January 3, 2006, Council Meeting

Summary of Action Taken

Citizen Comments:               None

Administration:               Monthly Reports; Approved 2006

                     Council Meeting and Work Session

                     Dates: Committee Assignments

                     Announced

Downtown Committee:            None

Public Works:                  Monthly Report; Traffic Light at

                     Eighth Avenue and Wood Street

                     Discussed; Parking Meter Problems

Public Safety:                  Permission to Advertise for Two

                     Meter Enforcement Officers; Police

                     Officers Temporarily Assigned to

                     Issue Tickets

Housing and Zoning:               Planning Commission to Review

                     Proposed Zoning Changes

Recreation:                  Suggested Regional Outlook for

                     Funding at Park

Mayor’s Report:               Glad to be Aboard; Report Next

                     Month

Manager’s Report:               None

Old Business:                  None

New Business:                  None

Correspondence:               Thank You Note from Residents of

                     Robinwood Drive for Streetlight;

                     Thank You Note from Mary Lou

                     Delaney for Gift Certificates for

                     Retirement Gift

Minutes

The regular scheduled meeting of the Clarion Borough Council was held on January 3, 2006, in the Assembly Room of the Clarion Free Library.

President Wilshire called the meeting to order at 7:05 p.m.

Councilmembers present included Messrs. Zerfoss, Herman, Ms. Leonard, Ms. Vavrek, Ms. Moore, Mr. German, and President Wilshire.  Chief Hall, Ms. Freenock, Mayor Stroup, Mr. Ragon, and Mr. Stutzman were also present.   Solicitor Marshall was absent.

The minutes of the November 28, 2005, Special 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.

The minutes of the December 6, 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.

The minutes of the December 20, 2005, Special Council Meeting, were approved on a motion by Ms. Vavrek with a second by Ms. Leonard.  The motion carried with a vote of seven yea.

Citizen Comments:  There were none.

Administration:  President Wilshire presented the appropriations for the month of January and added the auditor’s bill will be held due to work that needs completed on the 2004 Audit.

On a motion by Ms. Vavrek with a second by Mr. Herman appropriations for the month of January were approved, excluding the auditor’s bill. 

Prior to a vote, Mr. Zerfoss questioned Mr. Ragon on the payment to Solicitor Bill Strong and asked for an update.

Mr. Ragon reported the Zoning Hearing Board has been meeting about every month.  The Miles’ appeal is continuing.  A hearing was held and the Judge gave each attorney 30 days to prepare a brief as to what each considers the basis of the appeal and how it should go.  The Judge will take that into consideration.  Mr. Ragon stated Solicitor Strong was present at the hearing and will draft the brief.

Mr. Zerfoss commented the property is located between Sixth Avenue and Fifth Avenue on South Street and inquired what Mr. Miles wants to do.

Mr. Ragon informed everyone Mr. Miles previously had 1 apartment and 1 office in that dwelling, which made it non-conforming.  In Mr. Ragon’s opinion, Mr. Miles expanded that use by adding 2 apartments, which Mr. Miles claims were already there.  However, in 10 years with Clarion Borough, Mr. Ragon never knew there was more than 1 apartment.  The basis of the Miles’ appeal is the Zoning Hearing Board was in error for denying his request for a Variance.

President Wilshire thought the Judge already ruled on that.

Mr. Ragon stated no.  The Judge ruled that Mr. Miles’ appeal of the Zoning Hearing Board’s decision could go through.

Mr. Zerfoss questioned if the majority of the dwellings in that particular location on both sides of the road are rentals.

Mr. Ragon stated yes.

Mr. Zerfoss lastly commented and questioned that maybe the Borough is throwing good money after bad on cases like this.

Mr. Ragon added Mr. Miles has a mixed, non-conforming use, which he wishes to expand.  This is not the intent of the Zoning Ordinance.  It’s true that area is mostly rentals, most of which are 2-family.  Mr. Ragon stated Council has brought up before the point that the Borough is not in the business of making money for the landlords.  If the Borough allows that kind of enforcement, Mr. Ragon questioned if the Borough opens it up to other people to do this same thing.

Mr. Herman verified that Council is really supporting the Zoning Hearing Board’s decision.

Mr. Ragon stated Council is supporting Mr. Ragon’s decision that it was a violation of the Ordinance to expand to the other 2 apartments; the Zoning Hearing Board upheld Mr. Ragon’s decision.  Therefore, Mr. Miles is appealing that decision.

Ms. Vavrek noted Mr. Miles initially agreed to move the business out, which would have been fine.  However, that was not done.

President Wilshire asked if the bill is for services already rendered.

Mr. Ragon agreed.

Ms. Leonard questioned on page 7 the payment for skunk removal.

Ms. LaVan stated two individuals in the Borough contacted the Borough for help to find someone to remove the skunks.  The Borough hired an individual, but both property owners agreed previously to split the cost.  Both have been invoiced and one has paid.  The Borough will be reimbursed.

Mr. German asked where the skunk was.

Mr. Ragon reported behind the Library on Merle Road.

Mr. German doesn’t understand why the name wasn’t given to the property owners to arrange on their own.

