January 2, 2007, Council Meeting

Summary of Action Taken

Citizen Comments: None

Administration: Monthly Reports; Work Session

Scheduled; Approved Resolution

Appointing CenTax Borough Tax

Collector; Approve I. C. Church’s

Special Event Request; Volunteers

Needed for Vacancies

Downtown Committee: First Night Discussed

Public Works: Monthly Report; Traffic Signal at

Eighth Avenue and Wood Street

Status; Approved 3-Year Clean-

Up Day Bid; Christmas Tree Drop

Off Location

Public Safety: Approval to Purchase Police

Vehicle from Clarion Ford-Mercury

Housing and Zoning: Approved Resolution Setting Forth

Procedure for Lodging Complaints

with Zoning Officer; Group Home

Not to be Defined in Ordinance

Recreation: None

Mayor’s Report: Announced Officer-of-the-Year;

New Wiper Law Enacted

Manager’s Report: None

Old Business: Reminder on Cleaning Up After

Dogs

New Business: None

Correspondence: None

Minutes

The regularly scheduled meeting of Clarion Borough Council was held on January 2, 2007, 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. Herman, Ms. Vavrek, Ms. Moore, Mr. German, and President Wilshire. Mr. Zerfoss and Ms. Leonard were absent. Ms. Freenock, Mayor Stroup, Chief Hall, Mr. Ragon, and Mr. Stutzman were also present. Solicitor French was not present.

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

The minutes of the December 1, 2006, Work Session, were approved on a motion by Mr. German with a second by Ms. Moore. The motion carried with a vote of five yea.

The minutes of the December 5, 2006, Council Meeting, were approved on a motion by Mr. German with a second by Ms. Moore. The motion carried with a vote of five yea.

Citizen Comments: There were none.

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

On a motion by Mr. Herman with a second by Ms. Vavrek, approving the appropriations for the month of January, was carried with a vote of five yea.

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

Ms. Freenock pointed out the General Fund Checkbook indicates a negative balance, which is not the case. The Plan B Account is part of the General Fund. These numbers will be off for the next couple of months until the system is closed out and all the 2006 expenses are put through.

President Wilshire stated a Work Session has been scheduled for January 29, 2007, at the Clarion Borough Offices.

President Wilshire asked Ms. Freenock to discuss Resolution #2007-242, appointing Central Tax Bureau of Pennsylvania as the Borough’s Tax Collector for the Emergency Municipal Services Tax and Wage Tax.

Ms. Freenock amended the Resolution by adding the language that President Wilshire has the authority to execute an agreement with CenTax, that the cost of collection can be assessed against the person or employer who is subject to the tax and failed to pay the tax and that Clarion Borough agrees to be bound by the rules and regulations of CenTax and to the extent that there is any prior resolution that conflicts with this one, the current resolution will control.

President Wilshire asked if CenTax is charging the same rate for collection as the Borough’s paying now.

Ms. Freenock stated no. It will cost a little more per year. CenTax is going to be collecting 1.7%, which will amount to approximately $500 difference. Susquehanna Group recommended the Borough go with CenTax. The firm believes Susie Beary did a wonderful job, knows exactly what she’s doing, but doesn’t have any employees trained to step in. If something happened to Ms. Beary, then the Borough wouldn’t be able to obtain its tax revenue. If something happens to the individual handling the Borough’s account at CenTax, Ms. Freenock commented a new employee would step in.

President Wilshire added some Councilmembers expressed concern that some people were not paying the tax. Hopefully, this will provide more thorough collection of taxes.

Ms. Freenock agreed. In December, Council voted to require employers in the Borough to remit all wage taxes for 2007 to the Borough appointed tax collector. This will make it easier for CenTax to track exactly who’s paying the EMS Tax and who is not but should be. Ms. Freenock introduced Mr. Bob Villella, account manager for CenTax.

