September 5, 2006, Council Meeting

Summary of Action Taken

Citizen Comments:               Vince Elliott In Re Firemen Parking

                     Problems

Administration:               Monthly Reports; Work Session

                     Scheduled; Zoning Issue Addressed;

                     Motion to Pursue Language Change

                     in Ordinance Defeated; Approved

                     2007 MMO’s for Pension Plans;

                     Approved Resolution #2007-237,

                     No Contributions Necessary for

                     Police Plan; Permission to Advertise

                     Ordinance Authorizing Guaranty of

                     Loan for CAA; Special Council

                     Meeting Scheduled

Downtown Committee:            Signs to Direct People to Downtown

                     Clarion Being Pursued

Public Works:                  Approved Additional Request for

                     ALF; Update on Traffic Signal at

                     Wood Street and Eighth Avenue;

                     Thanked Press for Publicity on

                     Traffic Changes

Public Safety:                  Permission to Instruct Solicitor to

                     Review and Advertise Ordinance

                     Amending Chapter 205 In Re

                     Traffic Changes

Housing and Zoning:               Committee Will Research

                     Defining Group Homes; Motion to

                     Adopt Resolution Setting Forth

                     Procedure for Lodging a Complaint

                     with Zoning and Code Enforcement

                     Officer Withdrawn After Discussion

Recreation:                  Permission to Advertise and Apply

                     for DCNR Grant; Adopted

                     Resolution Authorizing President

                     to Execute Necessary Documents

                     for DCNR Grant

Mayor’s Report:               Meeting with Police Officers In Re

                     Filling Shifts; Police Did Good Job

                     with School Back to Session;

                     Welcomed Students Back; Cross-

                     walks Discussed

Manager’s Report:               Pool Closed; Attended PLGSA

                     Conference and Received Scholar-

                     ship; Budget Seminar

Old Business:                  None

New Business:                  None

Correspondence:               None

Minutes

The regularly scheduled meeting of Clarion Borough Council was held on September 5, 2006, in the Assembly Room of the Clarion Free Library.

President Wilshire called the meeting to order at 7:00 p.m.

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

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

The minutes of the July 26, 2006, Work Session, were approved on a motion by Mr. Herman with a second by Ms. Vavrek.  The motion carried with a vote of seven yea.

The minutes of the August 1, 2006, Council Meeting, were approved on a motion by Mr. Herman with a second by Ms. Leonard.

Mr. Herman commented the statement on page 12 relating to the stop signs on Grand Avenue and Wood Street where it stated Motter and Fleming agreed that there’s a problem with speed should have been problem with safety.

Ms. Leonard pointed out on page 6 in the last paragraph there’s a typographical error with Mr. Vavrek instead of Ms. Vavrek.

Noting those corrections, the motion carried with a vote of seven yea.

Citizen Comments:  Mr. Vince Elliott, 520 Wood Street, addressed Council again concerning the parking in the alley by the firemen.  A week ago Saturday coming home from work after 9 p.m., Mr. Elliott almost hit a parked vehicle as he was turning onto Center Place.  The vehicle was blocking the sidewalk and ¾ of the alley.  Parking spaces were available in front of his residence on Wood Street.  After contacting 9-1-1, two officers responded.  One officer suggested designating 1 or 2 parking spaces as fire personnel parking only, which Mr. Elliott doesn’t personally feel there’s a necessity for that.  When parking is available on Wood Street, the firemen should not block the alley.  Mr. Elliott got into an argument with a fireman who reached into the back of his truck like he was getting a weapon.  This was not relayed to the officer, because the fire department already has enough bad publicity.  If the attitude is the fireman can park anywhere without being ticketed, then Mr. Elliott wants to be allowed to do the same thing.

President Wilshire asked what happened after the police showed up.

Mr. Elliott commented the officers arrived as the fire company was returning from the call.  One officer stated not to worry about it; however, the owner of the vehicle did come and move it.

Ms. Moore reported the firemen were informed before to move his/her vehicle as soon as they get back from a call if they are not in a parking area.  Maybe that needs relayed again.

Mr. Zerfoss stressed the firemen may have parked illegally but were answering a fire call.