Mr. Ragon stated the agreement was the Borough would take care of it, and the owners would reimburse the Borough.

President Wilshire commented in the future the property owners should handle it.

After some discussion, the motion to authorize payment of January’s expenses carried with a vote of five yea with Mr. Zerfoss and Mr. German voting nay.

President Wilshire also presented the Monthly Transaction Report, Statement of Cash Position, Budget Analysis, and Overtime Comparison Report for information purposes and stated Ms. Freenock is available for questions.

On a motion by Mr. Herman with a second by Ms. Moore to approve to advertise the dates of the Council Meetings (February 7, March 7, April 4, May 2, June 6, July 11, August 1, September 5, October 3, November 7, and December 5) at 7:00 p.m. in the Assembly Room of the Clarion Free Library, and the dates of the Work Sessions (January 30, February 27, March 27, April 24, May 22, June 26, July 24, August 28, September 25, October 30, November 27, and December 18) at 5:00 p.m. at the Clarion Borough Offices for the year 2006, was carried with a vote of seven yea.

President Wilshire commented a Work Session has been scheduled for January 30, 2006, at 5:00 p.m. at the Clarion Borough Offices.

President Wilshire announced the Committee Assignments as follows:

   Administration         Downtown

   Ron Wilshire            Elaine Moore

   Elaine Moore

   Public Works            Public Safety

   Earl Zerfoss (Chair)         Rich Herman (Chair)

   Joel German            Elaine Moore

   Ron Wilshire            Joanne Vavrek

   Recreation            Zoning

   Sue Leonard (Chair)         Joanne Vavrek (Chair)

   Rich Herman            Joel German

   Earl Zerfoss            Sue Leonard

Downtown Committee:  Ms. Moore had nothing to report.

Public Works:  Mr. Zerfoss commented the Public Works Report is in the packet for everyone’s review.   Snow removal has been going well this year.

Mr. Zerfoss asked Mr. Stutzman to highlight the traffic signal at Eighth Avenue and Wood Street.

Mr. Stutzman reported the engineering was received.  Everything the Borough requested in that light is on the tentative schedule right now to be put out to bid.  Mast arms will be put up to replace the telephone poles, which means the streetlights will be moved to these mast arms.  The light is going to have the system on it for emergency vehicles.  Also, it will be tied into the Main Street inter-connect system, which will be done using some type of satellite.  If anybody wants to look at the plans, Mr. Stutzman has them and will be glad to discuss them.

Ms. Leonard inquired if there will be extra emphasis on the fact that Wood Street is a one-way street.

Mr. Stutzman commented this was pointed out to the engineers.  The mast arms will extend over Eighth Avenue and no left turn and do not enter signs will be posted on it so people should notice it.  It should be a lot more visible without the telephone poles.  It will be a nice job when completed.

Ms. Moore asked if there are a lot of repairs on the parking meters, which is listed on the report.

Mr. Stutzman commented the meters themselves are not a problem.  If the cup inside the meter gets crooked, then the coin jams.

Public Safety:  Mr. Herman announced it is necessary to hire 2 meter enforcement officers.  The Committee, Chief, and Mayor will interview the candidates and will look for some additional skills so that individual could be cross-trained to complete some other duties.  Mr. Herman stressed the Committee would like to do this as soon as possible.

On a motion by Mr. Herman with a second by Ms. Vavrek Clarion Borough will advertise for 2 meter enforcement officers.  The motion carried with a vote of seven yea.

Mr. Herman asked Chief Hall for any comments.

Chief Hall informed everyone the officers were assigned to temporarily issue parking tickets throughout the day.

Housing and Zoning:  Ms. Vavrek reported the Planning Commission was scheduled to meet in December to review the proposed zoning changes that Council is recommending.  However, there wasn’t a quorum.  The meeting has been re-scheduled for January 10, 2006, at which time the Committee will refer the changes back to the Housing and Zoning Committee.  A public hearing will then be held for comments.  Then Council will have to approve the changes.  Ms. Vavrek stated this issue will probably not be resolved until March.

Recreation:  President Wilshire welcomed Ms. Leonard suggested the Committee look at the coming year in a more regional outlook for funding at the Park.  Eventually, the Borough will have to replace the swimming pool.

Ms. Leonard hopes Mr. German has information that can be passed onto her.

Mr. German agreed it would be.

Mayor’s Report:  Mayor Stroup stated he is glad to be aboard and looks forward to a report next month.

Manager’s Report:  Ms. Freenock had nothing to report.

Old Business:  There was none.

New Business:  There was none.

Correspondence:  Ms. LaVan read a thank you note from the Residents of Robinwood Drive, dated December 10, 2005, for the streetlight erected in that location.  The Residents hope this will deter the vandalism and appreciated Council’s time and attention in this matter.

Ms. LaVan read a thank you note from Ms. Mary Lou Delaney for the gift certificates as a retirement gift.  Ms. Delaney enjoyed working as Police Secretary for the past 15 years but is looking forward to the retirement years. 

On a motion by Mr. Herman with a second by Mr. German, the Council Meeting was adjourned at 7:25 p.m.

                     ______________________________

                     Nancy Freenock

                     Borough Secretary