Summary of Action Taken

Minutes

The Work Session of the Clarion Borough Council was held on April 24, 2006, at the Clarion Borough Offices.

President Wilshire called the meeting to order at 5:02 p.m.

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

President Wilshire stated the Mayor had a meeting at the Hospital and was unable to attend the meeting.

Citizen Comments :   There were none.

Administration :   President Wilshire stated everyone received a letter from the Department of Community and Economic Development in reference to regulations issued by the Federal Emergency Management Agency, FEMA, requiring local elected officials be trained and certified under the new National Incident Management System, NIMS.   NIMS is intended to provide a consistent nationwide response method and ensure no municipality would ever suffer a loss of critical funding for disasters.   President Wilshire asked if Councilmembers think it’s mandatory.

Ms. Moore knows it’s for real but isn’t sure if the State will follow through.   The training looks as though it will go at a rapid speed because not much time is allotted for the course.

Mr. German understood it is offered on-line too.

Even though it’s available on-line, President Wilshire reported this letter indicates a person physically has to attend a class.

President Wilshire commented that Councilmembers received a banner request from the Clarion County Farmer’s Market Association to put their banner up in early May 2006 and remove it in October 2006 and are also asking to use the parking spaces around the Memorial Park on Saturday mornings.   Council will have to take action on it Tuesday.

President Wilshire stated the Clarion Chamber of Business and Industry’s special event request for Autumn Leaf Festival is included in the packet.   The only difference from last year is Item 7.   The Chamber is working on a power wheel event, which is an event for children driving his/her battery-operated kiddie car.  

Ms. Moore thought that was going to be held at the Airport.

President Wilshire informed everyone this will be held on a certain portion of Main Street.   It’s scheduled to occur the same night as the children’s parade.   The Chamber is having street or drag racing over at the Airport.   This has been done in a number of counties.

Back to the banner request, Ms. Moore questioned if the League of Women Voters puts up a banner for primary elections.

Mr. Herman believes the League puts the banner up in the spring and fall.

Ms. LaVan thought Council approved the League of Women Voters’ banner request already.

Ms. Moore inquired if more than one banner can be displayed at one time.

In the past, Ms. LaVan stated Council approves banner requests in the order each is received.   Once one banner is taken down, the next banner will go up.   Adelphia puts the banners up and down for each organization.  

Mr. Herman agrees with Ms. Moore that it’s only fair to make sure everyone can be accommodated.

President Wilshire asked Ms. LaVan to check into that for Tuesday.

Ms. LaVan will look into it.

President Wilshire reported the Borough requested proposals for appraisal services for the property that is for sale in Clarion Township.   Reed Appraisal Services submitted the only bid, which can be acted on at the Council Meeting.

For information purposes, President Wilshire announced the Clarion University Radio Station has requested to use two parking meters on Jefferson Place during Spring Fling for media coverage.

President Wilshire asked Ms. LaVan to discuss the next item.

Due to receiving a lot of files in the PDF format, Ms. LaVan stated Ms. Freenock is requesting to purchase Adobe Acrobat. The cost would be about $100.

President Wilshire stated Acrobat reader is free.   If you need to create a document, another version is necessary.

Ms. LaVan will relay this information.

Downtown Committee :   Ms. Moore had nothing to report.

Public Works :   Mr. Zerfoss commented the bids for the 1993 Ford F-350 dump truck are due May 1 st .   A recommendation is expected at Tuesday’s Council Meeting.

Mr. Zerfoss reminded everyone Mr. Stutzman is attending the Public Works Symposium in Harrisburg/Hershey area and is expected back later this week.

Mr. Zerfoss reported the Public Works Department is patching potholes and mowing the fields at Paul A. Weaver Community Park for the ball season.

Mr. Zerfoss stated the Borough received one bid for Clean-Up Day Services from County Environmental (Allied Waste Services).   That must be awarded at the Council Meeting.   As a reminder, Clean-Up Day is May 20 th .   Brush, branches, grass clippings, and yard waste will be collected by the Public Works employees May 15-19, 2006, only.   The items must be placed at curbside on any street or alley in the Borough.   Residents do not have to call the office to arrange pick up.   This is the last year for brush, branches, grass clippings, and yard waste to be picked up by the employees.   Residents may dispose of these items 365 days a year at the designated location at the Public Works Building.   Mr. Zerfoss stated all other items must be placed at curbside Friday night.   The company will start collecting early Saturday morning and will go up and down every street and alley in the Borough one time.   Items that cannot be taken are as follows: anything containing Freon (refrigerators, air conditioners, or dehumidifiers); tires; concrete or cement products; or household garbage.   Paint cans will only be taken if empty and dry with the lids off.

