Minute Index

September 6, 2005, Council Meeting

Citizen Comments:               None

Housing and Zoning:               Approved Mr. and Mrs. Kline

                     Proud’s Conditional Use Request

Administration:               Monthly Reports; Approved 2006

                     MMO’s for General Employees’

                     Pension Plan and Police Pension

                     Plan; Approved Resolution that No

                     Contributions Necessary for Police

                     Pension Plan; Approved to Sell

                     Borough Property; Adopted

                     Resolution to Change Cable from

                     Adelphia to Comcast Corp.;

                     Approved National MS Society’s

                     Special Event Request

Downtown Committee:            Discussed Parking Meters;

                     Permission to Advertise Parking

                     Meter Ordinance; Downtown

                     Workshop Discussed

Public Works:                  Tom Thompson Scheduled to

                     Return to Work; Monthly Report;

                     Brush Trimming Discussed; Leaf

                     Collection Discussed; Summer Help

                     Excellent

Public Safety:                  Permission to Advertise Ordinance

                     Amending Drug Task Force; Over-

                     time More Under Control;

                     Executive Session to be Held at End

                     of Meeting to Discuss Personnel

                     Relating to Police Department; No

                     Action to be Taken

Housing and Zoning:               Permission to Advertise Ordinance

                     to Change Zoning Map; Discussed

                     R-1 District Concern

Recreation:                  None

Mayor’s Report:               None

Manager’s Report:               Commended Chief and Officers on

                     Dealing with Unusual Situations;

                     Police Department Overtime in Line;

                     Energy Seminar; Gasoline Costs

Old Business:                  Status of Sale of Clarion Area

                     Authority

New Business:                  None

Correspondence:               Zoning Letters to be Handled by

                     Housing and Zoning Committee

Executive Session:               Personnel in Police Department; No

                     Action Taken

The regular scheduled meeting of the Clarion Borough Council was held on September 6, 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, Crooks, Ms. Vavrek, Ms. Moore, Mr. German, and President Wilshire.  Mr. Ragon, Ms. Lapinto, Chief Hall, and Mayor Smathers were also present.  Solicitor Marshall and Mr. Stutzman were absent.

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

The minutes of the August 2, 2005, Public Hearing, were approved on a motion by Mr. Herman with a second by Ms. Moore.  The motion carried with a vote of seven yea.

The minutes of the August 2, 2005, Council Meeting, were approved on a motion by Mr. Herman with a second by Mr. German.  The motion carried with a vote of seven yea.

Citizen Comments:  There were none.

Upon request, President Wilshire asked Ms. Vavrek to go ahead with the Proud Conditional Use Request.

Housing and Zoning:  Based on approval of the Planning Commission and Mr. Kline Proud’s presentation, Ms. Vavrek feels the rezoning of the Proud property located at 615 Wood Street to R-2 should be granted but cautions Mr. Proud to keep track of how many people are living in the apartments. 

On a motion by Ms. Vavrek with a second by Mr. Crooks to amend a conditional use request granted to Mr. and Mrs. Kline Proud so as to allow two-family occupancy as not more than three unrelated persons per dwelling.  The roll call vote resulted in the following tie, Mr. Zerfoss, no; Mr. Herman, yes; Mr. Crooks, yes; Ms. Vavrek, yes; Ms. Moore, abstained; Mr. German, no; and, President Wilshire, no.  The motion carried after Mayor Smathers voted yes to break the tie.

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

On a motion by Ms. Moore with a second by Mr. German, the appropriations in the amount of $49,843.70, were approved 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 purposes and asked Ms. Lapinto for any comments.

Ms. Lapinto reported a check for $40,000 for the Emergency Services Tax was received after the report was printed.  It will be hard to meet the projected figure this year.  Ms. Lapinto believes a large payment will be received in January.

President Wilshire commented Council needs to approve the 2006 Minimum Municipal Obligation, MMO, for the General Employees’ Pension Plan and asked Ms. Lapinto to discuss it.

Ms. Lapinto stated this is the annual MMO and $56,751 is what is required for the General Employees’ Pension Plan.  This is close to last year’s amount.  This is included in the budget, and the money comes from the State.

