Minute Index

May 3, 2005, Council Meeting

Citizen Comments:           Bob Stowman In Re Contract

              Negotiations, Official Impression,

              and Civil Rights’ Violation Issues;

              Update on Police Contract

Administration:           Monthly Reports; United Way of

              Clarion County’s Special Event

              Route Approved; ALF Special

              Event Request Held Off Until Next

              Month; Approved Donating $750

              for I Love Clarion Fireworks; Work

              Session to be Rescheduled or

              Canceled; Executive Session to be

              Held at End of Meeting

Downtown Committee:         None

Public Works:             Monthly Report; Pothole Patching

              Discussed; Opening Ceremony at

              Paul A. Weaver Community Park;

              Parking Meters Discussed; Tom

              Thompson Called to Active Duty;

              Municipal Authority Project

              Discussed; Clean-Up Day Reminder;

              Awarded Summer Paving Project to

              Hager Paving; Accepted Low Bid of

              County Environmental for Clean-Up

              Day Services

Public Safety:             Ordinance on Handicapped Parking

              Space and Stop Signs on Second

              Avenue to be Approved Next Month;

              Little League Association Thanked

              Council and Public Works Depart-

              ment at Opening Ceremonies;

              University Athletic Department

              Annual Clean-Up Day Appreciated

Housing and Zoning:           Monthly Report; Approved One-

              Year Contract with Guardian

              Inspection Services

Recreation:             Pool Update; Accepted EADS

              Group’s Bid to Do Survey at Paul

•  Weaver Community Park

Manager’s Report:           Gave Permission for Ms. Lapinto to

              Attend PSAB Annual Conference;

              Engineering Bids for Traffic Signal

              at Wood Street and Eighth Avenue

              Due Next Week

Old Business:             Borough/University Meeting Held In

              Re Adelphia Cable

New Business:             Proposed Bill in Pennsylvania Legis-

              lature Changing UCC to Allow

              Residents to Choose Inspectors to

              Complete Inspections

Correspondence:           None

Executive Session:           Personnel; No Action Taken

The regular scheduled meeting of the Clarion Borough Council was held on May 3, 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, Ms. Vavrek, Ms. Moore, Mr. German, and President Wilshire.   Mr. Crooks was absent.   Ms. Lapinto, Solicitor Marshall, Mr. Ragon, and Mr. Stutzman were also present.   Mayor Smathers and Chief Hall were absent.

President Wilshire noted Mayor Smathers is out-of-town and has designated him as acting Mayor.   Therefore, unless there is a tie, President Wilshire will only be conducting the meeting.

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

The minutes of the March 28, 2005, Special Council Meeting, were approved on a motion by Ms. Moore with a second by Ms. Vavrek.   The motion carried with a vote of five yea.

The minutes of the April 5, 2005, Council Meeting, were approved on a motion by Mr. Herman with a second by Ms. Moore.

President Wilshire asked for any discussion or corrections?

Ms. Moore commented the Downtown Revitalization Group will meet the second Thursday of each month not the second Tuesday.

Noting the correction, the motion carried with a vote of five yea.

The minutes of the April 25, 2005, Work Session, were approved on a motion by Ms. Vavrek with a second by Mr. German.   The motion carried with a vote of five yea.

