the opening day to the Borough and invites Borough Council to be recognized for making this possible for the children.  The ceremony will be held at the Little League Field at 11 a.m., with the games to begin at the conclusion.  Little League plans to then go to the Minor League Field to recognize, announce, and dedicate work made possible by the Michael Constantino Memorial donations.  Mr. German believes Mr. Matticks is asking all Council to try to make it to that ceremony so praise and thanks can be given to him/her and the community for giving the children the opportunity of the facilities at Paul A. Weaver Community Park.

Ms. Lapinto added it would be nice if Councilmembers could attend and everyone will be reminded in the future.

Mr. Crooks realizes it’s early to be discussing the pool but asked if the Recreation Committee intends to work with the YMCA again this year.

Mr. German commented that is the intention and stated the Committee will meet this month or the beginning of April.

Manager’s Report:  Ms. Lapinto asked for guidance on what Council wishes to do with the traffic signal at Eighth Avenue and Wood Street.  Last September, Penn Dot notified the Borough they would like to replace that light, which has been there since 1966.  That light has been a work horse.  Penn Dot has agreed to put in the light if the Borough would provide the engineering costs of $7,000, which was not available at that time.  Ms. Lapinto asked Penn Dot to wait until spring and was hoping to get a grant to complete it.  However, that did not happen.  Therefore, Ms. Lapinto asked Council for his/her opinion to pursue this project or not.

Mr. Crooks doesn’t feel it should be done.  The light works great.

Mr. German asked if the $7,000 is a study to do it.

Ms. Lapinto commented no.  The money would be for the engineering or actual design. 

If Council doesn’t do this now and the light quits working, Ms. Moore asked what happens.

Ms. Lapinto reported Penn Dot will not replace it.  The parts to repair the signal are no longer available.  Ms. Lapinto needs to contact Mr. Scott Snyder tomorrow to let him know Council’s wishes.

Mr. German verified the $7,000 doesn’t include the cost of a new light.

Ms. Lapinto stressed that will cover the engineering fees, and Penn Dot will pay for the new light.  Per discussion with Mr. Stutzman, the Borough would request Penn Dot install a light that would be activated by the sirens on the fire vehicles.

Mr. Crooks questioned if decorative poles would be used.

Ms. Lapinto tried to get those with the lights at Fifth Avenue and Main Street and Second Avenue and Main Street, but those poles couldn’t be put in due to the truck traffic.

Mr. Crooks stated there’s a lot of truck traffic in other places and they have decorative poles.

Ms. Moore agreed and noted Franklin is one of those places.

Ms. Lapinto pointed out Franklin’s streets are a lot wider than Clarion’s.

Mr. Crooks recalled the Public Works Committee discussing this before and thought Mr. Stutzman indicated he could get lights to replace them for that signal.

Mr. Zerfoss commented that light is one of the oldest, best-working lights in Clarion Borough.  However, the Borough is at the point now if something goes wrong the parts aren’t available.  If Ms. Lapinto can find a way to get the $7,000, then Mr. Zerfoss feels the Borough needs to do it.

If the Borough doesn’t do the engineering now and it quits work, Ms. Lapinto informed Council a new one would cost between $150,000-200,000, which Penn Dot will not pay later.

On a motion by Mr. Zerfoss with a second by Mr. German that Clarion Borough proceed with the engineering for the traffic light at Eighth Avenue and Wood Street, was carried with a vote of seven yea.

Old Business:  Mr. German asked the status of the handicapped parking space in front of the Post Office, which Council approved for a trial period of 60 days.

Chief Hall stated the spot is working well and is being used.  A lot of positive comments have been received.  The Committee is going to include that in the ordinance for the stop signs at Second Avenue and Wood Street.

Mr. German asked for an update on the sidewalk issue and Reinhard Village.

Ms. Lapinto met with Michael Keefer today.  Both have set the week of April 10th aside to work on the grant that Penn Dot discussed.

Mr. German recalled President Wilshire mentioning signage was going to be put up in the meantime.

After checking with Ms. Lapinto, President Wilshire discovered the area Penn Dot wishes to put up the signs is in the township.

Ms. Lapinto stated Mr. Keefer and she will pursue that more because Penn Dot promised temporary signage.

New Business:  There was none.

Correspondence:  There was none.

On a motion by Mr. Herman with a second by Mr. Crooks, the Council Meeting was adjourned at 7:54 p.m.

                     ______________________________

                     Carol Lapinto

                     Borough Secretary