June 22, 2006, Special Council Meeting

Summary of Action Taken

Citizen Comments:            Bill Mills In Re Businesses in R-1 Area

Administration:            2006 CDBG Application Discussed;

                  Approved Resolution #2006-232,

                  Authorizing President to Sign 2006 CDBG

                  Application; Adopted Resolution #2006-

                  233, a Fair Housing Resolution; Approved

                  Request by Chamber for $750 Contribution

                  for Fireworks; Approved Fair Weather

                  Friday Request

Downtown Committee:         Update on Downtown Clarion Revitalization

                  Committee

Public Works:               Paving Project Completed; Paved Drop-

                  Off Location for Brush, Leaves, Limbs, and

                  Yard Waste to Solve Problem; Brush

                  Ordinance Procedure Discussed; Authorized

                  Nancy Freenock to Pay for 2007 Ford

                  Chassis

Public Safety:               Hired Stephanie Byers to Fill Meter

                  Enforcement Officer Position; Offer

                  Temporary Part-Time Basis to David

                  Hauserman; Increased Meter Enforcement

                  Officer’s Hourly Rate to $7

Housing and Zoning:            None

Recreation:               Pool Status; DCNR Seminar; Discussed

                  Pool Lease

Mayor’s Report:            Pennsylvania Wilds Conference; Little

                  League Fields

Manager’s Report:            Pool Parties Announced; YMCA Purchased

                  Chairs for Around Pool

Old Business:               None

New Business:               None

Correspondence:            None

Executive Session:            Discussed Possible Litigation Related to

                  Zoning; Instructed Administration

                  Committee to Contact an Attorney for

                  Second Opinion on Zoning Matter

Minutes

The Special Council Meeting of the Clarion Borough Council was held on June 22, 2006, in the Clarion Borough Offices.

President Wilshire called the meeting to order at 8:30 a.m.

Councilmembers present included Mr. Zerfoss, Mr. Herman, Ms. Leonard, Ms. Vavrek, Mr. German, and President Wilshire.  Ms. Moore was absent.  Chief Hall, Ms. Freenock, Mayor Stroup, and Mr. Stutzman were also present.  Mr. Ragon arrived at 8:30 a.m.

President Wilshire announced the Special Council Meeting is primarily to review the CDBG Application but was advertised to take any other necessary action.

Citizen Comments:  Mr. Bill Mills, 177 South Seventh Avenue, stated a letter has been provided a letter to Borough Council regarding the R-1 zoning in their area.  The residents asked the Borough to review the Zoning Ordinance to see if anything can be enforced.  Mr. Mills voiced concern about businesses of any type moving into the R-1 area.  The Mills’ purchased their house, because it was a nice neighborhood for a family to raise children.  With the impact of businesses moving into the R-1 area, the residents wonder how that will affect the value of their homes and the safety of their children due to a higher volume of traffic going through the neighborhood.

President Wilshire verified Council received the letter and stated Council is reviewing the enforcement of the business clause in the Ordinance.  Because of possible litigation in connection with zoning, President Wilshire will call an Executive Session at the end of the meeting.  That’s about all President Wilshire can comfortably say at this point.  Quite a few people signed that letter.  President Wilshire thinks their concern is something that bears attention, especially with similar situations occurring and could occur throughout Clarion Borough.  There are a large number of open rentals in town.

Ms. Freenock received two individual complaints; one from the Mr. and Mrs. Magrini and the other from Ms. Campbell.

Mr. Mills thinks the letters are just the tip, because they were trying to get signatures at 10 p.m.  Many neighbors are very concerned and mentioned they are having the same problems in their neighborhood as well, which are a block or so away.

President Wilshire also received telephone calls from residents one block away.

If there are any kind of disturbances in the neighborhood, whether it is illegal parking, noise, or some other occurrence, Ms. Freenock asked the residents to call the police immediately.  Ms. Freenock heard someone had a case but didn’t feel it was a police matter.

Mr. Mills agreed and informed everyone his wife had contacted the Borough before in reference to motorists speeding down the street.  The Borough and Police Department were very helpful and signs were put up to watch children.  Other than that, Mr. Mills has no personal knowledge of problems.

