Minute Index

July 5, 2005, Council Meeting

Housing and Zoning:               Denied Mr. and Mrs. Kline Proud’s

                     Conditional Use Request

Citizen Comments:               Fran Bradley, Adelphia Representa-

                     tive, Discussing Cable Issues and

                     Transfer of Franchise Agreement to

                     Comcast

Administration:               Monthly Reports; Carol Lapinto’s

                     Retirement Notice; Work Session

                     Scheduled; Permission for Linda

                     LaVan to Attend PLGSA Con-

                     ference; Table Action on Resolution

                     of Consent to Assignment and

                     Change of Control of Adelphia to

                     Comcast Corporation

Downtown Committee:            Discuss Buying Parking Meters,

                     Timing, and Amount Charged for

                     Time; Postponed Action Until Next

                     Month

                     Approved Special Event Request

                     from Clarion Area Volleyball Team

                     and Clarion Conservancy for Food

                     Booth with Location to be

                     Determined

Public Works:                  Monthly Report; Negotiation

                     Meeting

Public Safety:                  Amanda Spangler’s Letter Resigning

                     July 1st; Chief Hall Discussed

                     Conference

Housing and Zoning:               Adopted Ordinance on Brush, Grass,

                     and Weeds and Trees

Recreation:                  YMCA Meeting to be Scheduled

Mayor’s Report:               None

Manager’s Report:               Discussed Conference; Grant

                     Funded; Meeting with Engineer on

                     Signal at Eighth Avenue and Wood

                     Street; Discussed Pennsylvania-

                     American Water Company and

                     Clarion Area Authority

Old Business:                  None

New Business:                  None

Correspondence:               None

The regular scheduled meeting of the Clarion Borough Council was held on July 5, 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, Crooks, Ms. Vavrek, Ms. Moore, Mr. German, and President Wilshire.  Mr. Herman was absent.  Mr. Ragon, Ms. Lapinto, Chief Hall, and Mr. Stutzman were also present. 

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

After the minutes, President Wilshire announced the Housing and Zoning Request will be given.

The minutes of the June 7, 2005, Public Hearing, were approved on a motion by Mr. German with a second by Mr. Crooks.  The motion carried with a vote of six yea.

The minutes of the June 7, 2005, Council Meeting, were approved on a motion by Mr. German with a second by Mr. Crooks.  The motion carried with a vote of six yea.

President Wilshire asked Ms. Vavrek to go ahead with the Housing and Zoning Report.

Housing and Zoning:  Ms. Vavrek stated Mr. and Mrs. Kline Proud have made application for Borough Council to reconsider a conditional use of property located at 615 Wood Street, which is the Commercial District.  In 1991, permission was granted to re-designate the property to R-1.  The Prouds are looking to change it now to R-3.  Sufficient bedroom space and parking spaces are available to fulfill the zoning regulations.  Ms. Vavrek made a motion to deny the request from Mr. and Mrs. Proud to change the property to R-3. 

Mr. Zerfoss seconded the motion.

Ms. Moore stated that dwelling has always had two apartments in it and seems foolish to make it R-1.

Ms. Vavrek commented it is R-1.

President Wilshire reported that is a condition, because that is in the Commercial District.

Ms. Moore stressed it’s had two apartments for over 60 years.

President Wilshire noted it can still have two apartments.  The number of occupants in each apartment is the difference.

Mayor Smathers thought the request was for R-2 designation.

President Wilshire informed everyone the request was for R-3, but the Planning Commission recommended R-2.

Mayor Smathers inquired if Council would consider R-2.

Ms. Vavrek announced she’s made a motion and there was a second so it’s up to Council to make a decision how he/she wishes to go.

Mr. Crooks asked Mr. Ragon if the dwelling could have a business on the first floor and an apartment on the second floor.

Mr. Ragon stated yes.  The new ordinance allows second-story dwellings in the Commercial District with conditional use approval.

Mr. Crooks questioned for how many unrelated people.

Mr. Ragon reported it would depend on available bedrooms, which must be 144 square feet per bedroom for one-person occupancy.  Maximum would be 4.  If the apartments are devoted to student housing, one parking space is required per occupant.

Mr. Crooks commented the applicants have the option to request R-2 instead of R-3 and asked if the Prouds would have to reapply?

President Wilshire stated yes, because of the similar situation last month.

If the Prouds requested R-2, Mr. Crooks inquired how Councilmembers would feel about that.

