September 5, 2012, Council Meeting Minutes A ... - Clarion Borough [PDF]

A regular meeting of Clarion Borough Council was held on September 5, 2012, in the Assembly. Room of the ... Mr. Dan Cla

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September 5, 2012, Council Meeting Minutes A regular meeting of Clarion Borough Council was held on September 5, 2012, in the Assembly Room of the Clarion Free Library. President Walters called the meeting to order at 7:00 p.m. Before beginning, Ms. Lapinto announced Ms. LaVan was President of the Pennsylvania Association of Municipal Administrators, formerly called PLGSA, this year. Ms. Lapinto stated she stole Ms. LaVan from her husband’s office. Unable to attend the banquet, Ms. Lapinto asked Mr. Ragon to present Ms. LaVan with flowers and stated that Council’s very proud of her. Ms. LaVan thanked Ms. Lapinto and Clarion Borough Council for supporting education. So many other secretaries have to fight with their Councils/Supervisors to attend training, but that has never been the case with Clarion Borough. Everyone recited the Pledge of Allegiance. Councilmembers present were Mr. Zerfoss, Mr. Simpson, Ms. Lapinto, Mr. Noto, Mr. Bartley, and President Walters. Dr. Sanders Dédé arrived at 7:10 p.m. Mr. Ragon, Mayor Estadt, Chief/Acting Secretary/Treasurer Hall, Mr. Thompson, Mr. Preston, Solicitor Marshall, Mr. