September 25, 2006, Work Session

Summary of Action Taken

Minutes

The Work Session of the Clarion Borough Council was held on September 25, 2006, at the Clarion Borough Office.

President Wilshire called the meeting to order at 5:03 p.m.

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

Citizen Comments:  There were none.

Administration:  President Wilshire commented the National Multiple Sclerosis Society’s special event request for permission for their MS Walk on May 6, 2007, and the League of Women Voters banner request for Remember to Vote on Tuesday to be put up November 1-8, 2006, were in the packet and are all standard requests that Council will have to approve at Tuesday’s Council Meeting.

President Wilshire stated Councilmembers received correspondence from Aon Surety in regards to the sale of Adelphia’s assets to Time Warner and Comcast Corporation.  This was forwarded to Attorney Dan Cohen for review.

Ms. Freenock stated Attorney Cohen relayed it’s okay to sign this paperwork.  Council will have to approve that at the Council Meeting. 

President Wilshire commented Council will have to approve a Consent Order and Agreement from DEP related to the sale of Clarion Area Authority.  President Wilshire and Mr. German attended a CAA meeting a few weeks ago and the projected sale date is still set for November. 

At this time, President Wilshire asked Ms. Freenock to discuss Council’s previous action on backing a loan at the Authority’s request.

Ms. Freenock informed everyone the Local Government Unit Debt Act is very arduous.   Three words, “lease rental debt,” do not appear in the ordinance, which was passed by Council.  Ms. Freenock prepared the ordinance with the definition of lease rental debt so people knew what it meant.  The Local Government Unit Debt Section Associate General Counsel in Harrisburg doesn’t want the definition but wants those three words in the ordinance.  Therefore, Ms. Freenock reported the ordinance needs amended, which means publishing Council’s intent to approve the ordinance.  Once that’s done, a notice needs published that action was taken.  Council can adopt it at Tuesday’s Council Meeting.  Again, this will be an amendment to the original ordinance, which means the timeline will not be affected.  The first Ordinance was sent to Harrisburg September 18, 2006, and should be approved in 15-20 days.

President Wilshire relayed this information to Chuck Johnston, representative of Pennsylvania-American Water Company, who doesn’t feel it’s a problem waiting to approve it next Tuesday.

President Wilshire announced the Administration Committee will be asking for permission to hire a financial consultant.  Council discussed this before in terms of getting some planning from a state program, which the Borough applied for.  This will take place after the October Council Meeting.  Rather than wait until November to hire someone, the Committee prefers to have permission previous so work on the budget can begin immediately.

Ms. Freenock stated request for proposals were mailed out and are due October 16, 2006.  In order to expedite things, Ms. Freenock would like Council to grant permission for the Administration Committee to interview and engage the appropriate financial consultant.  Three responses are anticipated.

President Wilshire added other Councilmembers are welcome to sit in on the interviews with the consultants.

Downtown Committee:  Ms. Moore had nothing to report.

Public Works:  Mr. Zerfoss reported Mr. Stutzman and Mr. Thompson are on their way to Gettysburg for a three-day Public Works Symposium. 

Mr. Zerfoss stated the Department is spending most of their time preparing for Autumn Leaf Festival.  The detour signs are in place and the garbage cans and liners are ready.  Autumn Leaf Festival will tie the Department up this week and next week.

Mr. Zerfoss commented the Public Works Committee met Friday.  The new truck and plow has arrived so the Department’s ready for snow.  Most of the discussion centered on the 2007 budget.  When the time comes, Public Works is ready for the budget.

Public Safety:  President Wilshire stated the big item is the ordinance for the traffic changes.

Ms. Freenock reported the ordinance was advertised and is ready for Council to adopt at Tuesday’s Council Meeting.  It makes official all the stop signs and parking changes made over the last several months.

Ms. Moore stated some people questioned the stop signs at Second Avenue and South Street and don’t feel it’s necessary.

Mr. Zerfoss understands people don’t like the stop sign going north, because he/she has to stop.  There’s a long stretch people gain a lot of speed, but the sign makes them slow down.   Mr. Zerfoss doesn’t feel that reason is good enough to abandon it. 

Ms. Moore agreed people don’t like to go slow.

President Wilshire noted Council will also set trick-or-treat hours and verified the Borough checked with the fire department regarding the parade.

Ms. LaVan stated the fire company set the date.

Housing and Zoning:  Ms. Vavrek stated a Public Hearing will be held prior to the Council Meeting at 6:45 p.m. dealing with a revision to a sub-division plan known as the Troese Plan of Lots #2.  Ms. Arlene Troese, Mr. Richard Troese, and Mr. Henry Troese, Jr., are rearranging the lot size.  One of the issues is the original Troese Plan went to the Assessor’s Office but was not recorded in the Recorder of Deeds Office.  Ms. Vavrek commented it’s not a big issue.  The Troeses’ wish to sell a portion of the property.

Whenever this plan was originally devised, Mr. Ragon added, the County Planning Department and Borough Planning Commission did not require the Mr. Troese to submit anything.  Over the years, it was never recorded at the Recorder’s Office.  This property is the last remaining area to be developed in the Troese Addition.  Mr. Ragon stated the Troeses’ just want to verify what the lot sizes are and how it’s laid out.  It was already approved by the Planning Commission.

Ms. Vavrek stated everyone received a letter in their packet from the Loomis asking for consideration in the fee that they are charged for their sidewalk café attached to the Captain Loomis Inn.  The fee is $600 a year and generally isn’t paid until September.

Mr. Ragon submitted this letter for Council’s consideration, because it hasn’t been paid yet.

President Wilshire informed everyone that was originally instituted when the sidewalk was right beside the building.  The rental agreement was structured so that the Loomis could essentially move the public sidewalk out towards the street so they could put the café there.  Since it was public property, the Solicitor at that time recommended a lease or rental agreement be put in place.  Obviously, Council wouldn’t want everyone shifting the sidewalk.  President Wilshire thinks it was a minimum amount.

Mr. German verified the Loomis has a lease and asked how long it is for.

President Wilshire agreed and doesn’t know the length.

Mr. Ragon believes it was for a 10-year period, which automatically renews every year.

Mr. German asked if the 10-year period is over.

Mr. Ragon isn’t sure.

President Wilshire thinks it sounds as though the Loomis wants the lease restructured.

Mr. Ragon agreed.

Mr. Zerfoss read the letter and understands the Loomis feels the fee is too much for them to pay right now.

According to the letter, Mr. Ragon pointed out the Loomis noted it has been difficult with the students being on vacation but pointed out the students are gone every summer.

Ms. Vavrek noted it amounts to $50 a month.

In the beginning, President Wilshire doesn’t think the intent of the sidewalk café was for the college students.

Ms. Vavrek asked Mr. Ragon to check on the length of the lease agreement.

Recreation:  There was none.

Mayor’s Report:  There was none.

Manager’s Report:  Ms. Freenock had nothing to report.

Old Business:  There was none.

New Business:  There was none.

Correspondence:  There was none.

On a motion by Mr. German with a second by Ms. Vavrek, the Work Session was adjourned at 5:19 p.m.

                     ______________________________

                     Nancy K. Freenock

                     Borough Secretary