Mr. Villella, President of the Central Tax Bureau, informed Council the firm’s compensation structure will be 1.7% but is an all inclusive cost, which means it pays the cost of forms, postage, bonding, auditing, staff work, and all data requirements including the data entry staff. The audit that is conducted by CenTax is something Clarion Borough wouldn’t have to do at the end of the year. It would be absorbed by the commission structure. However, the Borough has the authority to conduct an audit of CenTax’s records. No political sub-division has ever opted to do that after the audit has been performed by an independent firm or CPA. The adoption of the rules and regulations are necessary by Council in order to appoint CenTax and are rules and regulations required by Act 511 for the administration and enforcement of the earned income as well as the EMS Tax. They must be adopted by Borough Council in order for them to be enforceable. For delinquent tax collection purposes, there is a requirement that the political sub-division authorize that the additional cost of collection be assessed to the delinquent taxpayer as opposed to adding those costs onto the Borough for those types of services. In the event CenTax performs an audit of an individual taxpayer or of a business and nothing is found, Mr. Villella stated there is no cost to the Borough. However, if something is found, the additional costs are assessed to the delinquent business or taxpayer. So, the amendment Ms. Freenock mentioned earlier provides further compliance with certain provisions of the act as well as authorizes Borough Council, specifically Council President Wilshire, to enter into a contractual relationship with CenTax. Mr. Villella informed Council CenTax has a significant withholding base around Clarion Borough. The importance of that withholding base is CenTax will be able to give Clarion Borough their tax money faster now than in the past. Also, the additional cash flow should certainly make up any different in the collection cost. CenTax has an enforcement division that will focus energy on performing delinquent tax collection that will be fruitful for the Borough. Mr. Villella stated that means identifying the people who have caused the cost of local government to increase by not paying his/her taxes and getting these people on board so the back taxes and current taxes are being paid.

President Wilshire inquired if CenTax will be notifying the businesses of the change.

Mr. Villella commented yes. A proto-type letter will be approved by the Borough, placed on Borough stationery, and then CenTax will forward that to all the area businesses advising them of the transition of service. A similar letter will be addressed to all residents. Mr. Villella plans to personally visit some of the businesses to help with the transition.

Ms. Vavrek asked how CenTax will be able to establish a record of the people that actually owe the EMS Tax.

Mr. Herman added Council has discussed the EMS Tax several times and wondered two things: a) if everybody that should be paying it was paying it and b) whether the tax could have been going to the wrong municipality. It was expressed to Council before there was no way to track who is doing what, who’s paying it, and where it’s going. Those records are confidential. This has been a concern for 2 years.

Mr. Villella reported there is certain information that as tax collector under Section 13, the earned income tax provision of the Local Tax Enabling Act, they are prohibited from providing. That information is basically any information that is obtained from a return, declaration, investigation, or an audit. However, the EMS Tax is an assessed tax, meaning it is to be imposed against all persons who are employed or engaging in services from a place of business in the Borough of Clarion. Consequently, to provide the Borough with the name of the employer and the proceeds that have been received from that employee for the purposes of that tax is not an issue. The earned income ordinance provides for a tax calculated on earned income profits of residents and non-residents. Non-resident aspect provides CenTax the ability to see Employer A has withheld the EMST from all of these people and provides a directory of information; such as, name, address, and social security number of that person. The same employer is to provide CenTax with like information on earned income tax withheld for the same people. CenTax then has the ability to cross-reference this information to distinguish if somebody had earned income tax withheld and if EMST was as well. If not, Mr. Villella commented CenTax will ask why.

Inotherwords, Mr. Herman asked if CenTax would be able to look at the figures and determine if someone living in East Brady but working in Clarion Borough paid the $52 EMST to the Borough.

Mr. Villella agreed. CenTax intends to forward a monthly report listing those employers that remit the EMST for Clarion Borough. Mr. Villella cautioned Council that is an informational resource that is strictly for the official purposes of the Borough and not for public release or any other purposes other than to help the Borough help CenTax expand the partnership between the respective organizations.