On a motion by Mr. Herman with a second by Mr. German, approving the 2006 Minimum Municipal Obligation for the General Employees’ Pension Plan in the amount of $56,751, was carried with a vote of seven yea.

President Wilshire informed everyone the MMO for the Police Pension Plan is $9,386, which is an increase of $2,000 from last year.

On a motion by Ms. Vavrek with a second by Mr. Herman to approve the 2006 Minimum Municipal Obligation for the Police Pension Plan in the amount of $9,386.  The motion was carried with a vote of seven yea.

President Wilshire commented Council needs to approve a resolution for the Police Pension Plan that no contributions are necessary.

On a motion by Mr. Herman with a second by Ms. Vavrek to approve Resolution #2005-217, a Resolution that no contributions are necessary for the Police Pension Plan.

Mr. German asked what that means.

Ms. Lapinto stated employee contributions are not necessary for the year 2006.  The State determines the formula to reimburse the Borough for each police officer and each general employee.  The State reimburses for police officers at a higher rate.  The police officers haven’t had to contribute for quite awhile.

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

President Wilshire asked Ms. Lapinto to discuss the sale of property located next to the Clarion Area Sewage Plant.

Ms. Lapinto announced the property is located in Clarion Township and, prior to the Council Meeting, asked Mayor Smathers to look at the deed to determine the size.

Mayor Smathers reported it’s about 1/5 of an acre.

Mr. Zerfoss stated the Borough won’t know until the bids come in what it is worth.  The Borough will have the right to reject any and all bids.

Ms. Lapinto pointed out Solicitor Marshall will have to prepare the paperwork and it will take a little while.

On a motion by Mr. Crooks with a second by Mr. Herman, to accept sealed bids for a piece of property the Borough owns located next to the Clarion Area Sewage Plant, was carried with a vote of seven yea.

President Wilshire asked Ms. Lapinto to explain the resolution in reference to Adelphia.

Ms. Lapinto reported Attorney Dan Cohen and Adelphia have agreed to the language in the resolution consenting the assignment and change of control of the cable franchise from Adelphia to Comcast Corporation.  All issues have been settled.  Ms. Lapinto received a check for the University and recommends Council adopt the resolution.

Mr. German asked the amount of money Adelphia reimbursed to the University.

Ms. Lapinto stated $6,970.

Mr. German questioned if the University is satisfied with that.

Mr. Herman commented yes.

On a motion by Mr. Crooks with a second by Ms. Vavrek, approving Resolution #2005-216, a Resolution of consent to assignment and change of control of Adelphia to Comcast Corporation, was carried with a vote of seven yea.

President Wilshire stated Council received a special event request from the National MS Society for permission to walk through town (2 routes) to be held on April 8, 2006.  This is a new request.  President Wilshire asked Chief Hall if he reviewed it.

Chief Hall stated it’s identical to the March of Dimes except the Society has a different route for disabled persons, which is the reason for two routes.

On a motion by Ms. Vavrek with a second by Mr. Crooks to approve the National MS Society’s special event request for permission to walk through Clarion Borough (2 routes) to be held on April 8, 2006, was carried with a vote of seven yea.

Downtown Committee:  Ms. Moore informed everyone there is a new map for the parking meters, which Council can follow with the Ordinance that is in the packet.  The Committee is aiming to have the meters in place before Autumn Leaf Festival.  Ms. Moore asked Ms. Lapinto for any comments.

Ms. Lapinto received the invoice for the meters, so they are on there way.  Last month, the finance information the Company provided was confusing.  After discussing it with a bank, Ms. Lapinto discovered the interest rate was 5.9%.  The letter stated the first annual payment will be due May 6, 2006, followed by monthly payments; when in fact, it was five annual payments of $17,000.  Ms. Lapinto has been able to get financing locally at 4.84%, and one bank hasn’t gotten back to the Borough yet.  Over 5 years, that will save the Borough $5,457.05.  Ms. Lapinto asked Council for approval to go with the lowest bank, which will have to go through Solicitor Marshall.

On a motion by Ms. Moore with a second by Mr. Zerfoss, giving permission for Ms. Lapinto to obtain financing with the lowest interest rate from a local bank, was carried with a vote of seven yea.

