May 1, 2007, Council Meeting

Summary of Action Taken

Minutes

Citizen Comments: None

Administration: Monthly Reports; Approved Agrement with Chamber In Re Overtime During ALF: Approved Clarion Farmer’s Market Association’s Requests; Approved Gannett Fleming as CDBG Project Engineers; Executive Session to be Held at End of Meeting

Downtown Committee: Spring Fling; Request on Location of Craft Booths on ALF Farmer’s and Crafter’s Day; Dr. Kevin Roth’sClass’ Survey; Redbank Renaissance Program Discussed

Public Works: Monthly Reports; Patching Potholes;Winter Season Costs; Clean-Up Day; Street Light Meeting Discussed; Permission to Advertise for Bids for Salt Storage Building

Public Safety: Postpone Action on CrosswalkOrdinance; Accepted Resignation of Stephanie Byers; Permission to Advertise for Part-Time Meter Enforcement Officer; Permission for Chief Hall to Attend Conferences

Housing and Zoning: Monthly Report; Complaint Received on Election Sign

Recreation: Approved Management Agreement with YMCA In Re Pool

Mayor’s Report: Thank You Notes In Re D.A.R.E. Program; Street Lighting Meeting; Wisconsin Conference Discussed; Drug Bust Discussed

Recreation: Adopted 2007 Pool Fees, Rates, and Budget

Manager’s Report: Route 68 Project Meeting

Old Business: Public Works Symposium Update

New Business: None

Correspondence: None

The regularly scheduled meeting of Clarion Borough Council was held on May 1, 2007, in the Assembly Room of the Clarion Free Library.

President Wilshire called the meeting to order at 7:00 p.m. and advised everybody watching at home there is a tornado warning for the Clarion Area.

Councilmembers present included Mr. Zerfoss, Ms. Leonard, Ms. Vavrek, Ms. Moore, Mr. German, and President Wilshire. Mr. Herman arrived at 7:16 p.m. Mayor Stroup, Chief Hall, Ms. Freenock, and Mr. Ragon were also present. Solicitor French and Mr. Stutzman were not present.

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

The minutes of the March 26, 2007, Special Council Meeting/Work Session were approved on a motion by Mr. German with a second by Ms. Moore. The motion carried with a vote of seven yea.

The minutes of the April 3, 2007, Council Meeting were approved on a motion by Mr. German with a second by Ms. Vavrek. The motion carried with a vote of six yea.

Citizen Comments: There were none.

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

On a motion by Ms. Leonard with a second by Ms. Vavrek, approving the appropriations for the month of May, was carried with a vote of five yea with Mr. Zerfoss voting no on the payment of $270.75 to William Strong noting it seems the Borough pays more for Solicitor Strong’s fees than Domino’s did for the sign.

Mr. German asked Mr. Ragon for any comments.

Mr. Ragon reported Solicitor Strong prepares the findings of fact and conclusions of law, which is mailed to the applicant after the hearing. Domino’s wanted four signs that would have exceeded their total square footage.

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

President Wilshire reported a Work Session is scheduled for May 21, 2007, at 5:00 p.m. at the Clarion Borough Offices, if necessary.

President Wilshire commented a number of meetings ago the Borough discussed an agreement with the Clarion Area Chamber of Business and Industry regarding payment to the Borough for overtime that Borough employees work related to Autumn Leaf Festival. A letter was included in everybody’s Work Session packet, and Council needs to formally approve it now. Basically it states the Chamber would pay up to $7,000 for the overtime hours during ALF. This is the first type of arrangement with the Chamber. President Wilshire reported the Committee will re-evaluate it after the event.

On a motion by Ms. Vavrek with a second by Ms. Moore, approving the agreement with the Clarion Area Chamber of Business and Industry regarding a $7,000 payment to the Borough for overtime that the Borough employees work during Autumn Leaf Festival, was carried with a vote of six yea.

On a motion by Mr. German with a second by Ms. Vavrek to approve the banner request from Clarion County Farmer’s Market Association and the request from Clarion County Farmer’s Market Association to use the parking spaces around the Clarion County Memorial Park for Farmer’s Market. The motion carried with a vote of six yea.

President Wilshire asked Ms. Freenock to discuss the selection of engineering firms for the CDBG Projects.

Ms. Freenock commented proposals were received from EADS, Gannett Fleming, Gateway, and Senate Engineering. After reviewing all the proposals, the Administration Committee feels Gannett Fleming is the best qualified. The Committee felt their rates may have been a little high. Ms. Freenock contacted Gannett Fleming, who explained every job’s prices will be negotiated before the work order is completed. The Borough will be working with personnel from the Clearfield Office. This would be a 3-year contract.

