November 7, 2006, Council Meeting

Summary of Action Taken

Citizen Comments:               None

Administration:               Monthly Reports; Work Session

                     Changed; Approved Chamber Re-

                     quest for Holiday Season; Approved

                     Conservancy’s Request for Carriage

                     Rides

Downtown Committee:            None

Public Works:                  Monthly Report; Leaf Drop-Off;

                     Reminder Winter Ordinance

Housing and Zoning:               None

Public Safety:                  Reminder Snow Removal

                     Ordinance; Complimented Police

                     and Public Works Employees In Re

                     ALF

Recreation:                  None

Mayor’s Report:               Leadership Conference; Lessons in

                     Planning Seminar; ALF Wrap-Up

                     Meeting to be Scheduled; Budget;

                     Snow Removal Ordinance Reminder

Manager’s Report:               2007 Liquid Fuels Allocation; Eighth

                     Avenue and Main Street Signal;

                     Verizon Statewide Cable Franchise

                     Bill Withdrawn; Fireman’s Relief

                     Association Check Received

Old Business:                  New Traffic Signal Discussed

New Business:                  None

Correspondence:               Thank You Note from United Way;

                     Mr. Herman Commented on Event

Minutes

The regularly scheduled meeting of Clarion Borough Council was held on November 7, 2006, in the Assembly Room of the Clarion Free Library.

President Wilshire called the meeting to order at 7:00 p.m.

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

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

The minutes of the September 25, 2006, Work Session, were approved on a motion by Mr. Herman with a second by Ms. Vavrek.  The motion carried with a vote of five yea.

The minutes of the October 3, 2006, Public Hearing, were approved on a motion by Mr. Herman with a second by Ms. Vavrek.  The motion carried with a vote of five yea.

The minutes of the October 3, 2006, Council Meeting, were approved on a motion by Mr. Herman with a second by Ms. Vavrek.  The motion carried with a vote of five yea.

Citizen Comments:  There were none.

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

On a motion by Mr. Herman with a second by Ms. Vavrek to approve the appropriations for the month of November.

Mr. Zerfoss asked for the motion to be amended to withdraw the amount of $258.25, which is to be paid to William Strong.

President Wilshire asked Mr. Herman if he would accept that.  Since a motion’s already on the floor, it has to be a friendly amendment.

Mr. Herman commented he is not going to vote not to pay Bill Strong and will not remove it.

Ms. LaVan suggested Council could amend the motion to remove that particular item, vote on all the other appropriations, and then handle Bill Strong’s separately.

Mr. Herman agreed with that and amended his motion to pay all the bills except for the payment of $258.25 to Bill Strong.

President Wilshire asked Ms. Vavrek if she’s agreeable to that amendment.

Ms. Vavrek would like to know why.

President Wilshire Council can vote on all the bills except that one, which will be done separately.

Mr. Herman thinks it was recommended to handle bills this way earlier this year.

President Wilshire reported the auditor hasn’t submitted a written report yet but it was their suggestion if someone doesn’t want to vote for a particular bill that item should be removed and voted on separately.  That way the person voting no doesn’t deny paying everything else.

The amended motion carried with a vote of five yea.

On a motion by Mr. Herman with a second by Ms. Vavrek to approve the payment to William Strong in the amount of $258.25.

President Wilshire asked Mr. Zerfoss for an explanation.

Mr. Zerfoss stated Bill Strong is the Solicitor for the Housing and Zoning Committee and realizes the Borough is trying to save as much money as possible.  The Committee may feel every time they meet an attorney must be present.  At one time, the Borough Solicitor used to be at every Council Meeting.  The payment of $258.25 is divided as follows: $42.50 for a Phillips hearing about a parking spot and $215.75 for I. C. School to put in a playground.  Mr. Zerfoss objects because he feels on cases like these two the Committee could’ve acted without the attorney and Zoning Officer could’ve done the paperwork.  These two cases are small.  Some cases are bigger.  This is strictly Mr. Zerfoss’ personal feeling.  When Mr. Zerfoss wasn’t on Council, he served as a member of the Housing and Zoning Board and the attorney never met with the Board.

Ms. Moore inquired what kind of invoice the Borough receives from Solicitor Strong.

Ms. Freenock reported a bill indicating the matters and the time.

Mr. Zerfoss pointed out sometimes his bills are as much as the Borough’s Solicitor.

President Wilshire commented Council could ask the Zoning Hearing Board if they feel they have to have legal counsel.  The Zoning Hearing Board is supposed to be separate from Council because a person that applies for a variance is protesting the existing law Council set.  By law, President Wilshire thinks the Borough has to provide the Board with legal counsel.

Mr. Ragon added the Board is a quasi judicial board.