On a motion by Mr. Herman with a second by Mr. German to adopt Resolution #2007-242, appointing Central Tax Bureau of Pennsylvania as the Borough Tax Collector for the Emergency Municipal Services Tax and Wage Tax with the additional language stated previously. The motion carried with a vote of five yea.

On a motion by Mr. German with a second by Ms. Vavrek, approving the Immaculate Conception Church’s special event request for a street closing for Vacation Bible School to be held June 18-22, 2007, was carried with a vote of five yea.

President Wilshire reminded everyone there is one vacancy on the following committees or commissions: General Employee’s Pension Plan Committee (3-year term), Police Pension Committee (3-year term), and the Planning Commission (4-year term). One individual could serve on both of the Pension Committees.

President Wilshire thanked Mr. Villella for attending the Council Meeting and understands he has a long drive home and may leave if he wishes.

Mr. Villella appreciated Council’s time and looks forward to working with the Borough. On behalf of CenTax and the staff, Mr. Villella pledges to Council that the firm will dedicate their interest and energies to best representing the Borough’s interest at all times. If anyone has any questions, he/she may contact him at any time.

Downtown Committee: Ms. Moore had nothing to report.

President Wilshire inquired how the First Night event went.

Ms. Moore didn’t attend it.

Mr. Frank Stacey reported it was very festive. The ball did not drop but rose. It’s Clarion on the rise.

Ms. Vavrek asked if it was well attended.

Mr. Stacey commented it was raining and most of the crowd went to the gazebo. For the first year, it wasn’t too bad. Mr. Stacey rhetorically questioned how ALF was 50 years ago.

Ms. Freenock believes the Chamber was pleased for the first year.

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

Ms. Moore noticed the Department removing the Christmas banners today in a timely manner.

Mr. German asked how the traffic signal at Eighth Avenue and Wood Street is working.

Mr. Stutzman stated it’s still under the 30-day test period. Once that is over, it will be turned over to the Borough. Mr. Stutzman is pleased with it so far. The pedestrian heads were changed. It will help that intersection with the number of students that cross there.

President Wilshire asked if it’s linked with the Main Street signals.

Mr. Stutzman commented no. It’s coordinated by time and communicates through a satellite.

Mr. German questioned if that light has the emergency activation.

Mr. Stutzman agreed it does. The Chief tested the signal in every direction the day it was turned on. The fire department uses it quite a bit.

Mr. German stated Clean-Up Day bid results were included in the packet. Two bids were received; one from Tri-County Industries and the other from Veolia, which was County Environmental.

Mr. Stutzman reported the County Environmental bid overall is less than last year. The trucks and roll-offs are cheaper but the tonnage is slightly higher.

Mr. Herman verified it’s around the same price as last year.

Mr. Stutzman stated it will be very close but is hard to tell because the tonnage fluctuates each year.

Mr. German commented last year the Borough paid $5,211.73.

Mr. Ragon pointed out that figure included Piney Dam’s portion. Actually, the Borough’s part was only $4,919.

On a motion by Mr. German with a second by Mr. Herman to accept the 3-year bid from Veolia (County Environmental) of $450 for transportation of each packer truck at $75 per hour, $160 per roll-off container for hauling, and $44.22 per ton for disposal of trash and waste collected to provide services for Clean-Up Day. The motion carried with a vote of five yea.

Mr. German asked if Mr. Stutzman anticipates paying $2,500 for the chipper again this year.

Mr. Stutzman doesn’t anticipate it.

Mr. German announced residents may drop off Christmas trees at the Public Work Building at the brush pile location.