In the past, Mr. Herman remembers the Borough received two bids for this service.

Mr. Zerfoss commented Tri-County Industries had submitted a bid in the past.   However, this year the bids went out too late.   Tri-County Industries already had a commitment on May 20 th and asked if the date could be changed but it could not.   Mr. Zerfoss pointed out the cost only increased $5.   County Environmental was the hauler last year, too.

When utility companies dig up the streets, President Wilshire asked if the Borough checks on how the road is patched.

Mr. Zerfoss believes Mr. Ragon handles that work.

Mr. Ragon informed Councilmembers he issues the permit, but Mr. Stutzman verifies the patching is satisfactory.

Mr. Herman commented the water company had an emergency repair on South Street last night.   Normally, the company temporarily fills the area.   Once it settles, a permanent patch is done.

Public Safety :   Mr. Herman stated everybody received a proposal for handicapped parking re-alignment in the Borough.   Ms. Vavrek was contacted by an individual wondering where the handicapped spaces were located.   The Committee decided to look at where the handicapped spaces were currently and if they should be relocated.   The idea was to decide where to locate the handicapped spaces so they would be uniform in the Borough and to reallocate spaces not currently being used.   With the realignment, handicapped parking spaces will increase from 12 to 14.   Mr. Herman pointed out the spaces are now the first space off Main Street to give people a chance to pull into these spaces, making them readily accessible to Main Street.   New spaces include Sixth Avenue by the Loomis, Sixth Avenue by Sage Meadow (the spot behind the police car space), and Sixth Avenue by Northwest Saving Bank.   One already exists at Sixth Avenue by Crooks Clothing store.   Mr. Herman stated the handicapped parking spaces in front of the Courthouse will be changed to two regular spaces and be spaces provided in the Courthouse parking lot.   Also, a space will be placed on Fourth Avenue beside Smathers Insurance Agency.   Other current handicapped spaces that will remain are at Grant Street by the Magistrate’s Office, Seventh Avenue by McDonald’s, Main Street in front of the Post Office, Merle Road behind the Library, and two spaces in the fire hall parking lot.   Mr. Herman reported the space in front of the Courthouse, the one on Sixth Avenue by the 6-Pack Shop, and the two in Liberty Lot will be removed.   The realignment of the handicapped parking is to bring the spaces closer to the Main Street business district and to make them more accessible for people with wheelchairs or crutches.   As a Committee, Mr. Herman stated everyone felt this was a good proposal but suggestions are welcomed.   Mr. Herman thanked Chief Hall on the time spent on this issue.

Mr. Zerfoss stated there are handicapped spaces also provided at the Maintenance Building, the Borough Building, and at each field at Paul A. Weaver Park.

Mr. German asked which spaces are new.

Mr. Herman commented the new ones are as follows:   Fourth Avenue by Smathers Insurance Agency; Jefferson Place by S & T Bank; two at the Courthouse Lot; Sixth Avenue by Northwest Savings Bank; Sixth Avenue by the Loomis; and, Sixth Avenue by Sage Meadow.

Chief Hall commented the space that was located at Sixth Avenue by the 6-pack Shop is being moved closer towards Main Street by the Loomis.

Mr. Herman stated the ones located at the Borough Building and the Park aren’t being touched.   For the amount of total parking meters in Clarion Borough, the Borough actually would be required to have only 6.   Mr. Herman noted the list is a total of 14.   The Committee wanted handicapped spaces to be more recognizable for the public.

Ms. Leonard inquired if there will be any problems with the curbing at any of these spaces.

Mr. Herman reported no.   The first space should allow drivers to park against the curb cut areas.   The situation arose where some people that had handicapped stickers or license plates were trying to park on Main Street but couldn’t find accessible spaces.   Another reason it came to light was whenever the Borough didn’t have Meter Enforcement Officers (MEO’s), Chief Hall assigned the police officers to check the meters on Main Street a couple times a day.   A couple people with handicapped plates received warnings for parking at a metered spot without paying.   Even though a person may be handicapped, he/she doesn’t get free parking at any parking meter in town.   Mr. Herman believes this wasn’t something strictly enforced for many years.   Now those vehicles will be ticketed; however, written warnings will be issued for awhile.   The Committee felt for these two reasons the handicapped parking spaces need to be reevaluated to make the spaces more uniform and accessible.