Citizen Comments :   Mr. Bob Stowman, representative of the FOP, has been representing the Bargaining Unit for the Clarion Borough Police Department in the contract negotiations.   Councilmembers may recall Mr. Stowman attended a Council Meeting a couple months ago to still some rumors that the contract negotiations were a mess and it was going to arbitration.   Mr. Stowman wasn’t concerned at the time where that information came from although he now thinks he knows.   With the help of Borough Councilmembers, as far as Mr. Stowman is concerned, a contract was reached and feels once everyone reviews it, within the next couple days, it can be put in writing and settled.   During the course of these proceedings, there was an action by a Borough official and a police officer, neither one present, which amounts to an unfair labor practice.   According to the FOP’s legal counsel in Harrisburg, it was the option of the local FOP members on whether to file an unfair labor practice or not.   However, in the interest of settling the contract, the members agreed, upon Mr. Stowman’s recommendation, not to do that.   It not only would have been a very costly process but would likely have forced the contract negotiations into arbitration, which would have been rather expensive.   As a result, hopefully everyone can see that even though both sides may go into an adversarial proceeding it isn’t because both sides hate each other or can’t work together; it’s just because both sides have a different opinion about certain issues.   Communication can resolve these differences and accomplish a lot.   It will enable the Borough to be better served and let the policemen better serve the Borough of Clarion.   Mr. Stowman announced this lead to a statement being made by a Borough official, who again is not in the room, stating that he was going to do an investigation on him because he didn’t like him.   That person understood Mr. Stowman was not well liked in Brockway either.   Mr. Stowman explained Brockway is a little town about 35 miles north of Clarion and agreed some people probably didn’t like him because he was in law enforcement for 30 years.   That is just the nature of the profession.   The person that made the comment doesn’t know Mr. Stowman and neither have been introduced to each other.   While negotiating the contract, Mr. Stowman asked the Councilmembers involved if anybody in Clarion Borough Council authorized an investigation of him and asked all Councilmembers the same question tonight.   Hearing nothing to the contrary, Mr. Stowman assumes no one did.   The question now is why.   It’s an unauthorized investigation.   Mr. Stowman has not committed a crime and lives in Brockway.   The person who stated he was going to be doing an investigation has no authority to do that and would be acting under color of uniform.   Mr. Stowman doesn’t know if it was done for intimidation purposes, because it was related to Mr. Stowman doing contract negotiations, but he doesn’t get easily intimidated.   What this amounts to is official impression, which Mr. Stowman informed everyone all information in reference to this issue is going to be turned over to the Attorney General’s Office for investigation. In addition, the same person engaged in the unfair labor practice with one of the patrolmen during a civil proceeding.   Interference with union labor negotiations is a civil rights’ violation, and this will be turned over to the Federal Bureau of Investigations.   Mr. Stowman doesn’t take these kind of issues lightly.   It’s an abuse of power by the person involved.   If an investigation was started, then Mr. Stowman will be forced at that point to ask for an audit of the Borough’s Clean System, NCI System, J-Net System, and the Penn Dot System to determine if his name was in fact run by someone within the Clarion Borough Police Department.   If it was, Councilmembers should know that will result in that officer’s rights to use that system being suspended.   That becomes unfortunate because should that officer be out doing a patrol, want to run a license plate or to check somebody, he will not be able to do it.   Mr. Stowman thanks the members of Council who served on the negotiating committee, members of Council, and the Borough Manager for his/her cooperation, which was appreciated.   The officers appreciated it also.   Mr. Stowman thinks everyone will wind up with a document everyone can live with.   Not everyone gets everything he/she wants in negotiations, but the job was done, saving a lot of money in the process.   Again, Mr. Stowman thanked all Councilmembers for giving him time to express himself.

Mr. Herman asked President Wilshire if he could discuss the Police Contract at this time rather than waiting until Public Safety.

President Wilshire stated that would be fine but asked Mr. Stowman if he could specify who he is talking about since there are a number of people absent.

Mr. Stowman stated several people have called from Clarion and expressed his/her concern that this issue is political.   Mr. Stowman could care less about politics in Clarion Borough.   It doesn’t mean anything to him.   Mr. Stowman doesn’t live here, pay taxes here, nor care who is in office or what party he/she is.   There’s a whole area of wrong doing that will be brought up over the next 2-3 weeks or months that involves fixing arrests and just a general abuse of power.   Without being specific on what Mr. Stowman is saying about anyone, Mr. Stowman stated the Mayor and Chief of Police.   There’s also a member of the Bargaining Unit that is involved to some extent, but that will be handled by the FOP in-house and not by Clarion Borough.