President Wilshire stated these administrative costs would be paid by the Grant.

Mr. German questioned if this is the first time the Borough’s contracted with an engineer for an extended period of time.

President Wilshire doesn’t know if this was advertised before and is a new procedure.

On a motion by Mr. Zerfoss with a second by Ms. Moore, approving Gannett Fleming as the engineer for the CDBG Projects for 3 years, was carried with a vote of six yea.

Upon request, President Wilshire announced an Executive Session will be held at the end of the meeting that concerns possible litigation connected with Housing and Zoning.

Downtown Committee: Ms. Moore stated Spring Fling is going on and has heard nothing but wonderful reports on the food. A new item this year is ice cream.

Ms. Moore stated the Clarion Area Chamber of Business and Industry submitted a request about putting the craft booths during Autumn Leaf Festival back-to-back in the middle of Main Street for Farmer’s and Crafter’s Day. Since many items were unknown, it was decided not to do it this year. However, Ms. Moore was asked by two merchants to have the Public Safety Committee revisit the request again, which was done. The Committee sent a letter informing them the Committee will look at it this year and get concrete measurements for consideration next year.

Ms. Vavrek reported next Thursday a final report will be given by Dr. Kevin Roth’s class on the survey that was going to be conducted at another University town. The students were going to see what works in other towns and report to the Downtown Committee. If Councilmembers are interested in attending, Ms. Vavrek will provide Ms. Freenock with the details. Ms. Vavrek isn’t sure if the students had a chance to visit another University town, as planned, but the information should be helpful.

President Wilshire stated a lady from New Bethlehem presented a program to Rotary a couple weeks ago in reference to a Redbank Renaissance Program. So far, they’ve raised $80,000 in pledges and a lot of the legwork for the program is done.

Ms. Moore commented it’s similar to what Clarion had started with. Knox Borough is trying something along these lines as well and is starting a Farmer’s Market.

Ms. Vavrek noted New Bethlehem actually has the application ready for the Main Street Program and has raised some money that can be used over a period of time to hire a Main Street Manager. New Bethlehem has really pushed forward on this project.

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

Mr. Zerfoss stated the Department is busy getting the park and pool in order.

Mr. Zerfoss commented the Department is in the process of patching potholes. Residents should contact the Borough Office to report any potholes that are missed, which will then be relayed to the Public Works Department.

At the Work Session, Mr. Zerfoss reported the costs involved with the winter season. The expensive items were for anti-skid, rock and sidewalk salt, liquid deicer, and snow hauling. Snow hauling services were split this year between Hager Paving (Donald Hager) and M & B Services (Mike Hindman), both of whom are Borough residents and/or taxpayers. Councilmembers received a detailed breakdown for November through April, indicating the number of miles, salt, anti-skid, and liquid deicer amounts used.

Mr. Zerfoss stated Mr. Stutzman will contact the radio station and both newspapers to give everyone a final statement on Clean-Up Day, which is May 19, 2007.

At the Work Session, Mr. Zerfoss commented Ms. LaVan read a letter received from Allegheny Power in reference to the condition of the lights as discussed last month at the Council Meeting. The day after the Council Meeting an Allegheny Power representative contacted the Borough. Mayor Stroup, Mr. Herman, Ms. Freenock, Mr. Stutzman, two Allegheny Power representatives, and Mr. Zerfoss met to discuss and see the conditions of some street lights. Prior to the meeting, Mr. Stutzman categorized the lights as dim, very dim, or bright. The representatives were shocked to see the condition and agreed to take care of the lights. Mr. Zerfoss stated the Committee will continue to work with Allegheny Power and will go see the lights when they are changed. By the year 2010, some of the bulbs must be changed to comply with the Energy Act of 2005. The Committee will continue to monitor and keep Council informed of the situation.

Mr. Herman arrived during the above discussion.

Mr. German questioned if the Borough has to pay for the bulbs that were replaced.

Mr. Zerfoss stated no. Once the new bulb is required, the Borough has to pay for it the first time. Then Allegheny Power will maintain them.

Mr. German asked if Allegheny Power will encourage the Borough to replace the ones necessary now with the new bulb.

Mr. Zerfoss agreed.