Ms. Nancy DiStefano, 196 South Seventh Avenue, reported an elderly lady in the neighborhood relayed noise problems in the evening but didn’t call the Police Department.  Afterwards, she wished she would have.  Ms. DiStefano commented she lives alone and was scared.  Since she lives across the street, Ms. DiStefano provided the lady with their telephone number to call with future problems.

Ms. Freenock hopes the Clarion News and the residents present can relay to everyone to contact the Police Department with any issues.

President Wilshire inquired if it’s possible for someone who is older, alone, and scared to have his/her neighbor call the Police Department on their behalf.

Chief Hall commented that’s fine.

Administration:  President Wilshire asked Ms. Freenock to discuss the 2006 CDBG Application.

Ms. Freenock reported the Borough retained the services of GCCA to help the Borough complete this year’s CDBG Application.  Originally, the project was going to be for the fire company.  However, not all the survey information could be collected in time.  Therefore, this year’s project is going to be to replace the Boundary Street steps.  There are a couple sets of steps, but the Borough owns the set from Barber Street down to Boundary Street.  The steps are in a state of disrepair, are an architectural barrier, and are not ADA accessible.  Ms. Freenock asked Mr. Todd Colosimo, the Borough’s consultant, to continue.

Mr. Colosimo informed Councilmembers at this point the Borough’s 2006 Community Development Block Grant Application is completed and needs to be approved by Council.  Two resolutions must be executed.  Mr. Colosimo plans to overnight the application today or tomorrow to ensure the State receives it by June 26, 2006.  As a reminder, the applications are due by the end of March, but the Borough was granted an extension. It should meet all the requirements the State has set forth.  Even if the grant were submitted on time, Mr. Colosimo stated Ms. Beverly Hutzel, the Borough’s grant manager, doesn’t believe the Borough would have received the contract any earlier.  Mr. Colosimo commented there are two portions of this project; administrative funds and project funds.  The application is reserving the entire amount of project funds for the Boundary Street step project.  It may not take it all, but it will be available.  The entitlement this year is for $125,145, which $102,645 is set for the project and $22,500 is set for the administrative portion (which is pretty close to the maximum percentage allowed).  No other sources of funding will go into the project.  Mr. Colosimo pointed out this year’s grant is $13,283 lower than last year’s allocation, but that’s due to an overall cut in the program.

Mr. Zerfoss asked for clarification on which group of steps will be completed.

Ms. Freenock reported the Borough owns the upper set of steps that connect Boundary Street to Barber Street.

Mr. Zerfoss verified the Borough owns the steps. 

Ms. Freenock believes so.

President Wilshire asked if there is proof those steps are owned by the Borough by deed.

Ms. Freenock commented there’s not a deed, but the steps are in the Borough’s right-of-way.  Also, the steps are maintained by the Public Works Department.

Mr. Ragon added the steps are built in the right-of-way from Eighth Avenue from Barber Street to Boundary Street.  Also, the Borough owns a plot of land down in that area adjacent to the steps.

President Wilshire feels it’s a good project but asked if the Borough built them.

Mr. Ragon is not sure.

Mr. Zerfoss stated just because the Borough maintains the steps doesn’t mean the Borough owns or built them.  The safety factor is not the problem.  It’s a question of whether the Borough is fixing up steps without owning them. 

Ms. Freenock thinks the Borough owns the steps.

President Wilshire thought a firm or firms had donated money to have the Boundary Street steps built.

Mr. German inquired why President Wilshire is asking if the Borough owns the steps.

President Wilshire feels it should be clarified since the Borough needs to get legal opinions on a lot of things.  If the Borough doesn’t own them, it may be a factor in receiving the grant money.  The Borough owns the right-of-way all over Clarion but that doesn’t mean the Borough’s responsible for everything in the right-of-way.

Mr. Colosimo feels the removal of architectural barriers would be allowed regardless of if the Borough owns them or not.  The question may be would someone come back to the Borough for demolishing the steps and putting something else in.