Ms. Vavrek personally feels it should remain the way it is.

President Wilshire prefers to stay with the R-1 designation.

Mr. German asked Ms. Vavrek to read the motion again.

Ms. Vavrek repeated the motion was to deny the request for R-3 and stated it should remain as the R-1 designation.

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

Mr. Ragon will forward the paperwork to Mr. Proud’s attorney.

Ms. Vavrek asked if President Wilshire wished her to give the rest of the report at this time.

President Wilshire commented it could be completed later.

Citizen Comments:  Mr. Fran Bradley, director of government and community relations for Adelphia, contacted Ms. Lapinto in reference to the article in the Clarion News labeling Adelphia as uncooperative and unresponsive to some requests made through Attorney Dan Cohen in June.  The last correspondence Adelphia had received was in February.  In the June letter, Attorney Cohen recommended Adelphia reimburse the University between $6,900-7,000 to cover expenses related to the channel change from 5 to 15.  Although Mr. Bradley cannot officially commit to those figures, Mr. Bradley feels it is a reasonable request.  Attorney Cohen also pointed out a concern with the quality of the picture of Channel 15, which shocked Mr. Bradley.  Channel 15 used to carry one of the Starz premium channels.  There was a piece of equipment placed in customer’s line that allowed him/her to receive that channel.  Since that wasn’t necessary any longer, Mr. Bradley thought a clean sweep was done to remove that equipment.  However, some may have been missed, which is the reason for reception problems.  Anyone experiencing any problems should contact Adelphia or the Borough Office, who will forward the message to Adelphia.  Mr. Bradley stated the start of all of this was because he had dropped off the FCC form requesting the Borough’s consent to transfer the existing franchise agreement from Adelphia to Comcast, the largest cable operator in the United States.  Anticipated closing is either late 2005 or early 2006.  Comcast is extremely community-minded and will be as good as Adelphia was before its bankruptcy.  Mr. Bradley asked Council either approve the transfer of the franchise agreement or to table action until the Borough and Adelphia have an opportunity to resolve issues.

President Wilshire asked if Comcast will continue to maintain ownership or if it will be transferred to another system in Pittsburgh.

Mr. Bradley stated the deal is structured so that Adelphia will sell the system to Time Warner Entertainment, who immediately will transfer it to Comcast.  Comcast currently owns 22% of Time Warner and under federal law that needs divested.  If Council approves the consent resolution, it would be contingent upon all necessary federal approvals.

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

On a motion by Ms. Vavrek with a second by Mr. Crooks, the appropriations in the amount of $74,395.81, were approved with a vote of five 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 purposes and asked Ms. Lapinto for any comments.

In reference to Mr. German’s question last month on the EMS Tax, Ms. Lapinto reported the Borough did receive $24,000 the day after the meeting and $27,000 will be received tomorrow.  The money is starting to filter in.

President Wilshire inquired if Ms. Lapinto believes it’s on schedule as to what was projected in the budget.

President Wilshire asked what the projected impact is on the budget this year.

Ms. Lapinto will do that but prefers to wait one more month.

President Wilshire read a short and not so sweet letter from Ms. Lapinto asking Council to consider the letter as her official notice of her intention to retire effective January 2, 2006, and doesn’t know what to say.

Mr. Crooks stated no.

Ms. Moore commented Council doesn’t have to vote on that tonight.

Ms. Lapinto reported yes.

Mr. Crooks noted President Wilshire is speechless.

President Wilshire agreed and entertained a motion to accept Ms. Lapinto’s retirement notice, with regrets, followed by discussion.

On a motion by Ms. Moore with a reluctant second by Ms. Vavrek to accept Ms. Lapinto’s retirement notice, with regrets, effective January 2, 2006.

President Wilshire informed everyone he’d like to meet with Ms. Moore, as the Administration Committee, to see what procedure the Committee wants to go in terms of replacement and encouraged all Councilmembers for his/her thoughts on a possible solution.

Mr. Crooks thinks the first thing Council should do is try to talk Ms. Lapinto out of it.  Clarion Borough needs Ms. Lapinto.  Mr. Crooks stated Ms. Lapinto is not done yet.

Ms. Moore admits she was shocked as well but, after talking with Ms. Lapinto, feels she’s ready.

