August 1, 2006

Summary of Action Taken

Minutes

Citizen Comments:            None

Housing and Zoning:            Brinjac Engineers In Re Sewage Facilities

                  Planning Module; Approved Planning

                  Module for Clarion University’s Science

                  and Technology Center; Adopted Resolution

                  #2006-235, In Re University’s Center

Administration:            Monthly Reports; Work Session Scheduled;

                  Adopted Resolution #2006-236 to Apply

                  for Grant for Financial Operations Review;

                  Discussion on Second Opinion on Zoning

                  Matter on South Seventh Avenue;

                  Authorized Administration Committee, Ms.

                  Vavrek, Both Attorneys, and Borough

                  Manager to Meet and Look at Potential

                  Language Changes in Zoning Ordinance and

                  Make Recommendation to Council

Downtown Committee:         None

Public Works:               Monthly Report; Accepted Low Bid for

                  Financing 2007 F-550 Outfitted Truck

Public Safety:               Foot/Bike Patrols; Reverse Boundary

                  Street and Place Stop Signs on Second

                  Avenue at South Street and at Wood Street

                  and Grand Avenue at Veterans Drive

Housing and Zoning:            None

Recreation:               PA Wilds Meetings; ALF Public Art Bear

                  Update

Mayor’s Report:            Mayor’s Conference Discussed

Old Business:               None

New Business:               Approved Chamber’s Request for JAB Fest

Correspondence:            None

The regularly scheduled meeting of Clarion Borough Council was held on August 1, 2006, in the Assembly Room of the Clarion Free Library.

President Wilshire called the meeting to order at 7:01 p.m.

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

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

The minutes of the June 22, 2006, Special Council Meeting, were approved on a motion by Mr. Herman with a second by Ms. Vavrek.  The motion carried with a vote of six yea.

The minutes of the July 11, 2006, Council Meeting, were approved on a motion by Ms. Leonard with a second by Ms. Vavrek.  The motion carried with a vote of six yea.

Citizen Comments:  There were none.

President Wilshire stated Council needs to approve a module in connection with the Clarion University’s Science and Technology Center, which is listed under Housing and Zoning, but asked the representatives to address it now.

Housing and Zoning:  Mr. Steve Zeller, Brinjac Engineering, representing the Department of General Services (DGS) and Clarion University, passed out the completed sewage facilities planning module, which was discussed at a Work Session.  The module was required by DEP for the new science building that is being constructed as a replacement for an existing science building at Clarion University.  Mr. Zeller stressed it’s not a new building but a replacement.  Therefore, from a sewage standpoint, since there is a Consent Order on the Clarion Area Authority, the equivalent dwelling unit, or edu, will be replaced and there will not be any additional flow.  In fact, the flow will actually be reduced.  The module contains approval from DEP.  Council needs to adopt a Resolution relating to the sewage planning module so that Mr. Zeller can present it to DEP and then construction of the new science building can move forward.

Mr. Herman asked the following three questions: when the project will get started; what the proposed finish date of the project is; and; when the demolition of the old Pierce Science Building will occur.

Mr. Clarence Alcorn, who works with the architects on the project, cannot give a definite answer but can give Council a sense of what will happen.  Right now, the schedule is dictated by the DGS, who will not release the project until the sewage planning module is received.  Once this information is received, it should take about 5 weeks before the bidding process takes place, which would mean about November 1st.  Once the bids are received, it could take DGS 4-6 weeks to sign the contract, meaning the middle of December.  Mr. Alcorn speculates construction will begin the first of the year.  The project will take between 18-24 months to complete.  Once completed, the demolition of the old building will occur. 

Mr. Herman commented between the fall semester of 2008 and the spring semester of 2009.

Mr. Alcorn agreed and noted that’s the best estimation he can provide.

On a motion by Mr. Herman with a second by Ms. Vavrek, approving the Planning Module for Clarion University’s Science and Technology Center, was carried with a vote of six yea.

On a motion by Mr. Zerfoss with a second by Mr. Herman to adopt Resolution #2006-235, a Resolution for plan revision for new land development in relation to the Clarion University’s Science and Technology Center.  The motion carried with a vote of six yea.