Mr. Elliott informed everyone when he got home there were 2 spaces in front of his house and all the spaces in front of the White House available.  It doesn’t matter if the fireman that parked illegally was on a call.  If an accident would have occurred, according to the insurance company, it would have been the fireman’s fault.

Even with his car headlights on, President Wilshire verified Mr. Elliott didn’t see the vehicle.

Mr. Elliott commented no, because the vehicle was dark colored.

If Mr. Elliott had it his way, Mr. Zerfoss stated the firemen wouldn’t be allowed to park in the alley at all.

Mr. Elliott feels the only time they should park in the alley is if there are no other parking areas open.  Mr. Elliott stated Mr. Zerfoss is twisting his works.

Mr. Zerfoss supports the fire company who are answering a fire call.

Mr. Elliott reported they have no right to impede traffic, and other volunteer companies do not permit their firemen to block streets.

Mr. Zerfoss doesn’t care about other companies but is concerned with Clarion Borough only.

President Wilshire asked Public Safety to look into this parking situation again.

Mr. Herman informed everyone the Committee will review it again and added the Chief and he will look at the police report.

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

On a motion by Mr. German with a second by Mr. Herman to approve the appropriations for the month of September.

Referring to Mr. Stutzman, Ms. Leonard asked if there is a local Baker Auto Parts to deal with besides Seneca.

Mr. Stutzman stated yes, that’s Clarion Automotive.

The motion carried with a vote of seven yea.

President Wilshire also presented the Treasurer’s Report of Fund Totals, Budget Analysis, and Overtime Comparison Report for information purposes.

Mr. Zerfoss realizes the realty tax collector submits names of everyone who pays his/her property taxes but questioned if the tax collector responsible for receiving the Emergency Management Services tax does the same thing.  Inotherwords, does the collector submit the names of employees in Clarion Borough; for instance, Clarion University.

Ms. Freenock informed everyone the Borough is not privy to that information because that would be a violation of an individual’s right to privacy.

Mr. Zerfoss feels the Borough initiated the tax and should know who is collecting the tax and turning it in, as required.

Solicitor French commented that’s one of the problems with this law that every municipality questions.  The municipalities are not permitted to know how much money an individual makes.  The Borough has to rely upon the employers to collect it.

Mr. Zerfoss stated the Borough is entitled to find out his property assessment.

Solicitor French reported that’s an entirely separate law and issue.  The Borough will not be allowed to have disclosure of the individual’s income.

President Wilshire inquired if a municipality has a right under public information to know how much is paid by the individual.

Solicitor French doesn’t know the answer to that.

President Wilshire asked if the Borough can do an audit of the tax collector.

Solicitor French stated yes.  The tax collector’s supposed to make reasonable assurance that the full amount is being collected.

President Wilshire informed everyone a Work Session has been scheduled for September 25, 2006, at 5:00 p.m. in the Clarion Borough Offices.

Under zoning issues, President Wilshire commented people may recall Council formed a Special Committee of Ms. Moore, Ms. Vavrek, and he to look at the opinion that the Solicitor, along with an opinion from a second attorney, provided regarding the R-1 issue raised at Council Meetings.  The Committee did meet last week.  President Wilshire asked Ms. Moore to give a report on that meeting.

Ms. Moore stated a meeting was held last week and Attorney John Smith was via telephone.  The purpose was to come to a legal understanding of the facts with the intent of bringing closure to the issue.  At the Work Session, those who attended made it clear that the concern in this matter was not the kind of person living in the house but rather the feeling was the Borough was not enforcing the zoning ordinances.  Ms. Moore commented the conclusions the Committee have agreed upon are based on the advice from the Solicitor and attorney who provided Council with a second opinion.  Ms. Moore will address the specific concerns that were expressed during that session.  Number 1, a question was asked why the individual from Person First had not come to Council for a variance.  The answer is that the individual felt he did not need to come to Council, because he was not putting more than 2 unrelated persons in the house.  Ms. Moore reported that is correct; because in an R-1 District, the maximum number of people is “no more than 2 unrelated people”.  Second question was is a caregiver a third person.  A caregiver is not a third person because their permanent home is elsewhere.  He/she is not actually living in the house.  However, Ms. Moore stated should a third client move in, this is in violation of the ordinance.  At this time, there is no third client.  The third question asked was is this a business.  Based on the Committee’s discussion with legal counsel, it is not to be considered a business.  The bottom line, based on a lot of discussion and legal counsel, Council has decided that Person First is in compliance with the Borough ordinances.  Ms. Moore commented there are two additional issues that need to be addressed.  Number 1, the statement was made that cars were parked illegally and that the local police have driven by choosing not to act on violations.  In cases such as these, he/she should please contact the Police Department.  If inappropriate remarks are made regarding a member of your family, this is a matter for the police.  Ms. Moore urged those who see these things to take this matter to the appropriate people.