Ms. Lapinto stated this is 6-months’ notice.  If Council fails to find anyone in 6 months, Ms. Lapinto will make sure that everything is completed and reports are done.  Ms. Lapinto is not going anywhere and stressed she will not leave the Borough struggling.  It’s a hard decision for her.  Ms. Lapinto was going to wait until later in the year to submit her letter but thought 6 months would be ample time to find someone.

President Wilshire feels most Councilmembers are speechless and added everyone really appreciates the contributions Ms. Lapinto has made for the Borough and the quality of life in the Borough.

Mr. Zerfoss stated Ms. Lapinto did a great job not only for the Borough of Clarion but for Little League and the Chamber.  If there were more time tonight, Mr. Zerfoss could have a list to thank her for.  Bottom line is out of all Councils that Ms. Lapinto has been with, Mr. Zerfoss has probably voted no more than anyone else but one of his yes votes was to make Ms. Lapinto Borough Manager, which was one of his best yes votes.  Mr. Zerfoss thanked Ms. Lapinto.  Mr. Zerfoss will vote no now and realizes it will not change the outcome but that way Ms. Lapinto can retire with a no vote.

After some discussion, the motion carried with a vote of five yea with Mr. Zerfoss voting nay.

President Wilshire informed everyone a Work Session is scheduled for July 25, 2005, at 5:00 p.m. in the Clarion Borough Offices, if necessary.

President Wilshire stated Ms. Lapinto informed him the next motion is just for Ms. LaVan to attend the PLGSA Conference to be held in Bethlehem, Pennsylvania, from August 17-20, 2005.

Ms. Lapinto pointed out it’s really an educational conference and wouldn’t benefit the Borough residents to pay for her when she will be retiring in 6 months.

Mr. German inquired the cost.

Ms. Lapinto commented $300-400.

On a motion by Ms. Moore with a second by Ms. Vavrek, giving permission for Linda LaVan to attend the PLGSA Conference to be held in Bethlehem, Pennsylvania, from August 17-20, 2005, was carried with a vote of six yea.

President Wilshire commented the next item is the Resolution of consent to assignment and change of control of Adelphia to Comcast and feels Council should table a motion tonight.

On a motion by Ms. Vavrek with a second by Ms. Moore to table Resolution No. 2005-216, a Resolution of consent to assignment and change of control of Adelphia to Comcast Corporation.  The motion carried with a vote of five yea with Mr. Zerfoss voting nay.

Downtown Committee:  Ms. Moore stated the Parking Meter Committee met to discuss how to handle the parking meters that no longer work.  After meeting with a Duncan representative, the Committee decided to buy the insides for the casings the Borough already has.  Instead of buying the meters piece meal, Ms. Moore suggested all the meters be replaced at one time, which is approximately 600.  Each one is $140, which Ms. Lapinto will discuss how to pay for it.  Maintenance is reasonable.  Each one takes a 9-volt battery, which needs replaced yearly at a cost of $2 per meter.  When the coil wears out, it costs $17 to replace it.  Councilmembers have to agree new meters are necessary.  Ms. Moore asked Ms. Lapinto to explain the finances.

Ms. Lapinto stated initially the company wanted to give the Borough $10 for each meter returned but now has agreed to pay $15.  The Borough will finance the new meters through Duncan with no payment being due until May.  Ms. Lapinto recommended the Borough establish a sinking fund, where the revenues from the meters will be deposited and used to pay off the cost.  The meters have been band-aided for years.  It was brought to light by having to have all the meters certified.  Rather than piece meal, the Committee recommended doing it all at once.

Ms. Moore commented Council needs to set meters for what is wanted.  The Committee felt the meters should take quarters only.  Two-hour meters will be placed on Main Street.  The cost will be 25 cents for an hour and 50 cents for 2 hours.  The meters on all the alleys from Main Street to Merle Road and Main Street to Madison Road will be 10-hour meters, charging 25 cents for 5 hours or 50 cents for 10 hours.  Parking lots will be 10-hour meters.  The Committee recommends eliminating permit parking.  Ms. Moore realizes this is a lot to absorb since there was no Work Session and asked for questions or suggestions.

Mr. Stutzman reported the 2-hour zone on Main Street involves all avenues from Main Street to Madison Road and Main Street to Merle Road; and the alleys from Merle Street to Wood Street, Madison Road to Liberty Street, and the parking lots are going to be 10-hour meters.

President Wilshire asked if it would be possible to put the proposal in writing and postpone action until next month.

