March 7, 2006, Council Meeting

Summary of Action Taken

Citizen Comments:               Dave McClaine Asking for Removal

                     of Parking Space; Paul Everett,

                     Clarion Little League Board of

                     Directors’ President

Administration:               Monthly Reports; Work Session

                     Scheduled; Special Events

                     Approved; Approved Resolution

                     Authorizing Borough Manager to

                     Pay Regular Recurring Bills;

                     Adopted Resolution Authorizing

                     Berkheimer to Collect Fee from

                     Delinquent Taxpayer; Adopted

                     Resolution in Reference to Consent

                     Order with Clarion Area Authority;

                     Accepted Orville Lerch’s Resigna-

                     tion from Clarion Area Authority

                     Board; Appointed William Miller

                     to Replace Mr. Lerch; Appointed

                     Stephen French as Borough

                     Solicitor; Grant Right-of-Way

                     Agreement to Clarion Area

                     Authority; Deferred Action on

                     Bid Received for Property

Downtown Committee:            Update on Downtown Revitali-

                     zation Organization; Token

                     Status

Public Works:                  Monthly Reports; Update on

                     Signal at Eighth Avenue and

                     Wood Street; Permission to

                     Advertise for Bids for Clean-Up

                     Day; Adopted Resolution Relating

                     to Purchase of Truck; Meet to

                     Discuss Stop Sign on Liberty

                     Street and Possibly Reversing of

                     Boundary Street

Public Safety:                  Permission for Chief to go to

                     Crime Prevention Practitioners’

                     Training; Place No Parking Signs

                     on the North and South Sides of

                     Marronee Street Between East

                     Eighth Avenue and Byers Place

Housing and Zoning:               Monthly Report; Public Hearing

                     Discussed

Recreation:                  Approved Letter to Send to

                     Municipalities Involved in Little

                     League Program

Mayor’s Report:               Meeting Scheduled with Agencies

                     to Discuss Communications and

                     Issues; Operations Manual to be

                     Reviewed; Proclaimed National

                     Panhellenic Badge Day; Pro-

                     claimed American Red Cross

                     Month

Manager’s Report:               Submitted 2007 Federal Appropri-

                     ations Request; Letter Sent to

                     Representative Opposing Cuts in

                     CDBG Funding; NIMS Training

                     Scheduled; Permission to Attend

                     Conference on CDBG

Old Business:                  None

New Business:                  None

Correspondence:               None

Minutes

The regular scheduled meeting of the Clarion Borough Council was held on March 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, Mr. German, and President Wilshire.  Ms. Leonard was absent.  Mayor Stroup, Mr. Ragon, Ms. Freenock, Chief Hall, and Mr. Stutzman were also present. 

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

The minutes of the January 30, 2006, Special Council Meeting, were approved on a motion by Mr. Herman with a second by Mr. German.  The motion carried with a vote of six yea.

The minutes of the February 7, 2006, Council Meeting, were approved on a motion by Mr. Zerfoss with a second by Ms. Vavrek.  The motion carried with a vote of six yea.

Citizen Comments:  Mr. Dave McClaine, 80 North Third Avenue, attended a Council Meeting years ago requesting Council to remove a parking space at the corner of Third Avenue and Main Street; however, only 1 or 2 members remain.  At that time, Council stated a study would be necessary.  Mr. McClaine isn’t sure if one was ever done.  Mr. McClaine voiced concern with the parking place along Main Street at North Third Avenue (next to Vowinckel Tires).  If a vehicle is parked in that space, a person’s vision is blocked.  In order to see, a motorist must pull out into the intersection 15’ or so before being able to see traffic driving from the east going towards the west.  If you are crossing traffic, a person has a pretty good chance of a side impact crash.  Mr. McClaine passed photographs around to Councilmembers showing the different views a person has when a car is and isn’t there.  Mr. McClaine asked Council to consider removing that parking space.  If anyone has dropped his/her children off at the high school and tried to use North Third Avenue to get back on Main Street, it is pretty hectic.  Not only is vision impaired, but motorists travel a lot faster than the 25 mph speed limit.  Mr. McClaine commented a lot of high school drivers use North Third Avenue and are not as experienced as adults.  Mr. McClaine thinks there are other locations in Clarion Borough that have the same visibility problem; however, the drivers aren’t driving as fast.  There have been accidents at this location, which probably happen when a vehicle is parked in that space.  Mr. McClaine reported South Third Avenue has a similar issue caused by a vehicle parking in front of the old laundromat, which is not a metered spot.  Mr. McClaine noticed Council made some parking changes at the last Council Meeting and feels this is more of a safety hazard.