Public Safety: At a previous meeting, Mr. Herman reminded Councilmembers each was given a handout in reference to purchasing a new police vehicle. Council decided to advertise for bids. Clarion Ford-Mercury submitted the sole bid. The base bid was $21,194; base bid with equipment was $27,474; and base bid with equipment and 3-year 100,000 mile warranty is $29,394. The Chief, Mayor, and Mr. Herman feel 100,000 miles is the best way to go to ensure there’s no deductible. Everything covered under Base 84 Plan would be repaired at no charge. Wear items would not be covered, but electrical, engine, and transmission would all be. The difference between the State Piggyback price and Clarion Ford’s is $415. Clarion Ford recommended another light bar be used, which the Mayor requests the Borough go with. By doing that, the price will be reduced $300, making the difference $115. Mr. Herman feels Council needs to consider the chance to use a local business in purchasing a vehicle. Also, Clarion Ford provides services that a value can’t really be placed on; such as, washing, cleaning, and making recommendations for services of a police car once a month at no charge. That service would probably be $50-60 each time. Mr. Herman thinks Clarion Ford’s bid is more than acceptable.

Mr. German noticed the State Piggyback price requires the Borough to become an associate member, which costs $130. Clarion Ford does not, meaning their bid would actually be $15 less.

Mr. Herman commented the purpose of being able to look at the Piggyback price is to make a comparison as how others stand. Obviously, in this case, Clarion Ford stands very well.

President Wilshire verified the Borough didn’t have to bid it.

Mr. Herman agreed.

On a motion by Mr. Herman with a second by Ms. Moore to purchase the 2007 police car at the base bid with the equipment and warranty price of $29,394 with the Whelan light bar from Clarion Ford.

President Wilshire asked for additional questions.

Mr. German questioned the availability.

Mayor Stroup guesses 10-12 weeks.

Mr. Herman figures 8-14 weeks. It’s a matter of how fast Clarion Ford can get the car.

Chief Hall agreed and commented it will probably be March/April.

President Wilshire verified Mayor Stroup supports this.

Mayor Stroup stated yes and feels it’s good to go with a local company.

The motion carried with a vote of five yea.

Mr. Herman thanked Chief Hall, the Mayor, and the Committee for their work on this. By the next meeting, Ms. Freenock will have some financing information available.

Ms. Freenock reported it will be available at the Work Session. All the local banks were notified.

Mr. Herman stated at a future Public Safety Meeting, it will be discussed which police car will be advertised for sale. Obviously, the more reliable car will be kept. Mr. Herman thanked Clarion Ford for not only participating but for performing the car maintenance free of charge.

Housing and Zoning: Ms. Vavrek stated Council received an amended Resolution setting forth the procedure for lodging a complaint with the Zoning Officer along with an explanation from Ms. Freenock. The previous Resolution was rejected by Council, because the feeling was the language was stronger than it needed to be. This Resolution lightened up in that any resident may lodge a complaint and the Borough will request the individual to put it in writing. If the person fails to do so, the Zoning Officer will send a letter summarizing the complaint. Ms. Vavrek commented that was not in the first resolution and now agrees much more with the language in this one. Several Councilmembers have suggested there needs to be a better record of complaints and how it was handled. This would do that.

On a motion by Ms. Vavrek with a second by Mr. German to adopt Resolution #2007-243, a Resolution setting forth the procedure for lodging a complaint with the Zoning and Code Enforcement Officer.

Ms. Moore thinks this is a good idea, because it will keep people focused on what the real issue without delving into many different issues. People should be able to call.

Ms. Vavrek thinks it will give Ms. Freenock a better idea of what is happening or what he/she is complaining about.

If Mr. Ragon receives a complaint by phone and the person doesn’t want to give it in writing, Mr. Herman understands the Resolution to mean that Mr. Ragon would write the person first as to the nature of the complaint, wait for a response, and then go check it.

Ms. Moore stated this is just a paper trail. Mr. Ragon would still investigate it.

Ms. Vavrek commented Mr. Ragon would respond to the individual’s complaint. If he/she doesn’t submit it in writing, Mr. Ragon would send a letter to him/her summarizing the complaint. That would be the Borough’s record.