President Wilshire asked how repairing the steps will help with the ADA requirements.

Ms. Freenock informed everyone the steps are going to be completely demolished and replaced with a ramp.

Mr. Stutzman stressed those steps are the main artery for children in that area that don’t have bus transportation to get to the elementary school.

If the Borough doesn’t own them, Mr. German questioned who does.

President Wilshire honestly doesn’t know.

Ms. Freenock stated Mr. Ragon can contact the Assessor’s Office to try to find out.

President Wilshire noticed the census report indicates that 6,185 people in the Borough includes the college students and was led to believe before the students were in addition to that number.

Mr. Colosimo stated 6,185 reflect everyone who resides within the Borough; students and permanent residents alike. 

President Wilshire asked if that helps the Borough get the low/moderate income (LMI) level.

Mr. Colosimo believes HUD uses at least a portion of the students in their calculation.  The chart on page 3 shows HUD estimates the number of persons within the Borough and then estimates the actual LMI.  HUD estimates from the census data.

President Wilshire noted the Borough’s population without students is more like 4,000.

Mr. Colosimo feels that would be right.

Mr. German asked if President Wilshire thought that number was low.

President Wilshire stated yes and was always led to believe the Borough’s population was about 6,000 and the students were on top of that number.  Later in the narrative the curb-side recycling program is discussed, which municipalities having a population over 6,000 are mandated to have such a program. President Wilshire commented the Borough may look into that some more, because the Borough may not be required to have a curb-side program if the resident numbers are those.

Ms. Vavrek also thought that number was low.

President Wilshire noticed in the application it states the Borough owns three recreation facilities.  The Borough owns the pool; however, the land is leased from the school district.

Ms. Freenock believes that is pointed out later in the application but could be clarified there as well.

Mr. Colosimo agreed changes can be made at this time.

President Wilshire again asked if the resident numbers are correct.

Mr. Colosimo stated yes.  The question came up when GCCA was working on the application and a colleague concurred that number is correct.

Ms. Freenock pointed out the census page shows a breakdown by age and there is a fairly large number in the college age group (20-24 years of age).

Mr. Colosimo agreed that category is about 4 times the size of the other categories.

On a motion by Mr. German with a second by Ms. Vavrek to approve Resolution #2006-232, authorizing the President of Council to sign the 2006 CDBG Application.

President Wilshire verified it doesn’t matter if the Borough owns the steps.

Mr. Colosimo believes from a grant standpoint it can be completed.  If the Borough doesn’t own them, it would be a good idea to get an agreement in place with the owner for permission to complete the project, which could be submitted to the State at a later date.  Mr. Colosimo doesn’t think it will affect the project’s eligibility.

The motion carried with a vote of six yea.

For the record, Mr. Zerfoss voted yes because the safety for the Borough children and residents who use those steps is important.  However, Mr. Zerfoss requested clarification on who owns the steps and who built them, because it’s completely different today than what Mr. Zerfoss thought it was.

President Wilshire stated Council needs to approve Resolution #2006-233, a Fair Housing Resolution, and asked for more information.

When other grant applications were submitted this year, Mr. Colosimo received requests from grant managers of those municipalities that a Fair Housing Resolution be included in the application in addition to the annual publishing of the notice.  Clarion Borough’s grant manager has not requested it yet.  However, Mr. Colosimo thought this may be a trend next year for the rest of the applications and decided to include it with Clarion’s application this year.  The Borough probably executed this resolution around 1989-1990.

Ms. Freenock agreed.

Mr. Colosimo is not sure why the grant managers want to see it again and stressed the Resolution Council has is the exact resolution to the word as what was done before.

President Wilshire asked if the grant manager is with CDBG.

Mr. Colosimo stated the managers are with DCED.

President Wilshire questioned if the Resolution obligates the Borough to follow the Fair Housing Act, which is a federal law anyways.

Mr. Colosimo commented yes.  It essentially states the same thing as the Borough’s fair housing notice that the Borough publishes each year.