Mr. Herman asked if the residents who submitted the original letter with the complaint will be getting a written response.  Since he/she were asked to provide this in writing, it seems it would only be appropriate.

President Wilshire thinks it would be appropriate.

Ms. Moore asked if that is Mr. Herman’s wish.

Mr. Herman offered this as a suggestion.  The letter was sent to the Borough Manager.  Solicitor French may be able to help draft a response.  Mr. Herman doesn’t know if the issue of defining group home was discussed.  It’s not currently in the ordinance.

Ms. Moore doesn’t think group home is the term that is appropriate here because it is still limiting by the number of people permitted in the house.  A definition of group home could be put in the Zoning Ordinance, but this is a separate issue.

After listening to legal counsel from the Solicitor, the attorney that provided the second opinion, as well as another attorney while pursuing the second opinion, President Wilshire feels the Borough should define it.  Group home may not be an accurate name.  Something needs defined in the ordinance that would address these types of arrangements and designate approved areas for this type of activity similar to what the Borough already does in the ordinance.  Right now, one of the problems is it could be argued that it could be anywhere or nowhere.

If Council doesn’t work on the language to define a particular subject, whether it’s group home or the like, Mr. Herman fears someone else may try to define it for the Borough.  Council would be better suited to be pro-active rather than having someone else legislate something.  Mr. Herman doesn’t have a fixed idea since he wasn’t in on any of the conversations.

On a motion by Mr. Herman with a second by Mr. Zerfoss that Council continue to pursue some kind of language on defining group home or something akin to that, not confining it to anything other than that, and asks the same Committee that worked on the other situation to look into this and make recommendation to Council at some point.

Mr. German thinks it’s a Housing and Zoning issue and if he understands Mr. Herman’s motion it’s calling for both attorneys again.

Mr. Herman did say same group but the intent is to get a proper definition of group home and added it could be left to the group non-inclusive of Attorney Smith.  However, Council needs to ask for somebody’s help in this area.

Not being on Council the last time the Borough reviewed the entire Zoning Ordinance, Mr. German asked Ms. Vavrek if this topic came up then.

Ms. Vavrek stated the consultant was asked why group home wasn’t included.  The consultant stated the Borough’s ordinance governed the zoning districts (R-1, R-2, and R-3) by density or number of occupants.  Because of the Fair Housing Act, the consultant felt it was best to leave it alone.  Therefore, the Committee didn’t pursue it.  However, that’s not a reason Council can’t research it now.  Ms. Vavrek wouldn’t want to put anything in the zoning document without advice from legal counsel or a zoning consultant.

Mr. German asked Solicitor French if he agrees with that.

Solicitor French thinks the motion is fine as far as the intent is for Council to consider this possibility.  There are pros and cons to defining group home.  Solicitor French doesn’t have a decision for Council as to which way he goes.  Council got into this issue with regard to one specific situation and now are trying to go from that and broaden the scope of it.

Mr. Herman reported this definition has been sitting there for a month or more about what Council does with that in comparison of some other things too.  One individual is doing whatever they’re doing, whether legal or not.  Mr. Herman thinks this document is a document that will change from time-to-time because of what people are doing.  Rather than respond to somebody else’s actions, Mr. Herman prefers to look at it now.

Solicitor French feels the motion is fine so long as the spirit of the motion is that Council investigate it and not have a pre-ordained conclusion.

Mr. Herman believes that’s what he stated.