Mr. German asked if a person has a time limit at those locations.

Mr. Herman stated no.   The handicapped spaces do not have meters.   The Borough doesn’t experience a problem with people parking at these spaces all day.

Ms. Vavrek commented the Committee should check with the people who had problems finding a space to see if the realignment helped.

Mr. Herman reported this will provide time to monitor how the spaces are working.   The MEO’s could randomly check to see if the spaces are being used or not.   It will probably take time for people to realize these spaces have been realigned.

If a handicapped space is already used and someone handicapped pulls into the space in front of that one, Mr. Zerfoss asked if he/she will receive a ticket if he/she doesn’t put money in the meter.

Mr. Herman stated the Borough’s going to start doing that.

Mr. Herman informed everyone the Chief is asking permission to attend the Chief’s Conference in Valley Forge, which he has attended regularly.   Mr. Herman recommended Council give permission at the Council Meeting.

Mr. Herman stated there is a TEAM Legal Seminar coming up, which the Public Safety Committee asked Chief Hall to attend.   Reed Smith is presenting it and will bring everyone up-to-date on management issues.   Reed Smith is the law firm that has advised Council in the past.   Since the Borough is a TEAM member, Mr. Herman stated there is no cost involved.

Mr. Herman informed Council the Committee is looking at devising a policy on requests to bag parking meters.   For instance, a business is having some renovations done and requests to bag three meters on Main Street for 3-5 days.   Mr. Herman stated the Committee wants to decide if that can be afforded and if that will affect the traffic uptown.  

Ms. Leonard inquired if a deposit fee is being considered.

Mr. Herman commented the Committee is looking at various ways to handle this and will probably have something in the next month or two.

Mr. German asked Mr. Herman if the Committee could look at the cost of police manpower required for special event requests.   Council was supposed to receive this information before but never did.   There is not a policy in place now to address costs involved.

Mr. Herman reported the Committee reviewed it a couple times.   As far as trying to set a fee structure, the Committee discussed anyone requesting additional needs would be asked to make a donation to cover the extra expenses.   Mr. Herman stressed the Committee will revisit that topic.

Housing and Zoning :   Ms. Vavrek informed Council the Committee is not sure if another ordinance will be ready by the Council Meeting for advertising or not.   A meeting is set with Solicitor French on Wednesday to go over some issues that came up during the Council Meeting, which basically turned into another public hearing.   Unless major changes are made to the proposed amendments, the Committee does not plan to have another public hearing.   Ms. Vavrek finds it very difficult to get an opinion without knowing how the Councilmembers feel about the issues themselves.   Just because the amendments were not approved for advertising last month, Ms. Vavrek stressed she is not giving up.   Ms. Vavrek doesn’t have a clear picture from every Councilmember and would like to get his/her opinion now.   Ms. Vavrek asked if anyone wants to allow front yard parking.

Mr. Zerfoss, Ms. Moore, and Mr. Herman indicated they do not want front yard parking.

President Wilshire asked if the existing front yard parking will be grandfathered.

Mr. Ragon feels it would be.

Mr. Herman reported Mr. Ragon and he actually looked at a front yard, which is entirely parked full.   Just because someone has done something for a period of time, Mr. Herman doesn’t feel it makes it legal.   Front yard parking makes the Borough look run down and dilapidated.   Whenever the Committee meets with Solicitor French, this could be brought up.   The Borough still has some parking regulations, which require people to provide so many parking spaces.  

While driving his grandchildren for their paper routes, Mr. Zerfoss noticed a home that had been recently sold.   The entire front yard is parked full with vehicles.

Ms. Moore inquired if there is a section of town where this seems to be prevalent.

Ms. Vavrek stated it occurs mostly with student housing and doesn’t see where parking should be grandfathered.

Mr. Ragon informed Council there is a provision in the ordinance now that permits 25% of the front yard to be used for parking.   Those are the locations that would be grandfathered.

Ms. Moore added the ordinance requires that area must be gravel.

Ms. Vavrek commented the 25% has to include the driveway, which eliminates an awful lot of people.  

Mr. Herman reported the area he’s referring to was 100% parked.   Mr. Herman apologized to belabor the point but in a lot of cases there is adequate parking in another location at the dwelling but it’s not convenient and that’s unacceptable.  

Ms. Vavrek moved on to the R-1 status from Marronee Street up both sides of Seventh Avenue down South Street to Ditz Place, which include houses owned by Dave Estadt and Verne Hamilton.

