January 29, 2007, Work Session

Summary of Action Taken

Minutes

The Work Session of the Clarion Borough Council was held on January 29, 2007, at the Clarion Borough Office.

President Wilshire called the meeting to order at 5:01 p.m.

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

Citizen Comments: Ms. Susan Beary, Lucinda, Pennsylvania, Borough tax collector until 2007, provided Council with a handout including the Emergency Municipal Services Tax (EMST) payments for 2005 and 2006 and copies of the notices that were mailed at the request of the Borough. Ms. Beary asked what the budgeted figures for EMST were for 2005 and 2006.

Ms. Freenock stated for 2005 it was $225,000 and for 2006 it was $155,000. The 2007 figure is $145,000.

Ms. Beary thinks part of the problem is the EMST does not start coming in for the year until May. Council may not be aware of that. The first quarter ends March 31st, and quarterly reports are due by April 30th. Therefore, if Borough Council thought the tax was collected in the beginning of January, it’s not. Ms. Beary commented $130,245.25 has been collected for 2006, but the fourth quarter is not included in that total yet. It’s due Wednesday. For 2005, the total amount collected was $154,173.14. Ms. Beary pointed out the notices were given to her to mail out in reference to the $12,000 limit, which stated anybody making less than $12,000 did not owe the $47 for the Borough only the $5 to the School District.

Ms. Vavrek questioned how Ms. Beary knows who the employers are.

Ms. Beary stated usually new businesses in the Borough notify her or if she notices a new business, she mails the forms out. Sometimes Mr. Ragon contacts her about a new business.

Ms. Moore thinks Ms. Vavrek meant where did the existing list of businesses come from.

Ms. Beary commented the information was already in the computer system. Those businesses already received the earned income tax and EMST reporting forms. The form for the EMST is sent the first of the year. Employers who have a turnover, such as McDonald’s and the Courthouse, receive supplemental forms each quarter.

Mr. Zerfoss asked if the budgeted figures for each year were given to Ms. Beary.

Ms. Beary stated no. The Borough notified her by telephone that the EMS Tax was adopted. Then Ms. Carol Lapinto forwarded her a letter for Ms. Beary to include with the tax forms to all employers explaining the new tax.

President Wilshire doesn’t think Ms. Beary would have been given the budget amounts because that is more of an accounting item. It was relayed to Ms. Beary the amount to bill the employers. President Wilshire thinks the initial problem was the budget projection was overestimated the first year.

Ms. Beary informed Council 2006 is pretty much right on the projected figure.

Ms. Vavrek noticed the letter that was sent to the business owners signed by Ms. Lapinto does mention the $12,000 cap.

President Wilshire agreed that’s how it was presented to Council, which everyone understood there was a cap. The concern that recently came up was whether everybody is paying the tax that should be.

Ms. Beary reported another the letter was mailed to employers that all employees in the Borough have to pay the $52. The over projection may well be the figure now. All the University students that work will have to pay the $47 to the Borough as well as other part-time employees in the Borough.

When the glass plant remits their EMST report, Mr. Zerfoss inquired if Ms. Beary just receives the payment.

Ms. Beary stated the report indicates the taxpayer’s name, social security number, address, and amount paid.

Mr. Zerfoss verified that’s the information she’s allowed to have but the Borough’s not allowed to see.

Ms. Beary agreed.

Administration: President Wilshire reported the Administration Committee met on several occasions with the Clarion Area Chamber of Business & Industry regarding the considerable overtime costs associated with Autumn Leaf Festival. This doesn’t count regular working hours. The Chamber is agreeing to reimburse the Borough $7,000 for overtime for the year. President Wilshire stated that’s an estimate of the cost of the last year’s overtime. The Committee is very appreciative of the Chamber looking into this and agreeing to provide those extra funds. It’s a fair solution.

President Wilshire commented at the Council Meeting Council several event requests will need approved. The Chamber is requesting permission to hang banners for Spring Fling from April 9-May 7, 2007. Another request from the Chamber is for Spring Fling to be held April 30-May 5, 2007. The Chamber requests free parking for sidewalk sales and crafters day and 5 meters bagged ‘no parking’ to be placed on Grant Street behind the gazebo.