On a motion by Ms. Vavrek with a second by Mr. German, adopting Resolution #2006-233, a Fair Housing Resolution, was carried with a vote of six yea.

President Wilshire stated Council received a letter from the I Love Clarion Committee seeking a $750 contribution towards fireworks, which has been budgeted.

Mr. German thought Council already did this.

President Wilshire reported Council discussed it but didn’t have a letter requesting a donation.

On a motion by Mr. Zerfoss with a second by Mr. Herman to approve making a contribution of $750 to the I Love Clarion Committee for the Fourth of July Fireworks event.  The motion carried with a vote of six yea.

President Wilshire commented the Clarion Area Chamber of Business and Industry submitted a letter asking for permission for “Fair Weather Fridays’ and noted this is the second year for the event.

On a motion by Mr. Zerfoss with a second by Ms. Leonard, approving the request from the Clarion Area Chamber of Business and Industry to use North Sixth Avenue between Crooks Clothing and Northwest Savings Bank for their “Fair Weather Fridays” on July 7, 14, 21, 28, and August 4, 2006, was carried with a vote of six yea.

Downtown Committee:  Ms. Freenock, in the absence of Ms. Moore, reported the Downtown Clarion Revitalization Group met this month to gauge interest in the merchants getting on board and trying to get grants.  This was a goal before but somehow got off track.  One of the main concerns was parking.  The question is going to be if Public Safety can do anything to enhance parking or add spaces.  Ms. Freenock stated Ms. Leonard and she attended a seminar where it appears there is funding available for downtown revitalization.  That information will be passed onto the Committee.

Public Works:  Mr. Zerfoss reported the paving project has been completed.  Hager Paving worked with the Maintenance Department and the project went well.

Mr. Zerfoss stated a complaint was received last month in reference to some problems with the drop-off location at the Public Works Department for brush, leaves, limbs, and yard waste.  After some discussion, Mr. Zerfoss reported the decision was to pave the area where the items are to be placed.  This will allow the water to drain off the refuse and solve the problems mentioned.  Also, Mr. Stutzman has assigned the maintenance employee responsible for hauling this debris away to do it on a more frequent basis.  Ms. Freenock sent a letter to the individual about how the problem was being handled.

Mr. Zerfoss commented last year Ms. Vavrek, Mr. Stutzman, Mr. Ragon, and he met to discuss the Brush Ordinance.  The Public Works employees used to trim and cut branches in the streets and alleys, which the residents didn’t appreciate because they felt that the job was not professional.  The ordinance was updated and it was determined the Public Works Department would provide a list of addresses where trees or shrubs need trimmed to Mr. Ragon who would then notify the property owners to cut them within 10 days.  If the work was not completed, the Public Works Department would do it.  It is necessary that the branches and brush get trimmed because in some cases signs and sight at intersections are blocked, which causes a dangerous situation.  Mr. Zerfoss stated this ordinance needs to be enforced and encouraged residents to trim their trees and bushes when notified by Mr. Ragon. 

In concert with that, Ms. Freenock commented Mr. Ragon is checking sidewalk obstructions.  Letters will be sent to residents for this problem as well.

President Wilshire trimmed some of his trees and brush and took it out to the drop-off location.  Two individuals were there dropping off debris and informed President Wilshire that location is the best thing the Borough’s ever done.

Mr. Zerfoss also received a compliment from an individual on how important the drop-off location is and how nice that it is available all year long.  The individual stated reversing the one way direction of Boundary Street is a great idea, too.  The man doesn’t mind paying taxes in the Borough of Clarion where the Councilmembers and employees provide services to the taxpayers in Clarion.  Mr. Zerfoss thanked him for his comments.

Before moving to Public Safety, Ms. Freenock asked Mr. Zerfoss if he wanted to discuss the truck.

Mr. Zerfoss stated the truck the Borough ordered has arrived and asked Mr. Stutzman to update Councilmembers.

Mr. Stutzman received a call from Ford that the truck portion, or chassis, is in.  As in the past, the Borough must pay for that before it can be sent on to be outfitted with the plow.  The Borough’s not getting delivery of the truck, but it is ahead of schedule.