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

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

President Wilshire asked Ms. LaVan to check on the Adelphia bill for internet service and thought the Franchise Agreement included that service was to be provided to the Borough at no cost.

Ms. LaVan will check into it.

The motion carried with a vote of five yea with Mr. Zerfoss voting nay.

President Wilshire informed Council the auditor is recommending a number of things to be instituted in the future.  One is whenever Council approves the appropriations, items that Councilmembers have questions on should be voted on separately as to approve or reject.

Ms. Vavrek asked if the auditor means an individual payment.

President Wilshire agreed.

Mr. Zerfoss inquired if that’s in reference to him.

President Wilshire reported Mr. Zerfoss always votes no; and, in the future, Mr. Zerfoss will have to say which bill he wants to vote no on and Council will vote separately on it.  The main thinking behind doing that is that it’s taking responsibility.

Mr. Zerfoss has no problem doing that.

President Wilshire stated Ms. Freenock is on vacation but also included in the packet are the Income and Expense Report, Budget Analysis, and the Overtime Comparison Report for information.

President Wilshire informed everyone a Work Session has been scheduled for August 28, 2006, at 5:00 p.m. in the Clarion Borough Offices.

At the last Work Session, President Wilshire commented Council discussed the possibility of a grant through DCED to look at a financial operations review, which a resolution was included in the packet for Council to adopt to do that.  It’s designed to put early intervention for the community in the municipality in terms of a budget review.

Mr. Herman asked for clarification that this is just the intervention program and not the comprehensive plan.

President Wilshire stated yes.  It’s really a financial review of how things are done.  It’s not a comprehensive review.

Mr. Herman verified the Borough wouldn’t have any kind of fiscal responsibility with this program.  Council would like to take some time to consult and see where to go with any kind of comprehensive review before taking any further action on it.

President Wilshire agreed the comprehensive review is much more extensive.

Ms. Vavrek noted it wasn’t explained how the Borough would pay for the comprehensive plan.

Mr. Herman stated that’s why he wanted to make sure the comprehensive review and intervention program were being separated.  Figures need gathered before Council proceeds with a comprehensive plan; not only figures of what it would cost the Borough but what it would cost DCED and all the details it would provide and return.

If Council adopts Resolution #2006-236, Mr. Zerfoss verified Council isn’t committing any taxpayers’ money out of the budget at this time.

President Wilshire commented yes.

Ms. Vavrek reported it states it’s a DCED grant to apply for money to help the Borough get a financial review.

On a motion by Mr. Herman with a second by Mr. German, adopting Resolution #2006-236, a Resolution to apply for a grant through DCED for a financial operations review, was carried with a vote of six yea.

President Wilshire stated the Administration Committee was given the task of seeking a second opinion regarding a zoning issue originally by Seventh Avenue across from the old hospital.  A firm had put in a group home or assisted living houses, and the neighbors voiced some concerns.  The Borough received one opinion from the Solicitor, which some of the Councilmembers didn’t agree with.  So Council voted to have the Administration Committee select another attorney and seek an additional legal opinion.  President Wilshire stated the Committee engaged Attorney John Smith, Smith Butz firm, who originally represented the residents of Oakwood Drive in a previous zoning matter where the residents were appealing a decision that the Borough had made.  The Committee felt he had experience in dealing with zoning matters.  President Wilshire has discussed this with Attorney Smith and his opinion was sent to Councilmembers.  Attorney Smith doesn’t feel that a home-based business question could be used to stop this type of development in the area.  Part of the problem is that the current Zoning Ordinance doesn’t identify group home anywhere nor does it offer a definition of it.  Attorney Smith provided court documents with his opinion that show other municipalities do have a definition of group homes.  It doesn’t really matter if there’s 1 or 30 in there, it just depends on the definition and identifies what a group home is.  Attorney Smith feels the Borough may be on the right track in terms of other parts of the Zoning Ordinance in terms of the intent being that an R-1 is not a transitory area.  The residential character of the area should be treated that way.  President Wilshire commented Attorney Smith suggests adding more to the Zoning Ordinance in terms of identifying group homes.  Then in the Ordinance there is a list of permitted uses in each zoning district; R-1, R-2, and R-3, which group home is not mentioned in the current list.  President Wilshire would like Council to consider refining the Zoning Ordinance to identify an appropriate area for this type of housing and specifying in the Ordinance what that might be.  Attorney Smith provided examples in the letter of other areas.  President Wilshire thinks this is the way to go and is concerned what Council can do right now.  The Borough’s Ordinance is specific that no more than 2 unrelated people can live in an R-1 area.  If that number is exceeded, then that could be taken as a violation, which is a form of protection.  If residents are aware of more than 2 people living in that dwelling, he/she should contact the police so the Borough has some kind of record this is occurring.