Ms. Moore questioned if Ms. Hamilton or Mr. Estadt have offered any comments.

According to Mr. Ragon, Ms. Vavrek relayed they both want R-1.   Kent Pope has not voiced an opinion on the proposed changes.   Rose Logue and Tim Scott are the only ones that don’t want it.   Bill Miller opposed the R-1 change a few years ago but hasn’t objected to it this time.

Mr. Ragon informed Council Mr. Miller doesn’t see R-1 being a detriment for him but hasn’t expressed a comment either way.

Mr. Zerfoss prefers waiting to give his opinion until he has an opportunity to have Mr. Ragon show him the exact area.

Mr. Herman is okay with the proposal.   As stated at the Council Meeting, this will not affect anything now but in 20-25 years down the road.  

Ms. Leonard agreed and stressed the Committee is trying to ensure the integrity of the area.

Ms. Vavrek asked for everyone’s opinion on roomers and boarders.

Mr. Herman stated ownership has to come out.

Mr. Zerfoss commented he will not vote for it the way it is now.   In 1966-67, roomers and boarders were needed but not now.   The word ownership provides a backdoor approach for people.   Mr. Zerfoss realizes Mr. Ragon says it can’t happen, but it’s surprising what an attorney can do.

Ms. Moore cannot vote for it the way it is either.

Mr. Herman stated the previous language contained the word ownership and was removed because it couldn’t be defined.   Then ownership reappeared in this section with roomers and boarders.   If ownership is removed, then this section may be okay.   With it in, lawyers can play games.

Ms. Vavrek asked Councilmembers’ opinion on density and with the definition where the Committee changed all zoning districts to mean no more than two unrelated people.   Ms. Vavrek will check with Solicitor French to see if the Borough can control density.

President Wilshire personally thinks the Borough should have different definitions for each zone like there is now and thought zoning was to provide certain opportunities within the Borough.

Mr. Ragon stated there are different uses now as follows: R-1 is single-family residential; R-2 is single and two-family residential; and R-3 is single, two, and multi-family residential.   What the definition of family changes is the occupancy as to the number of people who live in those particular uses.   The Borough does provide for multiple uses in all the zoning districts.

Mr. Herman commented R-3 has historically been more of a rental property district.   Some of the speakers at the Council Meeting brought up a valid point.   A lot of those places already have 4 bedrooms in a unit.   Mr. Herman feels the Committee is trying to make R-1 single-family dwellings remain as family neighborhoods.   R-2 will allow a little more.   R-3 is the location for the rental properties.   Anybody that legitimately has 4 bedrooms in a unit should be allowed to have that density if it’s already there.   Density is going to exist somewhere, which should be in R-3.   Forest Manor and Reinhard Villages, located just outside the Borough, provide better quality housing and may alleviate some of the problems with poor rental conditions in the Borough.  

Mr. Zerfoss also would like to see R-1 areas restricted to two to help maintain those neighborhoods.   If landlords have the ability now for student housing in R-3, that’s where is should be allowed and should remain. Mr. Zerfoss still believes it is not Council’s obligation to make sure that landlords make money on their rental properties.

President Wilshire commented enforcement already seems to be a problem.   If certain dwellings are grandfathered, it seems as though it would be even harder.

Ms. Vavrek pointed out the comment from Mr. David Gulnac that Council should just leave things alone surprised her.   If things were just left alone, nothing would ever get done.   For example, the Little League fields or the lights at the field, and everything new that has been built to help Clarion Borough and the community.   Ms. Vavrek doesn’t understand that kind of a comment.

Ms. Vavrek reported there were questions raised about the old hospital and what was to be done there.   Mr. Ragon found information dated 1985 where the Zoning Hearing Board approved a request of the Commissioners to put offices in that building.   Conditions were attached, one of which was some type of barrier was to be provided along South Seventh Avenue to keep the vehicles within the parking lot and not out on the street.   Instead the area was blacktopped and there are lines provided to indicate parking.   The DiStefanos have complained the building itself never complied with everything that was required.

Ms. Moore suggested a copy of that decision be given to the DiStefanos.

Mr. Ragon stated Mr. DiStefano already has a copy.

Ms. Moore commented Ms. DiStefano relayed people are coming into their yard.

Mr. Herman inquired if Ms. DiStefano is referring to foot traffic.

Ms. Vavrek feels that’s probably it.