Mr. Ragon stated the letter will confirm he understood the complaint.

Mr. Herman didn’t think the Resolution stated Mr. Ragon would investigate it and wants to make sure Council doesn’t bind their hands procedurally without investigating the complaint.

Mr. German stated the Resolution is dealing with the procedure of lodging a complaint not the actual handling of the complaint.

Mr. Herman realizes the purpose for the Resolution and noted it’s a valuable tool. Council has been concerned on being able to go back and looking at how a complaint was handled. This will record it.

President Wilshire inquired if procedures usually require a resolution.

Ms. Freenock thinks this is a procedure that has changed and it was recommended a resolution be adopted to do that.

Ms. Vavrek added it’s one way of making sure that it will happen.

The motion carried with a vote of five yea.

Ms. Vavrek pointed out Council received a copy of a letter and accompanying zoning group home definitions. Several months ago, when the group house process on Seventh Avenue was completed, Ms. Vavrek agreed to investigate the idea of using the term of group housing in the Borough’s zoning rules and regulations. Mr. Ragon was instructed to contact Graney and Grossman to get opinions from other people in the zoning field but not connected with his firm to provide opinions on whether the term should be added to the ordinance. Ms. Vavrek realizes many Councilmembers do not feel comfortable with Graney and Grossman and stressed that’s why the firm was instructed to get outside opinions. These individuals suggested Council not include it, because the zoning areas are defined by numbers of people living there. That was the reason group home wasn’t put in before. Ms. Vavrek stated Mr. Grossman signed the letter but only gave the four names that provided the opinions, explained their background, and what their comments were on group housing as well as questions and answers on the Fair Housing Act. After reading and reviewing the information, Ms. Vavrek stands by her opinion from the beginning that group home not be included in the ordinance. The document is sufficient by allowing the zoning districts be defined by numbers of people allowed in each location.

President Wilshire pointed out in the end this opinion was from Mr. Grossman. Mr. Grossman wrote the letter. President Wilshire questioned who GCCA is.

Ms. Vavrek commented it’s the firm of Graney and Grossman.

President Wilshire stressed it’s from the very people who did the last zoning amendments that Council had questions about.

Ms. Vavrek stated there are very few zoning groups and that’s why the Committee asked Mr. Grossman to consult other people. It was very clearly stated to Mr. Grossman these opinions were not to come from his own firm.

Mr. Ragon added the Committee did not have people to provide an opinion without costing a fee.

Mr. Herman asked what the chances are of a person who’s rendered a decision for 20 years and built their firm on a certain opinion to get an unqualified fair opinion. Originally when Council went through this whole Seventh Avenue scenario, it seemed that the lawyers that are litigating this have much more knowledge in this field than the people who are doing zoning. Mr. Herman is not saying these people who provided these opinions wouldn’t have drawn the same conclusion as Mr. Grossman.

Mr. Ragon thinks they did.

Mr. Herman asked who. The Committee asked the question of someone who’s already given Council the first opinion that got Council in this jam. Council was trying to get a totally neutral opinion from someone that didn’t help write the Borough’s Zoning Ordinance. Mr. Herman questioned what the Committee expected Mr. Grossman to say.

Mr. Ragon thinks Solicitor French and Attorney Smith agreed with that determination.

President Wilshire stressed they were asked to look at the current ordinance.

Ms. Vavrek informed everyone she did not feel authorized to spend more of the Borough’s money by calling someone at random and asking for an opinion.

President Wilshire realizes that but questioned why bother. This firm already gave an opinion.

Mr. German verified Councilmembers don’t believe the four individuals represented in the letter are giving his/her honest opinion.

Mr. Herman thinks Mr. German is trying to put words into somebody’s mouth. Anybody can find experts to say almost anything.

Mr. German asked what Mr. Herman’s solution would be.