Mr. Zerfoss commented the Committee is ready to bid the project for the construction of a salt storage building and doesn’t want to wait another month or it will be too late to complete. This was delayed to make sure a concern with prevailing wages was resolved, which Solicitor French did clear up. The bids will be due June 1, 2007, at 3 p.m. so Council can take action next month. Council will have the right to accept or reject any and/or all bids. Mr. Zerfoss commented this will be paid with Liquid Fuels Funds.

On a motion by Mr. Zerfoss with a second by Mr. German to give permission to advertise for bids for the salt storage building.

Mr. German asked for someone to explain the project, because all Councilmembers may not understand what is being done.

Ms. Freenock explained the bid will have two items of work listed; one for the concrete for the floor and sides and the other for the materials. The Public Works employees will complete the remainder of the building.

The motion carried with a vote of seven yea.

Public Safety: Mr. Herman commented the Committee decided to postpone action on the Crosswalk Ordinance. The content of the ordinance was not really what the intent was in the first place.

On a motion by Mr. Herman with a second by Ms. Vavrek, accepting the resignation of Stephanie Byers from the part-time Meter Enforcement Officer, was carried with a vote of seven yea.

Mr. Herman stated the Committee wishes to advertise for the other part-time position. The third person does not want the second position.

Ms. Freenock commented she’s having second thoughts but thinks Council needs to advertise. The current wage is $7.25 per hour but will increase after July 1st to $7.75 per hour.

Mr. German inquired if the Borough will be down one meter enforcement officer and ensured police officers will not be ticketing.

Chief Hall informed Council the individual in the third position is filling in. Police officers will not be instructed to issue tickets.

On a motion by Mr. Herman with a second by Ms. Leonard, giving permission to advertise for a part-time Meter Enforcement Officer, was carried with a vote of seven yea.

On a motion by Mr. Herman with a second by Ms. Vavrek to give permission for Chief Hall to attend the Chief’s Education and Training Conference from July 8-12, 2007, in Lancaster, Pennsylvania, at a cost of $700 and to attend the Chief Executive Officer Safe Schools Forum with Principal Randy Cathcart in Wisconsin May 15-16, 2007, at no cost to the Borough.

Chief Hall explained the Pennsylvania Chief of Police’s Conference is the annual conference he attends. The conference in Wisconsin was going to deal strictly with the Columbine event but is now going to include the Virginia Tech incident as well. Chief Hall applied for a grant to cover the entire fee for each person.

The motion carried with a vote of seven yea.

Housing and Zoning: Ms. Vavrek commented the Housing and Zoning Report is included in the packet for everyone’s review.

Ms. Vavrek commented the Borough’s received several complaints about large campaign signs. Election signs are not permitted to exceed 20 square feet. Several signs exceed 32 square feet. Ms. Vavrek understands the particular person has been notified more than once; however, the signs are still up and have not been changed.

Ms. Moore pointed out they’re only there temporarily.

Ms. Vavrek understands that and stated this is a warning for the fall. Some people on the opposite political party are upset at the fact these signs are up.

Mr. Herman inquired if there is a penalty.

Ms. Vavrek reported Mr. Ragon could put a penalty on this if he would have sent a written notice to the person. In this case, Mr. Ragon notified the person by phone.

Mr. Ragon commented there’s a minimum penalty of $150 for the first violation. It can be assessed daily. Every time the Committee looks at the Ordinance, Councilmembers are asked for his/her comments on whether something should be changed. If Council wants to review the Ordinance, that’s fine.

Ms. Moore always objected to the sign section in the Ordinance. Whenever a particular section of the Ordinance is coming before the Zoning Hearing Board over and over, there’s something wrong.

Ms. Vavrek questioned if Ms. Moore is speaking about all signs or just election signs.

Ms. Moore stated all signs.

Ms. Vavrek pointed out people could put up huge signs and asked if that wouldn’t be offensive to Ms. Moore.

Ms. Moore commented it’s for 2 weeks before an election. The Borough could be a little more lenient. Some signs aren’t offensive but have to be removed because they don’t meet the measurements.

President Wilshire verified the Borough received complaints.

Ms. Vavrek agreed.

Mr. Ragon informed Council it’s a position that one candidate called the office to make sure what size their signs could be and complied and another candidate, even after notification, is not.

Mr. Zerfoss agrees with Ms. Moore and thinks the Borough has more important things in Clarion Borough to worry about than signs. The Borough wants businesses to come to town but is sometimes their worse enemy. As long as business comes to Downtown to make it more revitalizing, Mr. Zerfoss doesn’t care what size it is. Businesses can move to Clarion or Monroe Townships and not have to worry about the size.

Ms. Vavrek only brought this up, because the Borough was answering a complaint about the large sign.