Mr. Herman intended to announce during Public Safety that a tentative Police Contract was reached.   It will be a 4-year contract.   The proposed language still has to be put into the Contract, but the Bargaining Unit has a copy of the changes to review.   If that language is satisfactory, Council will get a copy to review as well.   If everyone is in agreement, then Mr. Herman feels the Committee will request a Special Council Meeting to ratify the Contract on the Borough’s side.   As chair, Mr. Herman thanked all Committee members and Ms. Lapinto and thinks everyone had a lot of input, thanked the Bargaining Unit to be willing to discuss a lot of complex issues and get them out in the open so everyone could have a good honest discussion, and thanked Mr. Stowman who listened to a lot of issues on both sides and tried to bring both sides together.   Mr. Herman is appreciative for everyone’s effort and believes the language will be acceptable.

President Wilshire thanked Mr. Stowman, Mr. Herman, and the Public Safety Committee for all their work.

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

On a motion by Mr. Herman with a second by Ms. Vavrek, approving the appropriations in the amount of $59,984.99, was carried with a vote of four 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 Ms. Lapinto for comments.

Ms. Lapinto pointed out the Transaction Report contains several pages of Public Solicitation permits, which are for Farmer’s and Crafter’s Day.   It involves a lot of work.

President Wilshire asked for an update on the United Way of Clarion County’s route.

Ms. Vavrek stated a meeting was held with members of the United Way, as well as Bill English, who mapped out the route for the organization, Chief Hall, Mr. Stutzman, and Ms. Lapinto.   After discussion, everyone decided to allow the original route submitted, which would close Main Street from Second Avenue to Ninth Avenue.   One reason the group decided to leave it this way was the United Way had done it for 21 years and the money raised stays in Clarion County.   Some members felt strongly that United Way should be permitted to hold the event during Autumn Leaf.   Ms. Vavrek commented United Way is going to have cash prizes this year and anticipate 200 runners.   This would be a test year to see if United Way is able to keep up the momentum for the event.  

On a motion by Ms. Vavrek with a second by Mr. Herman to approve the United Way of Clarion County’s special event route, closing Main Street from Second Avenue to Ninth Avenue, for their annual race.

Ms. Moore thought it was only closed to Eighth Avenue.

Mr. Herman stated it was agreed to go to Ninth Avenue so University personnel could assist.

Ms. Vavrek noted the event will begin at 9 a.m. and is expected to be over by 9:30 a.m.   Traffic should not be that bad at that time of the morning.

Mr. Herman added United Way stressed that they have secured a major sponsor, which enables the United Way to pay the winner with cash prizes instead of a t-shirt or trophy.   This is a step up for the organization and will put Clarion on the map for the day for that kind of race.   Since the University football team is out-of-town that weekend, Mr. Herman reported the participants will be able to use the stadium parking lot, walk to Second Avenue, complete the race, and return to the stadium for awards and prizes.

Ms. Lapinto informed everyone the Junior Olympics will follow that event, and the United Way is hoping the runners will stay for the opening ceremony.

Mr. German asked if the area to be blocked off will be done by the Public Works Department.

Ms. Vavrek stated yes.   The race will be the same route used for Autumn Leaf Festival, which was another reason everyone thought it could be accommodated.

Mr. German inquired if Council will receive a cost analysis afterwards.

Ms. Lapinto commented yes.

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

President Wilshire reported Councilmembers received two letters tonight from the Clarion Area Chamber of Business and Industry.   The Autumn Leaf Festival special event request will be handled next month.   The other request was for the Borough’s annual $750 donation for the I Love Clarion Committee for fireworks.   President Wilshire believes this is a positive event and people get his/her money’s worth.

On a motion by Mr. Herman with a second by Ms. Vavrek to approve the Clarion Area Chamber of Business & Industry’s request for a $750 donation for the I Love Clarion fireworks to be held on July 3, 2005.   The motion was carried with a vote of five yea.

President Wilshire commented the Work Session is scheduled for May 23, 2005, but noted he would be out-of-town.   If a Work Session is necessary, it will have to be rescheduled.