Solicitor French added it may be that Council wants to define group home or may not.  Right now, the Borough is covered, because the zoning scheme is based upon number of people.  Solicitor French doesn’t know how Council would ever define group home, because presently it would be defined as no more than x-number of unrelated people in a single dwelling.  If it’s more than 2 unrelated, it’s not going to be in an R-1 or R-2 district.

Mr. Herman stressed he’s not asking for a defined conclusion but is asking for research on a potential definition of group home.

Solicitor French thinks the Committee has already indicated that they wanted to go that route but it hasn’t necessarily been made public.

Mr. Herman wasn’t aware of that.

Solicitor French commented he’s had discussions with the Housing and Zoning Committee and the Administration Committee.  This is the way everyone was leaning. 

Ms. Moore asked for the motion to be read.

Ms. LaVan commented it was to continue to pursue some kind of language defining group home or akin to that and have another conference with the same committee to take a look at it and make a recommendation to Council at some point.  Later it was mentioned that it didn’t really need to include Attorney Smith but to have some kind of help.

Mr. German inquired if Mr. Herman wanted the Housing and Zoning Committee to look at it.

Mr. Herman thinks the way a lot of this has transpired the Committee has looked at it and then Housing and Zoning met to discuss it and has no problem with it to continue being handled that way.

Mr. German asked just with Housing and Zoning.

Mr. Herman stated no.  If Ms. Vavrek wants to call a meeting with Housing and Zoning to update everyone, that’s fine.  There are no hidden agendas here.  It’s just a prudent way to go.

Mr. German questioned if Ms. Vavrek is satisfied with that.

Ms. Vavrek doesn’t have a problem looking at it but doesn’t want to put something in the ordinance without knowing it’s correct.

President Wilshire verified the motion is to use the existing committee and not the Housing and Zoning Committee.

Mr. Herman agreed.

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

Mr. Herman inquired if there is some other language that would be acceptable or if Councilmembers prefer not to define this area.

Ms. Leonard personally feels it’s acceptable by numbers of occupants or density allowed in each district.

Mr. Herman stated Council will see.

On a motion by Mr. German with a second by Ms. Leonard, approving the 2007 Minimum Municipal Obligation for the General Employees Pension Plan in the amount of $55,680, was carried with a vote of seven yea.

On a motion by Ms. Vavrek with a second by Ms. Leonard to approve the 2007 Minimum Municipal Obligation for the Police Pension Plan in the amount of $10,727.   The motion carried with a vote of seven yea.

On a motion by Mr. Herman with a second by Ms. Vavrek, approving Resolution #2006-237, a Resolution that no contributions are necessary for the Police Pension Plan, was carried with a vote of seven yea.

At the last Work Session, President Wilshire reported a representative from Clarion Area Authority was present to discuss the need to get a loan to complete the major projects necessary to assist in the sale of the Authority to the water company and the necessity for the Borough to agree to guarantee the loan and asked Ms. Freenock to update Council.

Ms. Freenock stated Council has to authorize the publication of a summary of the ordinance authorizing the guaranty of a loan to be made to CAA.  The ordinance must be available for citizen review.  Once that’s completed and Council adopts the ordinance, a second publication is necessary stating Council adopted it.  Then the two proofs of publication and a certified copy of the ordinance has to be filed with the Governor’s Center.  After 15 days, it will become effective.  This means it will be closer to the end of September before everything is finalized.  Attorney Keith Pemrick, CAA’s attorney, suggested the ordinance be changed instead of DEP approval to PUC approval.  Other than that, Ms. Freenock commented there weren’t any other substantive changes to the ordinance that was discussed at the Work Session.

On a motion by Mr. Zerfoss with a second by Ms. Vavrek to give permission to instruct Ms. Freenock to advertise an ordinance authorizing the guaranty of a loan to be made to Clarion Area Authority.  The motion carried with a vote of seven yea.

After making sure there would be a quorum, President Wilshire stated a Special Council Meeting will be held on September 12, 2006, at 12:15 p.m. to adopt the Ordinance at the Clarion Borough Offices.