Mr. Herman stated the reason Council went down this path was the Borough had an attorney in the field that litigates every day in this area and in his field of expertise recommended group home be added through his knowledge he had through litigation.

Mr. German asked who that was again.

President Wilshire stated Attorney John Smith.

Ms. Vavrek doesn’t think Attorney Smith was an expert in the field of zoning and served in the zoning capacity at various times. Just because Attorney Smith has litigated zoning does not make him an expert.

With the way Graney and Grossman interpreted some things, Mr. Herman wouldn’t call that experts either. It’s a difference of opinion. It is what it is. Mr. Herman asked the Committee to look into it and they did. Mr. Herman appreciates that and commented it sounds like he’s being critical but he’s not. Attorney Smith felt group homes should be defined. Mr. Herman still agrees with that after reading his argument. Ms. Vavrek is not recommending it be added and that’s that.

Ms. Moore understands Attorney Smith recommended it be added to the document but prefers before adding a definition municipalities that have group home identified should be contacted to find out what kind of problems they have.

Mr. Herman agrees with Ms. Moore and doesn’t think it should be changed just to say it’s done.

Ms. Moore commented it sounded like Mr. Herman wanted to change it on the basis of Attorney Smith’s suggestion. If someone can show how wonderful it is and how much trouble it saves, then Ms. Moore would be more than willing to listen.

Ms. Vavrek believes it was put to a vote at the October Council Meeting whether Council wanted to put group home in the existing document and the vote was no. At that time, Ms. Vavrek agreed to review it.

Ms. Freenock offered to contact a public sector employee for an opinion.

Mr. Herman thinks Ms. Moore makes a good point and prefers to digest the information more before making additional suggestions.

President Wilshire feels Council is approving resolutions in reference to lodging a complaint because the Solicitor suggested it and questioned why group homes can be identified. Other attorneys he talked to before relayed if definitions aren’t in a Zoning Ordinance then it’s allowed. Over the years, President Wilshire voiced concerns about Graney and Grossman. Other people may have provided the opinions, but it still came through that firm. President Wilshire stressed it’s just not clear.

Ms. Vavrek stated that’s her report.

In reference to the memorandum Council received on a Variance request from Sekula Signs for S & T Bank, Ms. Moore asked which location it involves.

Mr. Ragon commented 410 Main Street.

Ms. Moore inquired how this compares with a request from Farmer’s Bank.

Mr. Ragon reported Farmer’s Bank was based on location, too. Farmer’s Bank decided not to do it.

President Wilshire verified Council doesn’t have to vote on that.

Mr. Ragon agreed and noted the Zoning Hearing Board does.

Recreation: There was none.

Mayor’s Report: Mayor Stroup announced the Chief and he have selected Officer Rick Foust as the officer-of-the-year for his dedication to his personal life and getting weight control. It’s a very good effort and reflected on the job by Officer Foust’s bicycle and foot patrols. Mayor Stroup congratulated Officer Foust and mentioned the award will be given at a banquet at the VFW in mid-March.

Mayor Stroup reminded motorists a new law was enacted whereby he/she must have their headlights on whenever using their wipers.

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

Old Business: Ms. Moore thinks the dog ordinance needs re-publicized and asked that Mr. Sherman be contacted to publish a reminder that people must clean up after their dog. Not only is clean up a problem, but dogs are destroying shrubs, too. Ms. Moore knows it’s occurring on Wood Street but feels it’s happening on other streets as well.

Mr. German asked if a person could be fined for walking a dog without having a bag to clean up after their pet.

Chief Hall stated yes.

If officers notice people walking their dog, Mr. German suggested they could stop and ask the individual to show them he/she has something. It is constantly occurring and is unpleasant when children get into the feces. A reminder would be helpful.

New Business: There was none.

Correspondence: There was none.

On a motion by Mr. Herman with a second by Ms. Vavrek, the Council Meeting was adjourned at 8:12 p.m.

______________________________

Nancy K. Freenock

Borough Secretary