Mr. Crooks asked the status of the tokens.

Ms. Moore stated the tokens are still being looked into.  The Borough will get to design the token.  The cost has not been determined yet.

Mr. Crooks announced the merchants are very excited and would like to launch it over the Christmas season.

President Wilshire thought there was free parking in December.

Mr. Crooks reported that hasn’t been discussed yet but has usually been 2 weeks before Christmas.  The Borough could buy some blank tokens to use for the season and then design them later so there is not a delay.

Ms. Lapinto feels it’s important that people realize nickels, dimes, and quarters will all register time in the parking meters.  A person will get a fraction of time for a nickel or dime.

Several Councilmembers mentioned he/she were not aware that any coin registered.

Mr. German stated the Committee has 10-hour meters at 25 cents for 3 hours and inquired how a person gets the other hour.

Ms. Moore thinks there would be enough coin combinations to do that.

According to Mr. Stutzman, Ms. Lapinto stated the Duncan Meters representative reported the meters could be programmed to just take quarters but noted the Borough would contact the Company to change the software to take nickels and dimes.

Mr. German noted that obviously was a complaint from other communities.

Mayor Smathers stated a person could put two dimes and a nickel to equal a quarter, but that’s different than if a person can put in a dime or a nickel and get a dime or nickel’s worth of time.

Ms. Lapinto stressed a person would get a fraction of time for a nickel or dime.

Ms. Vavrek and Mr. Crooks thought a person could only use quarters.

Ms. Moore pointed out that was the original plan, but there were many complaints from the public.

Mr. German asked Mr. Herman and Mr. Zerfoss for their feelings on this issue.

Mr. Herman was not aware of that.

Ms. Lapinto informed everyone there were test meters on Sixth Avenue.  People complained that he/she put a nickel or a dime in and didn’t get any time.  To re-educate the entire Borough or anyone coming to this Borough stating the meters will only take quarters would be a problem.

Mr. German understands that theory and agrees but wondered if the Committee Members knew it.  Another question is the proposed ordinance states 3-hour zone on Fourth Avenue from Wood Street to Merle Road.  There are no meters there now.  Mr. German asked if Council will be told before the meters will be put up.

If the ordinance is adopted, Ms. Lapinto commented meters can be put up without notification.

Mr. Crooks still questioned who is going to determine the amount of time a person gets for a nickel or a dime.

Ms. Lapinto stated the meters will automatically be programmed and a person will get a fraction of time.

On a motion by Ms. Moore with a second by Ms. Vavrek to give permission to advertise an Ordinance amending Chapter 205 of Clarion Borough’s Code of Ordinances titled “Vehicles and Traffic”. 

President Wilshire asked for discussion.

Ms. Vavrek questioned if the amount of time has to be specified in the ordinance.

Mr. Herman reported the previous ordinance didn’t specify the times of the meters and it was recommended to keep it out.

Ms. Lapinto added Chief Hall also removed enforcement of meters on Saturday and Friday evenings.

If Council doesn’t like the amount of time, Mr. Herman announced Council can request software be written up to change it, at a minimal cost.

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

Ms. Moore reported on the Downtown Committee she attended a workshop where David Wright was invited and the Committee summarized what Clarion has, doesn’t have, and would like to have.  Ms. Moore asked Ms. Vavrek to explain further.

Ms. Vavrek commented merchants and people connected with the University attended this workshop and discussed the history, strengths, and weaknesses of Clarion Borough.  It was good practice, but there was no action taken.  Ms. Vavrek was pleased with the turnout and thought it was useful.

Public Works:  Mr. Zerfoss reported Tom Thompson has returned from Reserves and is scheduled to return to work on September 19, 2005.

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

Mr. Zerfoss announced the leaf collection is going to work differently this year.  Clarion Borough residents can drop off leaves at the designated location at the Public Works Building.  Collection will be open year round for all yard waste.  Mr. Zerfoss stated leaves, grass, and brush must be un-bagged.  The yard waste items will be used for composting.  It makes more sense to do it at the Department than to have to take all the equipment out to the Park to collect the leaves.  Mr. Zerfoss stressed the Borough doesn’t accept garbage.