Mr. Herman complimented the Committee for working with Attorney Smith and making sure all the Councilmembers received the correspondence prior to the meeting so everyone had a chance to read it.  It’s pretty well laid out.  Mr. Herman would like to see the Administration Committee and Ms. Vavrek, representing the Housing and Zoning Committee, work with Attorney Smith and the Borough’s current Solicitor on the language and bring something back to Council.

President Wilshire noted other things could be included; such as, occupancy permits.

Mr. Herman thinks Council needs to run the full gamut to do whatever possible to make the document fine tuned.  Even though Council just finished amending the Ordinance, it will probably always be a document that will be shaped as Council goes along.  That’s the nature of zoning and the nature of how people try to work with whatever rule he/she want.  The Borough has an obligation to try to protect R-1 as single-family dwellings only.  Mr. Herman thinks the Borough needs to make sure the R-1 neighborhoods are protected.

Mr. German asked if he’s correct in stating that President Wilshire is basically saying Attorney Smith is agreeing with the Borough’s Solicitor that it is not a business that is being run.

President Wilshire commented Mr. German has the letter that says that in there.

Mr. German understands that was Attorney Smith’s opinion, along with the Solicitor’s, and wanted it to be clear that Council’s not categorizing this as a business.

President Wilshire stated a home-occupied business is allowed in an R-1 area.

Mr. Herman recalls Attorney Smith notes it’s a stretch.  There’s a part there that you could make a case further on down in the letter.

Mr. German reported the letter states Attorney Smith agrees with the Borough’s Solicitor’s opinion that seeking to eliminate this use based on a home-based business would not be proper and wants everyone to be clear on that.

Mr. Herman agreed.

Ms. Vavrek pointed out actually Attorney Smith refers to the Municipality Planning Code and states zoning ordinances shall permit no impact home-based businesses in all residential zones of a municipality and agrees with the Borough’s attorney who informed Council that.  To give background on what the Housing and Zoning Committee has done, Ms. Vavrek is willing to revisit this and go through it again and again.  But initially, Council went to the Borough’s Solicitor, who is now Steve French.

President Wilshire stated originally the Committee had an opinion from the previous solicitor.

Mr. German, Ms. Vavrek, and Ms. Leonard commented not on that subject.

Mr. Herman stressed Council most definitely did.

Mr. German doesn’t believe so.

President Wilshire pointed out it specifically mentioned it was for Seventh Avenue.

Ms. Vavrek reported that’s neither here nor there.

President Wilshire pressed it is here or there, because Ms. Vavrek stated she wanted to go back in the past and there was a written letter from the Solicitor.

If it was a business, Ms. Vavrek noted it was not permitted.

President Wilshire agreed and commented that Solicitor stated it was a business.

Ms. Vavrek moved on that it has been brought to Council’s attention, which some do not feel that it is an impact aspect of this and doesn’t want to get into any huge disagreement, but the Fair Housing Act amendment has to be considered.  According to the current Solicitor, there is a federal law that allows reasonable accommodations for mentally handicapped and mentally challenged people.  In the opinion Council received from Attorney Smith, there was no indication in any way, shape, or form about the Fair Housing Act nor any indication that the people were either mentally challenged or disabled.  Ms. Vavrek noted this is her opinion and everyone is entitled to their opinion, but understands Council had to provide reasonable accommodations for mentally challenged and mentally handicapped people.  If this landed in federal court, Clarion Borough would not win and the cost would be so exceptional that the Borough would have a tough time paying the bills to follow it through court.  This was mentioned before it went to a second opinion.  Attorney Smith is suggesting that the Borough look at the ordinance, which Ms. Vavrek is willing to do and is not saying the Borough won’t do it.  However, Ms. Vavrek wants more of an opinion on how excessive Council can be because the Borough can’t tell students that he/she can’t live in R-1.  The Borough’s not permitted by law to do that.  Ms. Vavrek stressed that’s her opinion and where she’s at but is not saying she won’t review and get as much information on this to see what a solution can be.  Ms. Vavrek is not shutting the idea out.