President Wilshire verified the original delivery date was supposed to be November.

Mr. Stutzman agreed that’s the date the Borough was given.

Mr. German asked where the money is coming from.

Ms. Freenock reported there is enough money in the General Fund now.  When the Borough gets financing for the truck, it will be paid back.

Mr. Zerfoss reminded everyone the Borough received $4,000 for selling the old truck.

Mr. Herman recalled some of the money is coming from liquid fuels.

On a motion by Mr. Zerfoss with a second by Mr. Herman to authorize Ms. Freenock to pay $33,205 for the 2007 Ford Chassis in order for the truck to be sent to the next destination  to be outfitted and then returned to the Borough.  The motion carried with a vote of six yea.

Public Safety:  On a motion by Mr. Herman with a second by Mr. Zerfoss to hire Stephanie Byers to fill the position of part-time Meter Enforcement Officer.  The motion carried with a vote of six yea.

Mr. Herman commented the Borough has a situation developing where the current meter enforcement officer is ill.  In lieu of what his status will be, the Committee wants to make sure the meters are covered.  Mr. Herman stated the Committee would like to offer what would basically be temporary part-time employment in the case someone cannot work.

On a motion by Mr. Herman with a second by Ms. Vavrek to offer Mr. David Hauserman be hired as a temporary part-time meter enforcement officer to fill in if a current meter enforcement officer is unable to work.

President Wilshire asked for discussion.

Mr. Herman again stated the reason for this is the Borough’s in a quandary of trying to fill those hours.  The Committee doesn’t want to start assigning police officers or other office personnel to issue parking tickets.  By approving someone to work part-time temporarily that would mean someone is in reserve and can fill in.  The Chief and Ms. Freenock would determine the need for this person to work.

Mr. Zerfoss agrees this is the way to go.  The officers are paid too much to be issuing parking tickets.

President Wilshire stated the officers are supposed to increase foot patrols.

Mr. Zerfoss understands that but ticketing and foot patrols are a little different.

If this individual doesn’t accept the position, Mayor Stroup asked if Council wants to authorize the Chief to hire someone on a temporary basis until the next Council Meeting.

If this won’t work, Mr. Herman reported the Committee is willing to wait until the next Council Meeting.

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

Mr. Herman stated the Committee discussed at great length the wage that the Borough is paying the meter enforcement officers.  Brookville Borough pays their meter enforcement officers $10 an hour and they have stayed for quite a while.  The Committee felt the wage should be looked at and the general consensus was to start with a small increase to $7 an hour.  Before making a motion, Mr. Herman asked for Councilmember comments.

President Wilshire inquired what the current rate is and if the increase is budgeted.

Mr. Herman stated currently its $6.50 per hour and the increase to $7 is not budgeted.

Ms. Leonard questioned if the meter enforcement officers get any benefits.

Mr. Herman commented they do not.  This is just being brought up for discussion.  Mr. Herman is not sure if there has been much of an increase since the Borough restructured the parking meters.

Mr. German asked if anyone knows what the 50-cent increase would be per year.

Mayor Stroup commented it would be roughly $750-800.

Ms. Freenock informed everyone the Borough’s been without meter enforcement officers for large gaps this year and the Borough is not up to budget on this.

Mr. Herman pointed out there are state and federal bills pending to raise minimum wage.

Mayor Stroup asked what part-time maintenance employees make.

Ms. Freenock commented $6.50.

Mayor Stroup thinks that may impact those employees as well.

Mr. Herman stated those employees are a different type of part-time workers.  He/she are hired as summer help.  Some people didn’t think it was fair that the summer employees were making the same, or in some cases more than regular part-time employees.

Mr. German inquired if any maintenance employees are making more than $6.50 an hour.

Ms. LaVan reported a returning summer employee will be making $7.00 an hour.  The other two will start at $6.50 an hour.

Ms. Freenock added that particular employee has to attend summer school and will not be able to work until the end of July.  One of the other two employees can only work until the end of July because then he will leave to go to football camp.