Ms. Moore thought there was a family next to the building that had playground equipment and the owners found people sitting on it.

Mr. Ragon agreed and pointed out the County has put up a fence to keep that from occurring.

Mr. Herman informed everyone he is more familiar with the situation because Eric Kiser, owner of the house, had complained to him about the people in their yard.   A meeting was held with the Commissioners, who pledged to take care of the problem and did.   The Borough has a right-of-way that people use.   Now that the fence was installed, people could be using that right-of-way more, which may be a problem.

President Wilshire asked if people can park on the street in front of the DiStefanos house.

Mr. Zerfoss stated it’s a no parking zone.

Ms. Vavrek received a call from Janet Berberian asking her to encourage Councilmembers to attend the Zoning Hearing Board meeting tomorrow night in reference to the Wenner property on Eighth Avenue.   Councilmembers will not be able to offer an opinion.   However, Ms. Berberian feels it would be good to have Borough representatives supporting R-1 in attendance.

Ms. Leonard and Mr. German both plan to attend.

Mr. Zerfoss reported Councilmembers can speak as an individual not as a Councilmember.

In this case, Mr. Ragon announced the Zoning Hearing Board has already closed testimony and will reconvene to offer their decision.

Recreation :   Ms. Leonard stated that she and Ms. Freenock met with Mike Ebert of the YMCA several times, including a walk through of the Borough pool with Mr. Stutzman.   Council received a resolution, proposing a slight increase in the fees.   The Committee feels the increases are not only needed but fair.   The increase is about $15.

Mr. German commented it’s actually more because no one is entitled to a rebate.

Ms. Leonard noted the rebate has been eliminated.

If a family consists of 6-7 people, Mr. Zerfoss noticed the fee is $125 up to 5 members and $20 for each additional member.

Ms. Leonard agreed and noted one of the five individuals on the family pass can be used for a babysitter.   A lot of other pool facilities charge extra for a babysitter pass.

Mr. German inquired if a child under 2 years of age is still free.

Ms. Leonard stated that was on the fee schedule last year, but the Committee didn’t really discuss it this time.

When the 2006 Budget was adopted, Mr. Herman commented there was a tentative fee schedule included.   Some items on that schedule are not addressed in the resolution.

Ms. Leonard commented the resolution setting the pool fees for 2006 couldn’t be found.

Ms. LaVan thinks Council usually approved the pool fees as part of the budget rather than by a resolution.   The reason there wasn’t discussion on it during the presentation of the 2006 Budget was because there were no recommended changes.

Mr. Herman agreed.

Ms. Leonard reported Ms. Freenock and she felt the proposed changes were necessary.

Mr. German questioned what the increase will generate.

Ms. Leonard announced it was an educated guess for this year.   It will be a real learning year since Ms. Freenock, Mr. Ebert, and she are all new.   The YMCA is changing some of their policies and procedures.  

Mr. German verified $125 was just selected as the generating cost.

Ms. Leonard agreed and noted there wasn’t much information to compare.

Mr. German suggested the figures from the past couple of years could be looked into to see what will be generated and what would go above and beyond previous years.   Also, Mr. German wondered if the day and evening daily pass rates are the same rate.

Ms. Leonard reported yes.   The night time will change.   It will not close the hour it used to be and on certain evenings the pool will be closed and available for parties.

Mr. Herman recalled the Committee received additional information at a meeting referring to the operation hours, who will sell the passes, staggering lifeguard schedules, and when opening and closing days are scheduled, and recommended Ms. Freenock provide all that to the Councilmembers prior to the Council Meeting.   That may answer a lot of questions.

Ms. Leonard thought it would be in this packet but will make sure Councilmembers receive it before Tuesday’s Meeting.

Mr. German asked if pool passes will be available after the Council Meeting.

Ms. Leonard informed everyone the YMCA will be selling the passes this year.   According to Mr. Stutzman, in the little time Mr. Ebert was on Board last year, there was a noticeable difference and it was good.

Manager’s Report :   President Wilshire announced Ms. Freenock is requesting permission to go to several training courses, which will be handled at the Council Meeting.

Old Business : Mr. German asked if the cost of each seminar will be available at the Council Meeting.

Ms. LaVan will make sure all are listed on the agenda.

New Business :   There was none.

Correspondence : There was none.

On a motion by Mr. Herman with a second by Ms. Vavrek, the Work Session was adjourned at 6:10 p.m.

              ______________________________

              Linda M. LaVan

              Secretary of the Meeting