Mr. Zerfoss stated the Housing and Zoning Report mentions the Board met on a variance for the Schlueter property out on Merle Street that used to be Wilshire Flower and Gift Shop and it was granted, which it should be.  The Schlueters’ will fix up the building that was going to crumble down.  Mr. Zerfoss commented the Board makes some pretty good decisions.  Mr. Zerfoss agrees with a lot of them but doesn’t feel the Board’s attorney is necessary at every meeting.

Mr. Herman asked if the Zoning Hearing Board actually met those nights on those two issues that Solicitor Strong’s bill is for and if he was present.

Mr. Ragon commented the answer to both questions is yes.

Mr. Herman inquired if the billing seems in order to the time spent.

Mr. Ragon agreed.

Ms. Vavrek informed everyone the Board usually makes the decision for the case that evening and do not know if counsel will be necessary until the testimony is given.  If counsel isn’t present, the Board would have to delay their decision until they can confer with legal counsel.  Sometimes the Board has to make some difficult decisions.

Mr. Herman attended a couple meetings and agreed with Ms. Vavrek that after the testimony is given the Board deliberates with legal counsel to get answers to his/her questions before rendering a decision. 

Ms. Vavrek pointed out Mr. Ragon couldn’t write the decision, because he’s separate from that Board.

Mr. Ragon stated in most cases the decision is determined the night of the hearing.  The findings of fact have to be written by the Solicitor, who, if not present, could not render a factual decision.

Mr. Zerfoss confirmed the Committee has the agenda long before the meeting and the Board won’t render a decision without their attorney.

Mr. Ragon verified both statements are correct.

Mr. Zerfoss agreed there are hard decisions the Board faces but so does Council.  Hard decisions may come up tonight, but the Solicitor is not present.  As elected officials, that’s what they are supposed to do.  Even though the members are appointed by Council, he/she agreed to serve.

Mr. Herman thinks Mr. Zerfoss has a valid point.  However, the members will never know exactly what testimony will be brought up.

Mr. Zerfoss didn’t mean to debate this issue but will not agree with Mr. Herman.

President Wilshire feels this was good discussion and will contact Mr. Kerr, Chairman of the Zoning Hearing Board, to see what his feelings are on this.

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

President Wilshire also presented the Treasurer’s Report of Fund Totals, Budget Analysis, and Overtime Comparison Report for information purposes.

President Wilshire reported the Work Session scheduled for November 28, 2006, at 5 p.m. may be moved until November 30, 2006.  The consultants helping prepare the 2007 Budget will probably not be ready until then.  President Wilshire will be meeting with them tomorrow.

On a motion by Mr. Herman with a second by Ms. Moore, approving to change the November Work Session date to November 28 or 30, 2006, was carried with a vote of four yea with Mr. Zerfoss voting nay.

On a motion by Mr. Zerfoss with a second by Ms. Moore, approving the Clarion Area Chamber of Business and Industry’s request for their 2006 Holiday Promotion for Customer Appreciation Day for November 20, 2006, with luminary light up; the Christmas Parade for December 2, 2006; and free parking from December 8 through 26, 2006, for the Christmas shopping season, was carried with a vote of five yea.

On a motion by Ms. Vavrek with a second by Ms. Moore to approve the Clarion Conservancy’s request for carriage rides on November 20, 2006, and December 2, 2006, for the 2006 Holiday Season.  The motion carried with a vote of five yea.

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 reported leaves are being dropped off at the Borough’s location.  People are really taking advantage of this service, which is good.  Mr. Zerfoss thanked Mr. Stutzman and his employees for the job of setting up the location and program.  This is the best thing that has ever happened to the taxpayers of the Borough of Clarion.

Mr. Zerfoss mentioned the winter ordinance will go into affect December 1, 2006, prior to the next Council Meeting.  Everyone is reminded to park on appropriate streets overnight so the Public Works Department will be able to keep the roads cleared of snow.

Housing and Zoning:  Ms. Vavrek had nothing to report.

President Wilshire asked Mr. Herman for his report.

Public Safety:  Mr. Herman reminded everyone the Snow Removal Ordinance will go into affect December 1st.  It’s very critical for the Public Works Department to be able to do their job.  Chief Hall will issue a news release closer to that date.

Mr. Herman reiterated his compliments to both the Police and Public Works employees for a job well done during Autumn Leaf Festival.  The police did a good job not only with scheduling and operating during ALF but in general.

Recreation:  There was none.

Mayor’s Report:  Mayor Stroup was invited by the Students Activity group at the University to speak at the Leadership Conference.  Approximately 70 individuals attended, and there were many good speakers covering leadership.  Mayor Stroup appreciated the opportunity to speak to the group.