Downtown Committee:  Ms. Moore reported the Conservancy is still actively pursuing putting up signs on the exit of I-80 to direct motorists to the Downtown area.  Also, they are looking at possibly putting a mural of Downtown Clarion on a building in town.  Ms. Moore stated the Conservancy will be meeting on September 14, 2006, at 8 a.m. in the basement of the Library.  Ms. Moore asked Ms. Vavrek, who is a Planning Committee member, for anything additional.

Ms. Vavrek informed everyone the Planning Committee will meet on Thursday at 8 a.m. in the basement of Rev. Jake Jacobson’s Church to plan on which way the group is going to go.

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

President Wilshire received a letter prior to the Council Meeting from the Autumn Leaf Festival Committee asking for an additional request to block off Main Street between Fourth and Fifth Avenues on Friday, September 29, 2006, from 5 p.m. until Midnight.  This will allow the new amusement company, Swank Steel City Shows, Inc., to move in and set up.  President Wilshire thinks Council needs to vote on this.

Mr. Stutzman reported that was pretty much at his request.  The street was always closed Saturday night at 5 p.m., at which time the carnival set up.  Since the new company is setting up Friday, for safety reasons, Mr. Stutzman asked the Committee to amend the request.  It’s never been set up on Friday night before.

Mr. German inquired what that would entail from Public Works.

Mr. Stutzman pointed out nothing because everything will already be in place.

On a motion by Mr. Zerfoss with a second by Mr. Herman, approving the additional request from the Autumn Leaf Festival Committee to block off Main Street between Fourth and Fifth Avenues on Friday, September 29, 2006, from 5 p.m. until Midnight to permit Swank’s Steel City Shows, Inc., the amusement company, to move in and set up, carried with a vote of seven yea.

Before moving on, Mr. German questioned the status of Wood Street and Eighth Avenue.

Mr. Stutzman reported the contractor was ready to start but ran into a conflict with an Allegheny Power utility pole.  The pole is going to be removed and the street light will be installed on the traffic signal pole.  When the meeting was held, Mr. Stutzman was never notified.  The first problem was concerning the location of the poles, because the University didn’t want them on their sidewalk and underground utilities were affecting the location, too.  Mr. Stutzman will keep Council informed as information becomes available.

Speaking for Public Works and Public Safety, Mr. Zerfoss thanked The Derrick, the Clarion News, and WWCH for the publicity given on the reversal of Boundary Street and the stop signs.  Everyone did a good job.

Ms. Leonard asked the press to reiterate the changes for a while yet because she noticed a vehicle driving the wrong way on Boundary Street.

Public Safety:  Mr. Herman also thanked the press.

Mr. Herman asked Ms. LaVan if there is a number for the ordinance for the traffic changes.

Ms. LaVan didn’t have a chance to get one but stated the ordinance guaranteeing the loan for CAA will be numbered first.

On a motion by Mr. Herman with a second by Mr. Zerfoss to give permission to instruct the Solicitor to review and advertise an ordinance amending Chapter 205 of Clarion Borough’s Code of Ordinances titled “Vehicles and Traffic”. 

Mr. German asked if Mr. Herman is just looking at advertising at this point.

Mr. Herman agreed.  The ordinance was prepared but will be reviewed by the Solicitor to make sure it’s written correctly and then advertised.  Council will vote on it next month.

President Wilshire asked if it becomes effective immediately.

Mr. Herman commented after the Mayor signs it.

The motion carried with a vote of seven yea.

Housing and Zoning:  Back to Mr. Herman’s motion about defining group homes, Ms. Vavrek feels strongly that the Committee had committed to looking at that particular process.  At the next Housing and Zoning Committee meeting, the Committee will research this to see what way to go with it.  Ms. Vavrek really thinks Council owes that much to the people that have been at meetings to see whether a definition or zoning regulation can or cannot be done.

Mr. Herman appreciates and thanks Ms. Vavrek for that.  The general feeling is someone is going to test it at some point.  Mr. Herman prefers to be pro-active to see if something can be done to benefit the zoning document.  Mr. Herman feels it’s a very acceptable way to go.