President Wilshire asked the Public Safety Committee to look into this issue and noted the Committee may want to try something temporarily.

Mr. Herman asked if Mr. Zerfoss and he can look at this together.

President Wilshire agreed that would be fine.

Mr. Paul Everett, Clarion Little League Board of Directors’ President, introduced himself to Council.  On behalf of Clarion Little League, Mr. Everett thanked Council for approaching the local municipalities for a donation towards the Program and offered assistance if needed.

President Wilshire asked if the board members that live in these other municipalities would be willing to approach the officials.

Mr. Everett agreed.  The Board will work in a partnership with the Borough to help in any way.

Mr. Herman commented Mr. German supplied Council with a report showing the number of participants in each township/borough and suggested this year’s information could be provided to Ms. Leonard, Chair of the Recreation Committee, so it can be shared with everybody.

Mr. Everett stated the figures are available and can provide them at any time.

Administration:  President Wilshire announced one appropriation needs to be added to the list in the packet.  It is for $195.78 to Northwest Savings Bank, which is the interest on the amount of money drawn down from the Tax Anticipation Loan.

On a motion by Mr. German with a second by Mr. Herman appropriations for the month of March in the amount of $41,623.15, which includes the Northwest Savings Bank interest, carried with a vote of five yea with Mr. Zerfoss voting nay.

President Wilshire also presented the Statement of Cash Position and Overtime Comparison Report for information purposes.

President Wilshire reported the Monthly Treasurer’s Report and Budget Analysis are not available due to the delay in closing the accounting system.

Ms. Freenock commented the reports should be available next month.

President Wilshire informed everyone a Work Session has been scheduled for March 27, 2006, at 5:00 p.m. in the Clarion Borough Offices.

On a motion by Ms. Vavrek with a second by Mr. Herman, approving the following special event requests: Immaculate Conception Church to close Madison Road for Vacation Bible School to be held June 19-23, 2006; Clarion VFW Post 2145 for Memorial Day Services to be held May 29, 2006; Clarion VFW Post 2145 for Patriot Day Services to be held September 11, 2006; March of Dimes’ WalkAmerica to be held April 30, 2006; and United Way of Clarion County for their annual 5K race to be held September 30, 2006, was carried with a vote of six yea.

President Wilshire asked Ms. Freenock to go over the next couple resolutions.

Ms. Freenock informed Council the first resolution authorizes the Borough Manager to pay regularly recurring bills to avoid late fees.  Paying once a month results in some bills being paid after the due date, which results with a late fee being assessed.

Mr. Herman questioned approximately how many would be paid early each month.

Ms. Freenock reported the bills would include Adelphia, Allegheny Power, Verizon, Cellular One, Allied Waste, National Fuel Gas Company, and Pennsylvania-American Water Company.  It would not include solicitor bills or anything questionable.  Two reports can be provided to Council in the monthly packet; one showing bills paid prior to the Council Meeting and the other with bills to be paid after approval.

On a motion by Ms. Vavrek with a second by Mr. German to approve Resolution #2006-225, a Resolution authorizing and directing the Borough Manager to pay regularly recurring bills timely to avoid assessment of late fees.  The motion carried with a vote of six yea.

Ms. Freenock stated Berkheimer Tax Administrator is the Borough tax collector for delinquent taxes.  Berkheimer may attach a fee for collection onto the delinquent tax payer.  State Law now requires the Borough to adopt a resolution authorizing the tax collector.