President Wilshire stated he will be calling an Executive Session at the end of the meeting for personnel.

Downtown Committee :   Ms. Moore had nothing to report.

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

Mr. Zerfoss asked Mr. Stutzman to discuss pothole patching.

Mr. Stutzman stated there are a lot of holes that need filled.   The Department hasn’t had a chance due to being short one worker and the closest plant to get material was in Reynoldsville.   The plant in Shippenville opened Tuesday, so the Department will now be able to patch the holes.

Mr. Zerfoss noted the stored pieces of asphalt were already used.

Mr. Zerfoss announced most of the Councilmembers were at Paul A. Weaver Community Park on opening day.   It was a nice ceremony and the ball games are currently going on.

Mr. Zerfoss asked Ms. Moore to give an update on parking meters.

Ms. Moore stated the parking meters were changed in the vicinity of CNB Bank.   Short-term meters are on Main Street and long-term were moved to Fourth Avenue.

Mr. Zerfoss commented the Public Works Department is removing the meters to have them checked for accuracy.

Mr. Stutzman informed everyone close to 200 meters were pulled.   The meters need numbered and it’s quite a procedure to calibrate them.   It’s estimated Tuesday would be the earliest to get the results.  

Mr. Zerfoss reported Mr. Tom Thompson was called to active duty.   The Committee met and decided not to replace Mr. Thompson at this time.   Since there are not too many in-house projects this year, it will be cheaper paying overtime than hiring someone and eventually paying unemployment after Mr. Thompson returns.   The Committee will keep an eye on this situation.  

President Wilshire inquired if the municipal authority is going to repair the road in the Troese Addition.

Ms. Lapinto stated a complete overlay will be done when the project is finished.

Mr. Herman asked if there was a timeline for that project.

Mr. Stutzman reported the laterals should be finished this week and then the base material will be put in the ditch area.   It will settle for a couple weeks and then the entire thing will be overlaid.

Mr. Zerfoss reminded everyone Clean-Up Day is May 14, 2005.   Residents must place items at curbside the night before.   Brush and limbs will be taken Monday through Friday only.   Residents should contact the Borough Office when the brush and limbs are ready for pick up.

Mr. Zerfoss stated the paving bids were opened today for this year’s Summer Paving Project, which is Wood Street from Second Avenue to Fourth Avenue.   Three bids were received from the following: IA Construction, $32,066.80; Glenn O. Hawbaker, $34,289.20; and, Hager Paving, $29,446.90.

On a motion by Mr. Zerfoss with a second by Ms. Moore, awarding the Summer Paving Project to Hager Paving in the amount of $29,446.90, with approval of the paperwork by the Solicitor and Ms. Lapinto, was carried with a vote of five yea.

Mr. Zerfoss commented Tri-County Industries and County Environmental submitted bids for Clean-Up Day services.   County Environmental’s bid was cheaper.

On a motion by Mr. Zerfoss with a second by Ms. Moore to accept the bid of County Environmental of $455 for transportation per truck, $225 per load hauling, and $33 per ton of waste disposal to provide services for Clean-Up Day.   The motion carried with a vote of five yea.

Public Safety :   Mr. Herman stated the ordinance on the handicapped parking space and stop signs on Second Avenue cannot be approved until next month due to advertisement requirements.   If possible, it could be approved at the Special Council Meeting.  

Mr. Herman thanked the Little League Association for inviting Council to the opening ceremonies.   The Association was thankful of everything Council, and especially the Public Works Department, did out at the fields, which Mr. Herman echoes.

Mr. Herman thanked the Clarion University Athletic Department and Varsity, Intercollegiate and Athletic teams who participated in their annual clean-up day throughout the Borough of Clarion.   The Public Works Department then collected the bags of garbage.   The Borough really appreciates this service.

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

Ms. Vavrek stated Councilmembers were given a copy of the contract with Guardian Inspection Services in reference to the Uniform Construction Code at the Work Session.   The contract will be one year beginning from today’s date, if approved.   Guardian Inspection Services will complete necessary inspections for anyone in the Borough and will answer any planning questions for homeowners as well.   The contract has been reviewed by Solicitor Marshall.