Ms. Moore thought everyone had received a copy of the information.

Ms. Lapinto stated only the Committee received it.

President Wilshire feels the amount of time a person gets for the amount of money has to be a separate ordinance for enforcement.

Ms. Moore agreed.  This is actually two parts but has to be done together.

Mr. Crooks inquired how much a 10-hour meter would cost in a parking lot.

Ms. Moore stated 50 cents or 25 cents for 5 hours.

Mr. Crooks hates to see the diagonal parking on Sixth Avenue being 25 cents for 5 hours.

Mr. Stutzman pointed out those are 2-hour meters.  That is alley-to-alley from Merle Road to Madison Road.

Chief Hall added from Fourth Avenue to Eighth Avenue.

Mr. Crooks feels there should be 3 or 4-hour meters and questioned Liberty Street and Wood Street.

Ms. Lapinto stated it would cost 50 cents for 10 hours.

Mr. Crooks pointed out the lower meters in the Liberty Street parking lot are 25 cents now and are filled every day.  It would be a crime to make that all 5 hours for a quarter.  Mr. Crooks thinks some work needs to be done with people that know how fast these meters are getting turned over.  The income probably indicates a little bit, but Mr. Crooks stressed the equation isn’t right there.

President Wilshire asked if Ms. Moore would agree to put both proposals in writing.

Ms. Moore stated that’s the only thing the Committee can do at this point.

President Wilshire feels it would give everybody a chance to reflect and added he feels that is the way to go in terms of replacing all the meters.

Mr. German verified the Borough’s replacing 600 meters at $140 from Duncan Meters.

Ms. Moore reported the Borough only has 566 meters but 600 will allow for extras.

Mr. German asked if Duncan Meters is the only company that does this.

Ms. Lapinto commented other companies were contacted, but Duncan can use the Borough’s casings.

Mayor Smathers inquired the logic behind getting rid of parking permits.

Ms. Moore informed everyone the college students have stopped buying permits because there are more permits sold than there are parking spaces.  Other people have quit buying them for some reason.

President Wilshire inquired what the downside is to keeping the permits.

Ms. Lapinto stated the costs will need re-evaluated.

If permit parking continues, Mr. Zerfoss commented it’s a waste of money to have meters and then allow permit parking.  Maybe 20 spaces should be set aside for permitted parking.

Mayor Smathers thinks permits are used by seniors and other people for convenience.

Mr. Ragon reported most permits are purchased by the banks and a couple businesses for his/her employees.

Ms. Lapinto added one resident gets one.

Mr. Crooks asked if the Committee discussed the timing of meters.  Right now, meters are enforced from 9 a.m. – 5 p.m.  A lot of people use those spaces after 5 p.m.

Mayor Smathers pointed out meters aren’t to raise revenue; it is to control parking.  If anything, people should be encouraged to shop in the evening.  Mayor Smathers doesn’t think people should have to keep feeding the meters.

President Wilshire thanked the Committee for their work and definitely feels Council is heading in the right direction.  It can be brought up for a vote next month.

Before moving into Public Works, President Wilshire stated a special event request was given to Councilmembers tonight for a food booth on the corner of Sixth Avenue and Main Street for the Clarion Area Volleyball Team and Clarion Conservancy for July 23, 2005, from 11 a.m. – 5 p.m. and asked Ms. Lapinto for additional information.

Ms. Lapinto commented that coincides with the cruise-in event.

Ms. Vavrek reported it’s part of the Downtown Revitalization, under the umbrella of the Conservancy.  The volleyball team is going to sell food at the same time as the car event.  Clarion Area School District will provide the insurance certificate.  Funds will be shared by both entities.

President Wilshire asked what corner of Sixth Avenue.

Ms. Vavrek assumed it was beside Sage Meadow.

Ms. Lapinto thought it was the other corner.

President Wilshire stated this request needs approved tonight and asked if Ms. Vavrek could find out the actual location.

On a motion by Ms. Vavrek with a second by Mr. Crooks to approve the special event request by the Clarion Area Volleyball Team and the Clarion Conservancy for a food booth on the corner of Sixth Avenue and Main Street, location to be determined by Ms. Vavrek, to be held July 23, 2005, from 11 a.m. - 5 p.m.  The motion carried with a vote of six yea.

Mr. German inquired if the cruise-in event is going to be an annual event.