Mayor Stroup, along with Ms. Freenock and Ms. Leonard, attended Lessons in Planning, Maximizing Partnerships to Benefit Planning in Your Community a couple days ago.  There was a very good discussion by Monroe Township in reference to Trinity Point Development.  The Borough congratulates Monroe Township for getting that started.

Mayor Stroup stated the Chief, officers, and the Public Safety Committee haven’t had a chance to meet yet to wrap up ALF to review how it went and how it could be improved.  The Chief did a very good job at keeping the overtime at a good level.  Mayor Stroup congratulated Chief Hall on maintaining that.  It’s a very busy time of the year for the Borough.  Also, Mayor Stroup thanked the other agencies that helped the Borough during this time.  Their cooperation is much appreciated.

Mayor Stroup and Chief Hall have met to discuss the budget, which the figures have been given to Ms. Freenock.  Public Safety is ready for next year.

Mayor Stroup also reminded everyone about the Snow Removal Ordinance that begins December 1st.

Manager’s Report:  Ms. Freenock reported the Borough received notification that Liquid Fuels for 2007 will increase approximately $4,500.  Part of that is due to Mr. Stutzman’s review of the Borough map with the Borough’s municipal services representative.  Some streets that qualify were not counted into the Borough’s previous calculation.

Ms. Freenock commented the traffic light at Eighth Avenue and Wood Street will be turned on at 10 a.m. tomorrow.  If all goes well, the old light will be turned off.

Mr. Stutzman agreed the company will remove everything that can be tomorrow.  The power company is scheduled to come Thursday to disconnect the rest of the electric service and remove the pole.

Ms. Freenock announced the Verizon Statewide Cable Franchise bill that was presented to the State House was withdrawn.

Ms. Freenock stated the Borough received the Fireman’s Relief Association check from the State in the amount of $29,926, which will be forwarded to the fire company.

Old Business:  Mr. Zerfoss asked Mr. Stutzman to discuss some changes that will occur at the traffic intersection of Eighth Avenue and Wood Street.

When the design for the light was discussed, Mr. Stutzman stressed pedestrian safety changes were necessary.  People coming into town via Greenville Avenue squeeze up on the right-hand side and turn into pedestrians.  PennDOT painted yellow lines and widened the island by 3’, which hopefully will help.  The light also has the new pedestrian countdown.  It will be a learning experience for everyone involved.  Mr. Stutzman reported signage was a big issue.  A lot of people turned onto Wood Street the wrong way.  Signs are now posted to try to stop that from occurring.  It’s hard to see the signs now due to the existing light, but that will be removed eventually.  The one turning lane that goes towards the University on Wood Street will have an arrow.  It will be short but will be better than before.  Mr. Stutzman stated the light has the activation for emergency vehicles, mainly the fire department.  That should all be in place and running tomorrow.

Chief Hall inquired if that signal is included in the Second Avenue to Ninth Avenue interconnect system.

Mr. Stutzman reported it’s coordinated with GPS.  It was extra software approved by PennDOT to eliminate the need to put up an overhead wire up or dig a ditch.

President Wilshire asked if it has a camera.

Mr. Stutzman stated no.

President Wilshire questioned if PennDOT paid for putting the signal in.

Mr. Stutzman commented the Borough had to pay for the engineering.  As soon as the signal is turned on and okay for a 30-day period, it will be turned over to the Borough.  Some things will be under warranty longer; such as the bulbs, which are under warranty for 5 years.  That signal is an LED light.

New Business:  There was none.

Correspondence:  Ms. LaVan read a thank you note from the United Way for the supervision the police and their assistants provided during the annual 5K Race.  The past two years the race has doubled in size due to the safety provided to the runners.  The race provides funds for the Fitzgerald Ramp Projects, one of the few programs where administrative cost is kept at zero.  Again, the United Way thanked Clarion Borough for their support.

A few years ago, when Ms. Pam Zahoran came to Public Safety and Council, Mr. Herman reminded everyone there were some questions raised as to what kind of race this would be and what kind of affect it will have.  The United Way mentioned they thought they had the sponsorship to pay some money for place prizes to bring quality athletes to Clarion.  Mr. Herman thinks the United Way has pretty much achieved their goal.  Teaming with ALF and being able to run a different course, the event has been a big addition.  Mr. Herman complimented the United Way for following through and to Borough Council for approving and supporting a different run.  It has really added to the quality of ALF and that run gives a nice plus to Clarion Borough and the surrounding communities.

On a motion by Mr. Herman with a second by Ms. Vavrek, the Council Meeting was adjourned at 7:36 p.m.

                     ______________________________

                     Nancy K. Freenock

                     Borough Secretary