If an Ordinance is on the books, Mr. German stressed Council has to follow it.

If Council wants to preserve the integrity of the community, Ms. Leonard feels an Ordinance is necessary.

Recreation: Ms. Leonard reported the Recreation Committee met with Mike Ebert from the YMCA concerning the operation of the Clarion Borough Pool. The figures from last year and proposed figures for 2007 were discussed. The Management Agreement was reviewed by both sides and agreed upon.

On a motion by Ms. Leonard with a second by Mr. Herman to approve the Management Agreement with the Clarion YMCA to manage the Borough Pool for the years 2007-2009.

Mr. German asked the Committee last year to consider children 2 years old or under as free rather than changing a daily rate. It’s not right for a newborn or infant under 2 to have to pay $4 when most won’t be getting in the pool.

Ms. Leonard stated unfortunately an infant is considered in the headcount, and the number of lifeguards on duty is based on headcounts regardless of whether the individuals are in or out of the pool.

Mr. German understands that but feels the Committee should review it for next year.

Ms. Leonard stated the Borough’s hands are tied but agreed to review it for next year.

The motion carried with a vote of seven yea.

Mayor’s Report: Mayor Stroup reported the fifth-grade classes at Clarion Area School sent thank you notes to the Department in reference to the D.A.R.E. Program done last month. They are available if Councilmembers wish to see them.

Mayor Stroup thanked Robin Martin and Brian Manville from Allegheny Power for meeting with Borough representatives to look at the condition of some of the street lights. Good decisions were made as far as what to do with the lights.

Mayor Stroup mentioned the conference the Chief is attending in Wisconsin was scheduled prior to the incident at Virginia Tech. It’s a pro-active approach to avoid situations like these in Clarion. In September 2005, Chief Hall arranged with the University a mock drill. Chief Hall is trying to stay ahead of the curve with the schools and is trying to keep the citizens as safe as possible.

Mayor Stroup asked Chief Hall to discuss the drug bust and teamwork between all the agencies.

With the cooperation and collaboration between Knox Borough, New Bethlehem Borough, Clarion University, and Clarion Borough Police Departments, Chief Hall thinks the operation was successful on the drug task raid over a week ago. The arrests were made timely and everything went very smoothly. It was brought together by District Attorney Mark Aaron and C-Net.

Mayor Stroup commented DA Aaron especially mentioned Bill Peck and all the extra work he does with the Drug Task Force, which is much appreciated.

President Wilshire verified Bill Peck is a Borough police officer who also works part-time with the DA’s Office.

Chief Hall stated Officer Peck is actually the part-time County detective and his main assignment is with the Drug Task Force.

Backing up to Recreation, Ms. Leonard reported everyone received a copy of Exhibit A, 2007 Proposed Borough Pool Operations, which includes increased figures due to chemical costs and minimum wage rate.

On a motion by Ms. Leonard with a second by Ms. Vavrek, adopting the 2007 pool fees, rates, and budget, was carried with a vote of seven yea.

Mayor Stroup asked how this compares with the proposed budget figures in Recreation as a whole for 2007.

Ms. Freenock commented there’s no way to know, because payroll and pool fees are uncertain due to weather. General Fund always supplements the Recreation Fund.

President Wilshire added the Borough pool has never been self-sufficient.

Manager’s Report: Ms. Freenock reminded everyone May 7th there’s a meeting in Rimersburg on the Route 68 Project hosted by PennDOT.

Old Business: Backing up to Public Works, Mr. German asked if Mr. Stutzman ever reported on the Public Works Symposium he attended last month.

Mr. Zerfoss stated no, but Mr. Stutzman will report at the next meeting.

New Business: There was none.

Correspondence: There was none.

President Wilshire called an Executive Session, concerning possible litigation connected to Housing and Zoning.

Mr. Rodney Sherman, Clarion News, asked if litigation has been filed or threatened.

President Wilshire stated no.

Mr. Sherman registered opposition to the Executive Session, because he doesn’t believe it meets the standings and inquired if any action will be taken.

President Wilshire isn’t sure and doesn’t know all the facts.

Ms. Vavrek commented she’s advising Council of a situation.

The Executive Session began at 7:45 p.m.

President Wilshire called the meeting back to order at 8:40 p.m. and stated the Executive Session concerned possible litigation relating to Housing and Zoning. No action was taken.

On a motion by Mr. Herman and Ms. Vavrek, the Council Meeting was adjourned at 8:40 p.m.

______________________________

Nancy Freenock

Borough Secretary