Ms. Vavrek reported Councilmembers received a copy of Resolution #2006-238, a resolution setting forth the procedure for lodging a complaint with the zoning and code enforcement officer.  Since there were so many people at the last couple meetings, the Borough did ask them to express his/her concerns in writing with a signature.  The Solicitor prepared this resolution that asks for complaints or any type of enforcement issue to be written up and signed.  It wouldn’t prevent the code enforcement officer from taking notice of a violation on his own.  If someone calls and reports something that requires immediate attention, Ms. Vavrek commented the Borough isn’t going to tell that person to write it down before something will be done.  At first, Ms. Vavrek thought it was rather strict.  However, Mr. Ragon will be able to handle some issues without it being in writing but by logging it into a record.  Ms. Freenock will also be aware of the issues.  During the meeting with the attorneys, both felt this was a good idea.

On a motion by Ms. Vavrek with a second by Ms. Leonard to adopt Resolution #2006-238, a resolution setting forth the procedure for lodging a complaint with the zoning and code enforcement officer.

Mr. Zerfoss inquired if that meant the people that spoke under Citizen Comments at the Work Session would have had to fill out a form before Council heard their issues.

Ms. Vavrek doesn’t think Council can ignore anyone that has a complaint and feels it would be better to get it in writing.  Section 2 states there’s nothing that will prevent the code enforcement officer of taking notice and acting on violations on his own.  If a complaint is received by telephone and needs immediate attention, then Mr. Ragon will act on it.  Common sense has to prevail.  After all the residents attended the meetings, Ms. Freenock did send them a request asking him/her to put their complaint in writing, which he/she did.

Mr. Zerfoss feels it’s wrong to do it for Housing and Zoning when it’s not done for Public Works or Public Safety.  If Mr. Zerfoss were one of these residents, Mr. Zerfoss would feel intimidated that this policy is coming up now.

Ms. Vavrek commented quite a few of these residents signed a petition, where the case was stated at the top.

Mr. Zerfoss asked Mr. Ragon what he’ll do if somebody can’t make it to the office to fill out the form.

Mr. Ragon acts on all requests.  If a call comes in, it’s acted on.  The basis of the resolution is to establish that a complaint has been made.  If a complaint is made at a Work Session or Council Meeting, it’s on record.  That’s the purpose of the form when he/she makes a complaint at the office.

Mr. Herman commented Mr. Ragon just stated a phone call wouldn’t be official and understands what Ms. Vavrek is explaining.  The resolution doesn’t really state it that way.  Section 1 clearly defines that a complaint be put in writing.  Section 2 goes on to say the code enforcement officer can take notice of violations on his own.  The phrase in the document ‘on your own’ doesn’t include phone calls from anybody in the community.  There’s no statement that phone calls can be responded to if immediate attention is necessary.  It sounds as though if it’s not in writing no one has to investigate it.  If the resolution means to say something else, then it should be redrawn.

Mr. German asked what Mr. Herman suggests.

Mr. Herman doesn’t know but the resolution doesn’t fit Ms. Vavrek’s intent.

Ms. Vavrek reported Mr. Ragon receives complaints from some individuals on a consistent basis, which often do not amount to much.  This would allow Mr. Ragon to request the complaint in writing for it to be taken seriously.

Mr. Herman understands that, but the document doesn’t reflect that and should be adjusted.

Ms. Moore thinks it could be reviewed again and feels there is value in putting a complaint on paper.  It helps the person organize his/her thoughts.

Mr. Herman added this came about in response to the situation on South Seventh Avenue.  The attorneys felt in this situation it would be nice to have a clearly defined statement so that it could be responded to.  Mr. Herman asked if that would be an accurate statement.

Mr. Ragon agreed.

Mr. Herman suggested the complaint could be logged as to what it was, how Mr. Ragon responded to it, and when it was handled.  That could be entered on an Excel spreadsheet, which could be given to the Borough Manger on a weekly or monthly basis.  All that information would be on report.

President Wilshire commented there’s a motion and second on the floor.

If this is adopted and a citizen asks a Councilmember to relay a complaint to Mr. Ragon, Mr. Zerfoss asked if that Councilmember will have to fill out a form before Mr. Ragon responds.

Mr. Ragon doesn’t think so.