President Wilshire commented the Administration Committee is going to look at it.

Ms. Vavrek reported Mr. Herman named her earlier but stated the Administration Committee is welcome to do it.

Since Ms. Vavrek is chair of Housing and Zoning, Mr. Herman thought it is only appropriate that she should be privy to that information.  Mr. Herman would want that if it was affecting Public Safety and thinks Mr. Zerfoss would want involved if it was affecting Public Works.  It’s only right.  That’s the proper way to go.

Mr. German agreed.

President Wilshire stated Ms. Vavrek will be included.

Ms. Vavrek asked Mr. Ragon to call the consultant that helped the Borough a number of years ago when the Zoning Ordinance was being reviewed to see why group home was not included in the document.  The consultant didn’t advise the Borough to do that because of the Fair Housing Act.  Also, the Borough was limiting the zoning districts by occupancy numbers, which is how the Borough would control how many people would live in each district.  The consultant felt that was sufficient and didn’t recommend group homes be included in the document.  Ms. Vavrek brought that to Council’s attention as to what the Committee discussed before and stated Council can proceed.

On a motion by Mr. Herman with a second by Mr. Zerfoss that Council pursues potential language changes and authorizes the Administration Committee, Ms. Vavrek, both attorneys, and the Borough Manager to meet and look at these things and make recommendations back to Council.

President Wilshire asked for any questions.

Mr. Zerfoss reported President Wilshire previously commented if anyone knows of a situation where more than 2 unrelated people are residing in an R-1 area he/she should contact the police and inquired if he/she shouldn’t be calling Mr. Ragon.  This really isn’t under the Police Department’s jurisdiction.  Mr. Zerfoss stressed Council shouldn’t add onto the police and take away duties from Mr. Ragon.

President Wilshire agreed he/she should contact the Borough Office.  The police wouldn’t have to investigate but it would be on record.

If a person contacted Mr. Ragon, Mr. German asked if that would be on record.

Mr. Ragon commented yes.

President Wilshire thinks Ms. Freenock wants to review them as well.

At the next Work Session, Ms. Vavrek intends to present a resolution to Council that would allow complaints be put in writing so Ms. Freenock as well as Mr. Ragon would see them.  This will be brought up at the next Council Meeting.

Mr. Zerfoss agrees 100% with President Wilshire that the Borough now has 3 opinions.  Solicitor French and Attorney Smith kind of agreeing and then former Solicitor Marshall is completely opposite of their opinions.  Mr. Zerfoss saw that opinion over the last couple of weeks but noticed it was requested when Solicitor Marshall was still the Borough’s Solicitor and inquired who requested it and why it just appeared now.

Mr. German asked Mr. Ragon to shed some light on this issue.

With permission from Carol Lapinto then Borough Manager, Mr. Ragon contacted Mr. Marshall and questioned what constituted a business being operated out of a home.  Mr. Ragon’s specific question was would the existence of an office in that home constitute that being a business.

Mr. Herman reported the Solicitor’s written response listed a specific home on South Seventh Avenue.

Mr. German doesn’t think Mr. Ragon’s disputing that.

Mr. Herman just wanted to make sure that’s on the record.

Mr. German verified Mr. Ragon’s question was if they had an office inside.

Mr. Ragon stated yes and asked if that constituted a business out of a home.

Mr. Zerfoss confirmed what Mr. Ragon requested is pretty much what Council’s discussing in the other opinions.

Mr. Ragon stated his request was in order to determine whether a business was operating out of a home.

Mr. German questioned what Attorney Marshall specifically stated.

Mr. Ragon informed Council Attorney Marshall stated if there was an office that would constitute a business being operated out of a home.

Mr. German stressed only if there was an office.

Mr. Ragon agreed.