Ms. Lapinto doesn’t believe so.  People are coming from Niagara Falls and Pittsburgh.  There are no outside vendors.  Ms. Lapinto understands Clarion dollars were going to be given to people to use at local restaurants.

Ms. Vavrek agreed the original pitch was for people coming in to take advantage of what was here in Clarion.

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

Mr. Zerfoss reported the Public Works Committee (without employees) has a meeting tomorrow at 8 a.m. to begin negotiations on the Contract.  The Public Works employees will meet with Ms. Betty Fischer, Teamster representative, for initial discussions.  Then a meeting will be scheduled with both parties.

Public Safety:  Ms. Vavrek, in the absence of Mr. Herman, commented Amanda Spangler submitted a resignation letter to Chief Hall, effective July 1st, and apologized for not giving a 2-week notice.  Ms. Spangler notified Council previously of her intent to go to nursing school, who was offered a nurse’s aide position recently.

Ms. Lapinto reminded everyone last month Council accepted Ms. Spangler’s resignation effective September but then this position came up.

Ms. Vavrek asked Chief Hall for a summarization of the conference he attended.

Chief Hall attended the Command Institute for Police Executives, which dealt with contemporary issues affecting police chief and police agencies throughout Pennsylvania.  It was a week worth of lectures by lawyers on issues such as collective bargaining, legal issues concerning internal affair investigations, employee rights, and disciplinary matters.  Also, two state police majors discussed their organization and internal affair investigations.

Housing and Zoning:  On a motion by Ms. Vavrek with a second by Mr. Zerfoss, adopting Ordinance #2005-733, an Ordinance amending the provisions of Clarion Borough Ordinance #99-691, known as the Code of the Borough of Clarion, Chapter 69, Brush, Grass, and Weeds, and Chapter 199, Trees, carried with a vote of six yea.

Recreation:  Mr. German asked Ms. Lapinto to schedule a meeting with the YMCA.

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

Manager’s Report:  Ms. Lapinto stated the conference she attended had a presentation on Verizon coming up with fiber optics to the home.  This program started out east and should be in the area in the next couple years.  In the near future, Clarion Borough will have to negotiate a franchise agreement with Verizon.  Another class was with a school resource officer in the schools at Lancaster.  Ms. Lapinto informed Chief Hall it was very interesting.  The position is funded through the Cops Program.  The individual explained he drives his own car and dresses like the faculty but carries a weapon.  If there is an incident in the Borough, he leaves the high school, if possible, to assist.  Once school is out, the individual goes back on his shift with the department in uniform.  Ms. Lapinto stated the principal from Elizabeth School District presented a very detailed diagram of when to involve the police in situations at the school.  This information was passed onto Chief Hall.  It pointed out what has to take place in order to notify the police.  Ms. Lapinto attended one on downtown revitalization.  A lot of small communities cannot raise the matching funds but are still able to apply for grants.  Ms. Lapinto presided over two meetings on the long-term budget.

Ms. Lapinto received good news today that the grant for $138,000 was funded.  As soon as the contract arrives and is sent back in, the next storm sewer project, which is at Sixth Avenue and Elss Street, can begin.

Ms. Lapinto informed everyone Mr. Stutzman and she will be meeting with the engineer and Penn Dot on the traffic signal at Eighth Avenue and Wood Street.  It will start at the office and proceed to the site.

Mayor Smathers inquired if the Borough is having any interaction with Pennsylvania-American Water Company and Clarion Area Authority.

Mayor Smathers questioned if the Borough has been requested to do anything special.  Inotherwords, no outstanding issues the Borough has with Clarion Area Authority will hold up the sale.

Ms. Lapinto and President Wilshire both are not aware of anything.

Mayor Smathers asked about right-of-way issues.

Ms. Lapinto stated Kopko Engineering is recording all the rights-of-way and referred this question to President Wilshire, who has had more direct contact with them.

President Wilshire stressed the Borough is working in cooperation with the entities.  The hold up is everyone thought the rights-of-way were in place, when in fact some were not.  Therefore, the rights-of-way are being recorded now.  Anticipated closure is by the end of the year.

Old Business:  There was none.

New Business:  There was none.

Correspondence:  There was none.

On a motion by Ms. Vavrek with a second by Mr. Crooks, the Council Meeting was adjourned at 8:14 p.m.

                     ______________________________

                     Carol Lapinto

                     Borough Secretary