Ms. Lapinto announced the summer help this year was excellent.  Adam Williams and Buddy Reed worked out extremely well.

Mr. Zerfoss commented Mr. Williams has worked for the Borough for 4 years and interned with the Borough last year.  Mr. Williams will not be returning next year.

Public Safety:  Mr. Herman reported an amended Drug Task Force Ordinance is in the packet for everyone’s review.  The language was changed to make the District Attorney’s Office operate it rather than the Attorney General’s Office.

Mr. German asked Mayor Smathers if he is okay with this.

Mayor Smathers agreed.

On a motion by Mr. Herman with a second by Ms. Vavrek, giving permission to advertise Ordinance No. 2005-734, an Ordinance to amend Chapter 12 of Clarion Borough’s Code of Ordinances titled “Drug Task Force”, was carried with a vote of seven yea.

Mr. Herman pointed out the Borough has been monitoring the overtime totals, both monthly and yearly.  Councilmembers should have noticed it is more under control.  The Chief has done a good job of scheduling.

Upon request of a Councilmember, President Wilshire stated there will be an Executive Session regarding personnel related to the Police Department at the end of the meeting. No action will be taken.

Housing and Zoning:   On a motion by Ms. Vavrek with a second by Mr. Crooks to give permission to advertise an ordinance amending the zoning map of the Borough of Clarion to change part of I-1, Industrial District, to an R-1, Single-Family Residential District.   The motion was carried with a vote of seven yea.

Ms. Vavrek reported several letters were received in reference to the R-1 District.  Mr. Ragon did contact Solicitor Marshall for clarification, who agreed one owner can live in a house and have two unrelated boarders. 

Ms. Vavrek informed Councilmembers an issue came up where the owners were the parents and a son.  The son is listed on the deed as an owner and can live in an R-1 District with two unrelated individuals.

Mayor Smathers verified the Songer property would qualify as an overlay district.

Mr. Crooks stated yes.

Recreation:  Mr. German had nothing to report.

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

Manager’s Report:  Ms. Lapinto commended Chief Hall and the officers, especially Officer Peck, for the unusual situations that were encountered this past month.  Chief Hall was concerned about the overtime, but Ms. Lapinto pointed out it was well in line. 

Ms. Lapinto stated Mr. Stutzman and she will be attending a free Energy Seminar put on by DEP on September 28, 2004. DEP is using Clarion Borough’s electric bills as a test community during the training to see if there is anyway to save money.

Ms. Lapinto met with Chief Hall and Mr. Curt Masters to discuss gasoline costs.  It will definitely affect the Borough’s budget.  It costs approximately $120 now to fill up a maintenance truck.  Unfortunately there is no way to get around using the vehicles.  The Borough can save by not operating the sweeper as much.

Old Business:  Mr. German asked for an update on the sale of Clarion Area Authority.

President Wilshire commented the sale is moving along and still anticipates closing by the end of the year.  Right now, right-of-way clearances are necessary before the sale can move forward.

Mr. German asked if there was any recourse if it’s not done in that period.

President Wilshire understands it will keep moving ahead.  It’s just taking longer than everyone thought due to the rights-of-way not being in place.  President Wilshire thanked Orv Lerch, Paul Weaver, and Randy Hannah, the Borough’s representatives on the Clarion Area Authority Board, for all their time and work.

Mr. Rodney Sherman, Clarion News, contacted Chuck Johnston, Pennsylvania-American Water Company representative, and was informed if it’s not closed by December 31st but is close it will continue moving ahead.

New Business:  There was none.

Correspondence:  President Wilshire stated the letters Ms. Vavrek mentioned are not going to be read but will be handled by the Housing and Zoning Committee privately.

President Wilshire called for an Executive Session concerning personnel for the Police Department, with no action to be taken, leaving at 8:02 p.m.

President Wilshire called the meeting back to order at 8:32 p.m. and stated the Executive Session concerning personnel in the Police Department and commented no action was taken.

On a motion by Mr. Crooks with a second by Mr. Herman, the Council Meeting was adjourned at 8:33 p.m.

                     ______________________________

                     Carol Lapinto

                     Borough Secretary