Mr. German suggested that person should put it in writing to Mr. Ragon if he/she is serious about it.

Mr. Zerfoss stated sometimes people don’t want to give their name.

Ms. Vavrek reported that’s part of the problem because the resident complains and wants something done but doesn’t want their name to be given.  The Committee can work on the language.

President Wilshire stated Ms. Vavrek would have to withdraw the motion and Ms. Leonard would have to agree to it. 

Ms. Vavrek and Ms. Leonard agreed to withdraw the motion to adopt the resolution.

President Wilshire added complaints should be in writing but some leeway is necessary.

Mr. Ragon informed Council a name is necessary when investigating complaints in case a citation is written.  Then that person may have to go to a hearing.  Other than that, the name is not released.

Mr. German asked if Mr. Ragon keeps a record of all his calls now.

Mr. Ragon stated yes.

Recreation:  On a motion by Ms. Leonard with a second by Ms. Moore, giving permission to advertise and update the 1997 plan feasibility and set forth how to accomplish the goals and apply for a DCNR Grant for planning purposes, was carried with a vote of seven yea.

Ms. Leonard moved onto Resolution #2006-239, which authorizes President Wilshire to execute any necessary documents pertaining to the DCNR Grant.

Before making the motion, Ms. LaVan stated the resolution number will change to #2006-238 since the one under Housing and Zoning didn’t get approved.

Ms. Leonard made a motion to adopt Resolution #2006-238, authorizing President Wilshire to execute any necessary documents for the DCNR Grant.

Ms. Freenock commented there’s a 50% match.  Since this is a grant for planning purposes, the Borough can use the 2007 CDBG funds as a match.  After completing the 2006 CDBG project, if funds remain, the application can be amended to include this project.  Right now, the Borough doesn’t have firm costs for the 2006 grant.

Mr. German asked what kind of money Council is looking at.

Ms. Freenock stated a ballpark figure is about $60,000.  If additional facilities are added, it could be between $80,000-90,000.

President Wilshire commented there was a motion and a second to adopt the resolution.

Ms. LaVan noted there wasn’t a second to the motion.

Ms. Vavrek seconded the motion.  The motion carried with a vote of seven yea.

Mayor’s Report:  Mayor Stroup reported the Chief and he met with the police officers in August in reference to a concern about filling shifts.  Even though monetary issues are significant, there are other issues that are being taken into account, such as safety.

Mayor Stroup feels both the Borough and Campus police have done a good job with school back in session.  It’s been pretty calm.  Mayor Stroup welcomed the students back to the community and hopes he/she enjoy themselves and work hard this year in school.

Mr. Herman added the Public Safety Committee discussed crosswalks and emphasized whenever a pedestrian steps out into the crosswalk a motorist must stop and allow him/her to cross the street.  The Police Department is going to enforce this.  It’s really important for safety purposes.  Mr. Herman has seen several motorists not stopping.

Ms. Leonard agreed this is a problem and feels a lot of people think they do not have to stop unless there is a pedestrian crosswalk sign in the middle of the street.  Motorists are required to stop at every crosswalk.

President Wilshire questioned the cost of a ticket.

Chief Hall reported approximately $100.  Pedestrians have to be out on the crosswalk and must realize motorists can’t stop on a dime.

Manager’s Report:  Ms. Freenock cannot believe Mr. Stutzman or Mr. Zerfoss didn’t mention the pool is officially closed.

Ms. Freenock attended the Pennsylvania Local Governmental Secretaries Association in August, which she received a scholarship for first-time attendee meaning the tuition fees were waived.  Emergency management training was one of the topics discussed.  Ms. Freenock and Ms. Moore will be meeting to discuss what needs to be updated in the Borough’s plan.

Ms. Freenock attended a budget seminar and sent Councilmembers a memorandum on budget numbers for next year.  Hopefully, it won’t be too painful of a process.

Old Business:  There was none.

New Business:  There was none.

Correspondence:  There was none.

On a motion by Mr. Herman with a second by Ms. Leonard, the Council Meeting was adjourned at 8:15 p.m.

                     ______________________________

                     Nancy K. Freenock

                     Borough Secretary