Mr. Zerfoss doesn’t recall the Borough giving bags for no parking for the entire week.

President Wilshire noted this is new request.

In discussion with Mr. Herman before the meeting, Ms. Freenock informed Council Mr. Herman prefers the Public Safety Committee review this before action is taken. Therefore, that part will be removed from the Council Meeting agenda.

President Wilshire inquired what will be parked in those spaces.

Ms. Leonard understood the spaces are so the daily entertainment can load and unload.

President Wilshire commented the VFW is requesting permission for Memorial Day Services in May 28, 2007. The WWII Monument Committee submitted a special event request to dedicate the new monument and want to have a parade on June 16, 2007. President Wilshire asked Chief Hall if he had a chance to review this request.

Chief Hall stated Public Safety did and there’s no problem with it.

President Wilshire asked Ms. Freenock to report on the auditing services.

Ms. Freenock sent out request for proposal for the Borough’s audit with the request the bid be submitted two ways; one just for 2006 and the other for years 2006-2008. It was sent to two local companies, and one in DuBois, one in Johnstown, and one in Harrisburg. Two firms called requesting additional information, which was sent. Ms. Freenock stated the only bid was submitted by Zelenkofske Axelrod; thus making the firm potentially the winning bidder. The cost for 2006 is $10,775; 2007 is $11,100; and 2008 is $11,435.

President Wilshire asked how that compares with the Borough’s previous audit costs.

Ms. Freenock reported last year Mary Brooks from Brooks and Rhoads prepared work papers, which cost between $4,000-4,800, and then Maloney Reed was hired to complete it, which cost about $5,000. The two together are close to this amount. The bid for 2006 is close to the budgeted amount this year.

President Wilshire commented Ms. Brooks couldn’t complete the audit due to conflict of interest of being tax collector.

President Wilshire asked Ms. Freenock to discuss the CDBG Program for 2005 and 2006.

Ms. Freenock reported the 2005 project is the storm sewers on Fifth Avenue. The EADS Group has completed about 2/3 of the engineering work and will complete the services and bid the project out. Ms. Freenock didn’t think it would be worthwhile to re-bid the engineering work, and the Borough’s CDBG consultant agreed. For 2006, Ms. Freenock stated the project is for replacement of the Boundary Street steps. The engineering services will be bid and Council will select the winning bidder. Ms. Freenock commented one public hearing was held for the 2007 project to see if anyone had suggestions. The only one in attendance was Mr. German. Ms. Freenock thinks one project is to update the Borough’s Recreation, Park, and Open Space Plan. Also, repairs to the fire house could be included if the Borough can get it to qualify.

Downtown Committee: Ms. Moore had nothing to report.

Public Works: Mr. Zerfoss reported the Department is back on two shifts; Mr. Lawrence and Mr. Larson on night shift and Mr. Thompson, Mr. Masters, and Mr. Stutzman on day shift.

Mr. Zerfoss plans to ask permission for Mr. Stutzman to attend the Municipal Road Maintenance Symposium from April 22-24, 2007, in Hershey, Pennsylvania.

Ms. Moore contacted PennDOT in reference to the annual problem with the snow plows driving too fast on Greenville Avenue at Eighth Avenue, which results with snow being thrown onto the residents’ sidewalks. The assistant manager stated it’s impossible for the drivers to slow down. This isn’t true because in past years, PennDOT has slowed down. Ms. Moore plans to contact someone else also, but, in the meantime, wants to make sure the residents do not get fined for not keeping his/her sidewalks cleaned because he/she can’t. The water freezes and it’s impossible to remove.

Ms. Vavrek asked if the Committee ever discussed some of the Borough’s streets that may need more street lighting. A couple people have complained about some of the alleys, in particular South Street, being dark. Seventh Avenue is not the best well lit area either. Ms. Vavrek recommended the Committee look into this issue.

President Wilshire commented that the Borough encourages people to put these requests in writing.

Mr. Zerfoss recalls a year ago University students approached the Committee in reference to the lack of street lighting out by the stadium. It will be looked into as well.