President Wilshire asked Ms. LaVan to make sure all Councilmembers get a copy of that letter.

Ms. Vavrek thinks everybody did receive it.

Mr. German and Ms. Leonard received it.

President Wilshire pointed out Mr. German was asking what it stated.

Mr. German stated he was letting Mr. Ragon clarify it and did receive the letter.

Mr. Herman received it about a month ago.

Hearing no other questions, the motion tied with Mr. Zerfoss, Mr. Herman, and President Wilshire voting yes and Ms. Leonard, Ms. Vavrek, and Mr. German voting no. 

Mayor Stroup broke the tie by voting yes and doesn’t think Council has to change the Ordinance but can look at it.  The Committee should look and go forward with it to see what Council would need to do to allow for this in the Borough.

Ms. Leonard asked for the motion to be read back.

Ms. LaVan stated it was to pursue language changes, which were directed to the Administration Committee, Ms. Vavrek, both attorneys, and the Borough Manager and to have a meeting and recommendation for Council.

Mr. German asked what is meant by both attorneys.

Ms. LaVan thinks it is Solicitor French and Attorney Smith.

Mr. German asked if both are necessary and who made the motion.

Mr. Herman stated he made the motion and thinks Attorney Smith is necessary because he is more of an authority on this and more experienced.  Attorney Smith brought up things that Mr. Herman doesn’t think Solicitor French is as familiar with.  Both attorneys should be working together and should be on the same page.  If the attorneys disagree, then they should speak for themselves.

President Wilshire stated this may be done via telephone with the attorneys.

If Council wants to continue to protect R-1 as everyone states, Mr. Herman feels it doesn’t look like Council’s backing that.

President Wilshire informed Councilmembers there was an addendum to the letter from Attorney Smith, which are lengthy court opinions and are available at Ms. Freenock’s office for review.  As Ms. Vavrek mentioned, Council has to be aware of the Federal Fair Housing Act the whole time.  If fair accommodations are made within the existing zoning laws, President Wilshire thinks that may be appropriate but is not an attorney.  That’s what President Wilshire would like to do.  Right now, the Zoning Ordinance doesn’t allow for it anywhere so in affect it can be everywhere.  Council has to make some kind of accommodations in the Ordinance like some of the other municipalities to specifically identify the districts where it’s allowed.  For instance, the Borough’s zoning law states adult entertainment is allowed, which is in the industrial zone.  A zoning law has to allow someplace for everything.

Downtown Committee:  There was none.

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

Mr. Zerfoss reported the bid results for financing the 2007 outfitted truck and plow for the coming year were in the packet.  At first, the truck wasn’t included in the budget.  Then Council received a letter stating if the Borough wanted to get a truck for the winter season the order was necessary, which Council did.  However, the truck wasn’t supposed to arrive until November but got here early.  Before releasing the truck to the company to have the plow put on it, the Borough had to pay for that part.  Mr. Zerfoss commented Ms. Freenock solicited bids for monthly payments to finance it until next year’s budget.  Mr. Zerfoss is glad to receive the truck a month early rather than late and had no choice but to move forward.  Six bids were received.

On a motion by Mr. Zerfoss with a second by Ms. Leonard to accept the low bid from S & T Bank for financing the 2007 F-550 outfitted truck at the rate of 4.22%.

For the record, President Wilshire asked if that is going to be paid by Liquid Fuels funds.

Mr. Zerfoss stated Liquid Fuels, $4,000-5,000 from the sale of the old truck, and $10,000 in the budget for big pieces of equipment will go towards the payment.

Mr. German inquired how much Liquid Fuel money there is.

Ms. Vavrek pointed out the bid sheet indicated $21,886 of the Borough’s allocation can be used towards major equipment.  Ms. Vavrek doesn’t understand the notation $10,000 has been allocated for payment on the existing pick-up truck.

Mr. Stutzman announced the Borough’s allowed to use 20% of their annual Liquid Fuels money towards equipment purchases.  That varies from year-to-year.

According to the previous minutes, Ms. Leonard reported the old truck was sold for $4,000.

After some discussion, the motion carried with a vote of five yea with Mr. German voting nay.