Mr. Ragon informed Council the official date of the contract will be June 1 st .   This will allow time for the Borough representatives to sit down with Guardian Inspection Services inspector and get all the paperwork in place.

On a motion by Ms. Vavrek with a second by Mr. Crooks to approve the contract with Guardian Inspection Services for one year beginning June 1 st .  

Mr. Zerfoss pointed out he will vote no but only to stay consistent with his feeling this was bad legislation.

The motion was carried with a vote of four yea with Mr. Zerfoss voting nay.

Recreation :   Mr. German reported the Committee met with the YMCA to make sure everyone is on the same page for the upcoming season.   Pool passes are now on sale at the Borough Office.

On a motion by Mr. German with a second by Mr. Herman, accepting the low bid from the EADS Group in the amount of $2,600 for the survey of Paul A. Weaver Community Park, was carried with a vote of four yea with Mr. Zerfoss voting nay.

Mr. German asked Ms. Lapinto to contact EADS tomorrow to get things started.

Ms. Lapinto commented EADS has to sign some paperwork but stated it should be done rather quickly.

Mr. German noted it should be completed in about 3 weeks.

Manager’s Report :   Ms. Lapinto requested permission to attend the PSAB Annual Conference from June 18-22, 2005, in Hershey.   The Borough’s Association will pay for Ms. Lapinto’s mileage and part of her lodging.

On a motion by Mr. Herman with a second by Ms. Vavrek, giving permission for Ms. Lapinto to attend the PSAB Annual Conference from June 18-22, 2005, in Hershey, was carried with a vote of five yea.

Ms. Lapinto informed everyone the engineering bids for the traffic signal at Wood Street and Eighth Avenue are due at the beginning of next week.   Those results will be available at the next Council Meeting.

Old Business :   Mr. German inquired if the meeting was held with the University on Adelphia cable.

Ms. Lapinto commented Ms. Moore, Ms. Vavrek, and she met with representatives from Clarion University to get a list of their concerns.   The University is supposed to give Ms. Lapinto some figures on how much it will cost to redesign.   As soon as that information is received, Ms. Lapinto will proceed.

Ms. Moore was surprised the figures weren’t prepared for the meeting and informed Mr. Zerfoss residents can expect an upgrade of the Pittsburgh channels in the month of June.

New Business :   Solicitor Marshall informed Council it’s his understanding there is a pending bill in the Pennsylvania Legislature that the UCC will allow individuals who apply for a permit to select a company or individual that has the proper certifications from the state to do inspections regardless of whether or not the Borough has hired someone as the sole person or group to do these inspections.   Some agencies, like Guardian Inspection Services, are requesting letters be sent to state representatives in opposition to the proposed bill.   If Council decides to do that, Solicitor Marshall would be happy to give Council the information.

President Wilshire asked Solicitor Marshall to get some of the information together for the Housing and Zoning Committee to review.

Solicitor Marshall will do that.

Ms. Vavrek verified residents would still be required to contract with a certified individual.

As long as the individual has the proper certifications required by the State, Solicitor Marshall understands the resident can choose whoever he/she wants.

Correspondence :   There was none.

President Wilshire called for an Executive Session to discuss personnel, including Ms. Lapinto and Solicitor Marshall, beginning at 7:49 p.m.

Mr. Rodney Sherman, The Clarion News , asked if any action is anticipated following the Executive Session.

President Wilshire stated none is anticipated.

If the meeting is adjourned, Solicitor Marshall commented no action can be taken.

President Wilshire pointed out Council never adjourns because Council has to come back after the Executive Session.

President Wilshire called the meeting back to order at 9:15 p.m. and stated the Executive Session concerned personnel with no action taken.

On a motion by Mr. Herman with a second by Mr. German, the Council Meeting was adjourned at 9:15 p.m.

              ______________________________

              Carol Lapinto

              Borough Secretary