Mr. German stated basically the Borough could be paying a summer helper more per hour than a regular part-time employee.

Mr. Zerfoss added $7 is pretty cheap to pay someone.

Mr. Herman feels at this juncture the Borough could increase the hourly rate to $7 and look at it closer in next year’s budget.

Hearing no other comments, on a motion by Mr. Herman with a second by Mr. Zerfoss, increasing the pay of meter enforcement officer from $6.50 per hour to $7.00 per hour, effective June 26, 2006, carried with a vote of five yea with President Wilshire voting nay.

President Wilshire doesn’t have a problem with the wage but thinks the Borough should do it on a budget-year basis.

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

Recreation: Ms. Leonard reported the pool under the management of the YMCA is definitely going in a positive direction.  The cosmetic changes are evident.  The Committee is looking forward to having a full season this summer.

Ms. Leonard reported Ms. Freenock and she attended a seminar with DCNR earlier this week regarding grant writing and the kind of grants that are available.  It was very beneficial.

President Wilshire asked how the attendance has been at the pool.

Ms. Leonard stated it’s early with the weather but it’s still positive.

Mr. German inquired if the family passes are up this year.

Ms. Freenock reported it’s hard to tell, because the Borough’s not sure if the previous year’s numbers were accurate.  There has been a deposit of $6,700 for family passes alone.

President Wilshire feels it’s not too early to begin thinking about what will happen when the lease with the school runs out.  It expires in about 5 years.

Ms. Leonard commented it’s under 5 years.  Ms. Freenock and Ms. Leonard have been checking into some things.  DCNR has checked the condition of the pool and it’s pretty shaky with the possible repairs that will be necessary.

President Wilshire noted most of the grant money that funded the pool before was for rehab purposes.

Ms. Leonard informed Councilmembers Ms. Kim McCullough, DCNR, originally thought the Borough should sign a new lease.  But after an on-site visit, Ms. McCullough realized it’s in dire straights.  The Committee is looking for some grant writing.

Mayor’s Report:  Mayor Stroup announced Ms. Leonard, Ms. Moore, and he will be attending a Pennsylvania Wilds Conference in Coudersport for public officials.  An update will be given in the future.

Mayor Stroup attended a game at the Little League fields the other night and stated it was great to see all the children playing and the lights on.  Hopefully, all the other communities feel the same way.

Manager’s Report:  Ms. Freenock reported on July 4th the YMCA is going to have a pool party with food and games for the children.  Then on July 18th, the YMCA is going to have a splash party with a live broadcast by C-93.

Ms. Freenock commented the YMCA held a fundraiser at Wal*Mart last weekend.  Part of the funds went towards purchasing equipment for the YMCA facility, itself, and the remainder was used to buy more chairs to sit around the deck at the Borough pool.  Ms. Freenock noted there are flowers out and the pool looks very nice and much cleaner than in the past.

Ms. Leonard thinks the YMCA bought 17 chairs and added they are very nice.

Old Business:  There was none.

New Business:  There was none.

Correspondence:  There was none.

President Wilshire called for an Executive Session to discuss possible litigation related to zoning, leaving at 9:29 a.m.

Mr. Rodney Sherman, Clarion News, asked if any action is anticipated.

President Wilshire didn’t know.

President Wilshire called the meeting back to order at 10:21 a.m. and stated the Executive Session concerned possible litigation related to zoning and commented no action was taken.

On a motion by Ms. Vavrek with a second by Mr. German to instruct the Administration Committee to contact an attorney for a second opinion on a zoning matter.  The motion carried after the following roll call vote: Mr. Zerfoss, no (and added he didn’t like the Solicitor’s opinion, doesn’t need a second opinion, and noted the only opinion that counts is his own); Mr. Herman, yes; Ms. Leonard, yes; Ms. Vavrek, yes; Mr. German, yes; and President Wilshire, no.

On a motion by Ms. Vavrek with a second by Mr. German, the Special Council Meeting was adjourned at 10:23 a.m.

                     ______________________________

                     Nancy K. Freenock

                     Borough Secretary