On a motion by Ms. Vavrek with a second by Mr. German, adopting Resolution #2006-226, a Resolution authorizing and empowering its local tax collector, Berkheimer, to impose and retain costs of collection of delinquent taxes, carried with a vote of six yea.

President Wilshire reported Council already passed the Consent Order with Clarion Area Authority but didn’t adopt the resolution, which is necessary.

On a motion by Mr. Zerfoss with a second by Mr. Herman to approve Resolution #2006-227, a Resolution authorizing the adoption and execution of that certain Consent Order and Agreement between the Commonwealth of Pennsylvania Department of Environmental Protection, the Clarion Area Authority, the Borough of Clarion, Clarion Township, and Monroe Township.  The motion was carried with a vote of five yea with Mr. German voting nay.

President Wilshire reported the advertisement for the Special Council Meeting did not list action would be taken on Orville Lerch’s resignation from the Clarion Area Authority Board or William Miller’s appointment to replace Mr. Lerch.  Therefore, official action is necessary.

Mr. Zerfoss made the motion at the Special Council Meeting and again tonight to officially accept the resignation of Orv Lerch from the Clarion Area Authority Board, with regrets; thanked Mr. Lerch for all the hours he put into that Board; and stated a letter be sent to Mr. Lerch thanking him for his service.

Ms. Moore seconded the motion.

The motion carried with a vote of six yea.

On a motion by Mr. Herman with a second by Ms. Moore, appointing William Miller to replace Orv Lerch on the Clarion Area Authority Board with the term to expire 2010, carried with a vote of six yea.

President Wilshire asked for a motion to appoint a Borough Solicitor.

On a motion by Ms. Vavrek with a second by Mr. Herman that Council appoint Stephen French from Brookville as Clarion Borough Solicitor.

President Wilshire asked for discussion.

Mr. Zerfoss stated Attorney French is from the Brookville area, Jefferson County, and thinks more consideration should be given to the Clarion County attorneys who expressed interest in the position.  When Council hired the Chief of Police, one of the requirements was he/she would be a resident of Clarion County.  Council went one step further when the Borough Manager was hired requiring he/she be a resident of Clarion Borough.  The Public Works and Police Contracts both require employees to live in Clarion County.  Mr. Zerfoss sees no difference with the Solicitor, who is an employee of Clarion Borough.  Mr. Zerfoss will vote no as long as there is a Clarion County attorney interested.  If Council doesn’t look after Clarion County and Clarion Borough, no one else will.

Ms. Moore feels that Clarion Borough is the County seat.  Clarion Borough voters put each and every Councilmember in his/her position.  Ms. Moore voiced great disappointment that her Council colleagues are selecting a Borough Solicitor from outside Clarion County and sees absolutely no reason to do so.

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

President Wilshire asked Ms. Freenock to discuss the right-of-way.

Ms. Freenock reported the Borough previously granted a right-of-way to Clarion Area Authority (CAA).  CAA is seeking another right-of-way, which is located on one of the lots for which the bids to purchase were solicited.  CAA would like Council to complete this right-of-way agreement prior to the sale of the property.  The recorded right-of-way will be filed with other Clarion Borough legal documents.

On a motion by Mr. Herman with a second by Ms. Vavrek that Clarion Borough grant a right-of-way to the Clarion Area Authority.  The motion carried with a vote of six yea.

President Wilshire commented one bid was received from Michael A. Palo in the amount of $5,510 for the property owned by Clarion Borough, which is located in Clarion Township.  This is actually two parcels.  The Administration Committee would like to review the bid; therefore, action will be deferred at this time.

If the bid price is unacceptable, Mr. Herman inquired if Council would re-bid it.

President Wilshire stated that is a possibility.  Another option would be to keep it for a while longer.

Downtown Committee: Ms. Moore informed everyone the Downtown Clarion Revitalization Organization is presently in a phase of transition.  Because of changes in businesses, circumstances, and personal obligations, it is necessary to elect new officers.  Before doing that, the organization would like to have a membership drive to make it stronger.  Then an election will be held for officers.  After that is completed, merchants will be ready to move forward.