Public Safety:  Mr. Herman stated everyone’s probably noticed the article in the newspaper on the foot and bike patrols and thanked the Public Safety Committee, the Mayor, the Chief, and especially the Police Department who have fully embraced the program.  They are really doing an excellent job.  Mr. Herman appreciates the fact the officers are stepping forward on this new program.

Mr. Herman reported the Committee would like to do two sets of stop signs and a traffic reversal.  These will be encompassed in one motion but wants to discuss them first.  The Committee’s been working on reversing Boundary Street from Fifth Avenue to Sixth Avenue.  The Committee has been reviewing this for awhile and is ready to move forward.  The signs are in.  Mr. Herman asked the Public Works Committee to make the changes.  Mr. Herman asked the media to publicize this substantial change.  The reason is it is pretty dangerous to be pulling out onto Fifth Avenue in almost any fashion. 

Mr. Herman stated next are two sets of stop signs, which will be done on a 60-day trial period.  After that, they will be reassessed and finalized.  The first location is to place stop signs on Second Avenue, both north and south, where it intersects South Street.  The other is to put a stop sign at Wood Street where it intersects Veterans Drive and one on Grand Avenue where it intersects Veterans Drive due to speed and lack of being able to see around the corner.  Mr. Herman has contacted the credit union to see if they would be willing to place a stop sign at the exit of the drive-thru.  This will be taken to the Board.  Mr. Herman stated the owners of Motter and Fleming apartments have been notified and agree there is a problem with safety.  Mr. Stutzman has agreed to paint a white line across the road to signify where motorists are supposed to stop.  These will also be effective next Monday, August 7, 2006. 

Mr. Herman made the following 3-part motion: reverse Boundary Street from Fifth Avenue to Sixth Avenue; place stop signs on Second Avenue, both north and south, where it intersects South Street for a 60-day trial period; and place a stop sign at Wood Street where it intersects Veterans Drive and a stop sign at Grand Avenue where it intersects Veterans Drive for a 60-day trial period, effective August 7, 2006.

Mr. Zerfoss seconded the motion and agrees with everything Mr. Herman stated and thanked him along with the Public Safety Committee and the Mayor for their work.  These are all necessary. 

Mr. German inquired when Council puts up signs for 60-day trial periods why it never comes back to Council.

Mr. Herman stated it has and motions have been made to make the changes permanent.

Mr. German disagrees and doesn’t think all of the changes were.

Mr. Herman stressed they have.  Ms. Freenock has concerns on a particular item, which Mr. Herman will discuss with her.

If someone contested a ticket, President Wilshire verified these have been officially approved.

Mr. Herman could provide Council with a 20-minute explanation but will wait until next month.

When these signs are in place, Ms. Leonard asked the Chief to make sure the officers concentrate on those areas, especially when the students are back.  The signs at Heidrick Street and Grand Avenue are ignored most of the time.  The areas should be vigorously patrolled so everyone’s aware of the changes.

Mr. Herman mentioned Mr. Stutzman has suggested using flashing red lights on the stop signs on Veterans Drive to bring everyone’s attention to them.

Mr. Stutzman informed everyone flashing lights will be placed on all the new stop sign locations.

Mr. Herman agreed it’s especially hard for the students who were familiar with the previous ways and stated that’s why the Committees want to reverse Boundary Street now before the new school year.

Mr. Zerfoss encouraged the press to relay these changes to the public.

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

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

Recreation:  Ms. Leonard attended a meeting called by Commissioner Donna Oberlander this month.  The first meeting was held July 20, 2006, and included Dave Morris, Great Outdoors Visitors Bureau, the other two Commissioners, Ms. Moore, and she to join forces to see what everyone could do to try to make a united front for the PA Wilds money.

Ms. Leonard met shortly after that meeting with Mr. Morris in reference to his request at last month’s Council Meeting for Council to consider placing the ALF public art bear at Paul A. Weaver Community Park.  After polling several Councilmembers and for various other reasons, Ms. Leonard relayed to Mr. Morris the Borough felt that wasn’t the appropriate place to put the bear.  In the meantime, Ms. Freenock contacted Ms. Tracy Becker, Director of the Clarion Chamber of Business and Industry, to see if they were interested in the bear at their new location, which the Chamber was.  Ms. Leonard relayed this all to Mr. Morris, who was very appreciative of all the legwork.  Mr. Morris will take this back to his Committee.