Public Safety: Ms. Freenock, in the absence of Mr. Herman, commented 4 bids were received on financing for the 2007 police cruiser. The lowest was from Farmer’s National Bank and is good until April 30th. Hopefully, delivery will take place before that.

Mr. Zerfoss commented the Public Works Committee discussed the speeding traffic on Greenville Avenue, which is a Public Safety issue. A letter was sent to Mr. Herman to reduce the speed. Everyone would be surprised with the amount of traffic that Reinhard Villages has impacted on Greenville Avenue. Living in that area, Mr. Zerfoss witnesses the amount. Parents used to let their children walk to school. However, it’s too unsafe now for them to cross from Corbett Street to Boundary Street.

Ms. Moore asked if a crossing guard was ever at that location.

Mr. Zerfoss stated yes. However, once the Borough gave up that position, the School District cut back as well. With 500-600 people living at Reinhard Villages, there are probably 900 cars creating a problem. When the glass plant and businesses get out of work, it gets worse. Mr. Zerfoss recommends the Public Safety Committee and the Mayor look into this dangerous situation.

Mayor Stroup commented the Committee did starting looking at that the last meeting but was not able to finish it. It will be brought up at the next meeting.

Housing and Zoning: Ms. Vavrek reported the Committee received a letter from the Choice Cab Co., who is using their home as the place of business for their cabs that they’re operating in Clarion Borough. This issue has been going on for 6 months or more. Mr. Ragon notified the owner he couldn’t do that. Choice Cab Co. is registered with PUC. The owner was given the opportunity to go to the Zoning Hearing Board to obtain a special exception for the operation of a public utility in that zoning district but did not do so. Now the owner is parking his cabs on the property at Ron Seidle’s used car lot, which doesn’t solve the problem because only 1 principle use per lot is permitted. Ms. Vavrek stated Mr. Ragon will be citing the individual.

Mr. Ragon pointed out the problem with a public utility is a special exception is necessary from the Zoning Hearing Board to operate anywhere in the Borough. The owner has not obtained that and is operating out of a residential neighborhood, which is not permitted.

President Wilshire asked if there is more than one employee.

Mr. Ragon commented the owner, wife, and at least one employee are working at the location. That’s the violation. Traffic also causes undue strain to the residential neighborhood.

Ms. Vavrek pointed out the individual cannot use Ron Seidle’s lot because that makes it more than one use on that lot.

Mr. Ragon agreed the principle use of that lot is to sell cars and to do auto body repairs. The owner of the cab company hasn’t changed his business address. If there was an available business space on the Seidle lot and the individual had a special exception from the Zoning Hearing Board, he could park his cabs there. But to just take the cars and park them on a different lot but still maintain his business in the residential district cannot be done. Written notification was sent to the individual about going to the Zoning Hearing Board but he chose not to do that.

Mr. Ragon reported each year the Borough tries to help the senior citizens and disabled residents by getting volunteers from the University organizations to help clear the snow and ice from the sidewalks. Quite a few students have offered his/her services. Mr. Ragon asked the media to help bring this to the attention of the senior citizens and disabled. He/she must contact the Borough Office at 226-7707 for help.

Mr. Rodney Sherman, Clarion News, agreed to do so.

Recreation: Ms. Leonard stated Ms. Freenock received a telephone call from Mr. Todd MacBeth, the principal at Clarion Area High School, requesting a meeting concerning the high school using the fields at Paul A. Weaver Community Park. A meeting has been scheduled for Wednesday at 5:30 p.m. at the Library Assembly Room.

Mayor’s Report: Mayor Stroup participated in the D.A.R.E. Program with Chief Hall, Officer Robinson, and Mr. Herman the other day to congratulate the children on graduating from the Program.

Ms. Leonard stated there was nice coverage in the newspaper.

Mayor Stroup agreed and appreciated it.

Manager’s Report: Ms. Freenock commented the Chamber dinner is scheduled for February 24, 2007.

Old Business: There was none.

New Business: There was none.

Correspondence: There was none.

On a motion by Ms. Leonard with a second by Mr. Zerfoss, the Work Session was adjourned at 5:39 p.m.

______________________________

Nancy K. Freenock

Borough Secretary