Mr. Zerfoss inquired the status of the parking tokens.

Ms. Moore reported the use is sporadic.  The merchants that are using the tokens are very happy with them. 

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

Mr. German asked for an update on the traffic signal at Eighth Avenue and Wood Street.

Mr. Stutzman announced a meeting was held last Thursday with the utility companies, where it was determined there were not any conflicts with the plans for the traffic signal.  Penn Dot anticipates June 1st as the starting date for the work.

On a motion by Mr. Zerfoss with a second by Ms. Moore that the Borough Manager be given permission to advertise for bids for Clarion Borough Clean-Up Day, which will be held May 20, 2006.  The motion carried with a vote of six yea.

Mr. Zerfoss made a motion to adopt Resolution #2006-228, authorizing participation in the PACC for the purchase of the Public Works Truck.

Ms. Moore seconded the motion.

Ms. Freenock informed Council there are two different resolutions included in the packet.  Resolution A specifies the purchase of the Public Works Truck.  Resolution B is a blanket resolution that authorizes any purchase through PACC.  Ms. Freenock recommends Council approve Resolution A.

Mr. German inquired why a resolution was not required before.

Mr. Stutzman stated Council didn’t participate in the PACC Contract the last time a truck was purchased.  That particular organization didn’t require one.  If Council adopts Resolution A, then another resolution may be required in the future if Council wishes to purchase a piece of equipment through this Contract.

Mr. German asked why Ms. Freenock recommends A.

Ms. Freenock reported Council may not use this Contract for 10 years, in which case most Councilmembers wouldn’t remember one being adopted.  Also, the way it’s written may need to be revised at a later time.

After some discussion, the motion to adopt Resolution A, specifying the purchase of the Public Works Truck through the PACC Contract, carried with the vote of five yea with Mr. German voting nay.

Mr. Zerfoss stated Mr. Herman and he will meet this month to discuss a possible stop sign on Liberty Street and reversing Boundary Street.  There will be a report by the next Council Meeting.

Public Safety:  Mr. Herman commented the Public Safety Committee met a few weeks ago and feels it was an excellent meeting.  The Mayor will report later on one issue.

Mr. Herman stated Chief Hall is asking permission to go to a Crime Prevention Practitioner’s Training Course, which will be held the week of March 13th.  The cost is $25.

On a motion by Mr. Herman with a second by Ms. Vavrek, giving permission for Chief Hall to attend the Crime Prevention Practitioners’ Training Course being held the week of March 13th, was carried with a vote of six yea.

Mr. Herman asked Chief Hall to discuss a parking complaint that was received.

Chief Hall informed Council the problem is occurring on Marronee Street between East Eighth Avenue and Byers Place, which is the alley behind the University parking lot along Greenville Avenue.  People are parking his/her vehicle along the alley and, by doing that, end up parking on residents’ yard, causing damage  The Committee decided to place no parking signs in that area.  This seemed to solve a similar problem that occurred on Wilson Avenue, Payne Street, Sixth Avenue, and Elss Street.

When people are parking in the right-of-way, Mr. Herman commented he/she is actually on the residents’ property. 

President Wilshire asked if that would impact any resident parking.

Chief Hall reported the complaint was from a resident in that area.

On a motion by Mr. Herman with a second by Mr. German to place no parking signs on the north and south sides of Marronee Street between East Eighth Avenue and Byers Place for a 60-day trial period.  The motion carried with a vote of six yea.

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

Ms. Vavrek announced the Committee held a Public Hearing on March 2, 2006, dealing with the proposed amendments to the Zoning Ordinance and some rezoning.  The Committee will meet this week to discuss everything again.  If any major changes are made, there may be a need for another Public Hearing.

Recreation:  Mr. Herman, in the absence of Ms. Leonard, stated Council received a copy of a draft letter to be sent to the municipalities involved in the Little League Program requesting a donation.  It was reported in the Clarion News today that the Borough may be seeking additional funds from Clarion Township.  Mr. Herman pointed out Clarion Township already makes a contribution and will not be asked for anything at this time.  A meeting will be held with the supervisors in the fall requesting each municipality set a permanent donation in their 2007 budget.