Upon Andrea Maitland’s request, Ms. Leonard stated Commissioner Oberlander called another meeting with the Commissioners, Ms. Moore, Penn Dot representatives, and she  concerning signage along I-80, particularly to direct more people into Clarion and let motorists know there is a business district beyond Wal*Mart, which includes specialty shops.  The Borough is involved because of some of the local signage, which is due to be updated now.  This information will be passed onto the Public Works Department, who can contact Penn Dot.  Hopefully, better, easier-to-read signs will be up soon.

President Wilshire questioned if the Chamber was involved in that discussion.

Ms. Leonard commented the Chamber wasn’t at that time but was assured by Ms. Maitland that they would be included in the following meetings.

Mayor Stroup added Mr. Morris has already been contacted on using some PA Wilds money towards these signs.

Mayor’s Report:  At the Mayor’s Conference, Mayor Stroup had the pleasure of listening to a speaker from DCED about public safety and some re-assessment.  Mayor Stroup hasn’t had a chance to touch base with the gentleman and hopes to report in the future about some chances the Borough will have working with DCED at no cost to investigate some things.  Overall, the Mayor’s Conference was very good.

Old Business:  There was none.

New Business:  President Wilshire stated Councilmembers received a request from the Clarion Chamber of Business & Industry for support of the second annual Jazz-Arts-Blues Fest (JAB Fest), which will be held Friday, August 11, 2006, through Sunday, August 13, 2006.  The following requests were received in relation to the event: free parking is requested for Friday and Saturday for sidewalk sales; a waiver of the Borough Noise Ordinance for live music on the Captain Loomis Patio for the Taste of Clarion event for the Downtown food participants on Saturday from Noon until 4 p.m.; and five (5) meters bagged as no parking on Grant Street by the Gazebo from 4 p.m. Friday, August 11, 2006, through 7 p.m. Sunday, August 13, 2006.

Mr. Herman asked Chief Hall to make a special note on the Noise Ordinance waiver.

Mr. German questioned if Council can legally act upon a request for a waiver.

President Wilshire inquired when the ordinance is in effect.

Chief Hall stated all the time.

Mr. German voiced concern a precedent would be set if Council allows it and asked Mr. Herman’s opinion. 

In the past, Mr. Herman thinks Council has passed things provisionally, but Council could approve the letter without one of the requests.  As soon as someone hits a drum, the Noise Ordinance will be violated.

Ms. Leonard stated the timing is reasonable.

President Wilshire stated it’s the wording of the request.

Mr. German agreed and voiced concern and questioned if Council can fulfill the request of a waiver of an ordinance for a period of time.

Ms. LaVan stated the Chamber contacted the Office and wanted to go about this right.  There have been bands or people performing in the Park before.  Complaints were received from businesses on Grant Street, because it was so loud the windows were rattling.  The police went up to the Park and the music was toned down.  Ms. LaVan doesn’t believe the music will be overly loud or distasteful.

Mr. German suggested that be scratched from the request.

Mr. Rodney Sherman stated it’s no different than granting a waiver from the Parking Ordinance.

Mayor Stroup noted that’s done every December.

Mr. German asked if Council’s granted free parking for sidewalk sales before.

Ms. Vavrek commented no.

Ms. LaVan reported not for this event but during Spring Fling and ALF free parking is given for sidewalk sales.

Mr. Zerfoss agreed that’s been done for years.

President Wilshire doesn’t think the waiver is needed.

Mr. Zerfoss made a motion the Chamber’s request be granted.

Ms. Vavrek feels the waiver of noise should be removed and questioned what someone would complain about during the hours of Noon to 4 p.m.

Chief Hall pointed out somebody called whenever the band was practicing at the Clarion High School.  People call the police for about anything.

Mr. Herman seconded the motion.

The motion carried with a vote of six yea.

Correspondence:  There was none.

On a motion by Mr. Herman with a second by Mr. German, the Council Meeting was adjourned at 8:10 p.m.

                     ______________________________

                     Linda M. LaVan

                     Assistant Borough Secretary