On a motion by Mr. Herman with a second by Ms. Vavrek, approving the letter to be sent to the surrounding municipalities in reference to a donation towards Paul A. Weaver Community Park, carried with a vote of six yea.

Mr. Herman thanked Ms. Leonard for her work and also Mr. German for providing the numbers.

Mayor’s Report:  Mayor Stroup reported a meeting has been scheduled with the Public Safety Committee and representatives from the University, Pennsylvania State Police, Sheriff’s Office, and District Attorney to discuss communication and other issues of concern for the area that has occurred over the last 6 months.  The communications line needs to be kept strong to ensure the public will be safe.  Council will be updated next month.

President Wilshire asked if it would be possible to invite the township supervisors.

Mayor Stroup will invite the supervisors.  He/she may have issues in public safety as well.

Mayor Stroup informed Council the Chief has finished revising the Operations Manual.  It is about 8” thick.  It is being reviewed by the Committee and some police officers.  Mayor Stroup thanked the Chief for his efforts on this big task.  The Committee is at a good starting point.

Mr. Herman thinks the best part is there is a teamwork atmosphere involved on this project.  The Committee, Mayor, Chief, and officers are all looking at it to see if there are any suggestions.

Mayor Stroup attended a Panhellenic Council Meeting last night where guest speaker Judge Mitch Crane discussed values and responsibilities.  It was a nice function.  This was in conjunction with the Council’s Badge Day.  Judge Crane was a very good speaker and the students were very respectful.  Without reading the entire proclamation, Mayor Stroup proclaimed March 6, 2006, as National Panhellenic Badge Day.

Mayor Stroup proclaimed March 2006 as American Red Cross Month and urged all Americans to continue to give his/her time, blood and money to make a difference in the humanitarian fabric of this community.

Manager’s Report:  Ms. Freenock submitted a number of requests, ranked in order of preference from 1-6, to Representative John Peterson’s office, which were included in the packet.  Representative Peterson’s staff cautioned Ms. Freenock not to count on receiving any of this money; however, it was worth the effort.

Ms. Freenock noted Council may have seen there is a movement to cut or do away with CDBG funding.  Municipalities were encouraged to contact their representatives to make their feelings known.  Ms. Freenock contacted Representative Peterson’s office and relayed Clarion Borough opposes any funding cuts.  For the coming year, the Borough has $125,145 available for various projects, which will be discussed in the next several weeks.

Ms. Freenock commented the Clarion County Office of Emergency Services has scheduled National Incident Management System, NIMS, training.  Elected officials, emergency management coordinators, Public Works and Public Safety employees are encouraged to attend.  Ms. Moore will be attending the training.  Anyone interested may contact Ms. Freenock for more information.

Ms. Freenock met a representative of Colonial Life and Accidental Insurance Company on various types of insurance available to Borough employees.  Deductions are taken from the employee’s paycheck, and there is no cost for the Borough.  Fliers will be distributed to the employees for his/her review.

Ms. Freenock asked for permission to attend a conference in reference to CDBG funding and the IDIS system, which is the way the money is drawn down for the grant.  The conference is scheduled for April 24 and 25, 2006, in State College.  The registration fee is $70 and the hotel rate is $75 per night.  Ms. Freenock will only have to stay one night.

On a motion by Mr. Herman with a second by Mr. German, giving permission for Ms. Freenock to attend the CDBG Funding Conference being held at State College on April 24 and 25, 2006, carried with a vote of six yea.

Ms. Freenock announced Central Tax Bureau will give a presentation for Clarion Borough and Clarion Area School District on April 12, 2006, at 7:00 p.m. at the School Board’s Work Session.  It will be held in the Multi-Purpose Room of the High School.

Old Business:  There was none.

New Business:  There was none.

Correspondence:  There was none.

On a motion by Mr. Herman with a second by Ms. Vavrek, the Council Meeting was adjourned at 7:58 p.m.

                     ______________________________

                     Nancy K. Freenock

                     Borough Secretary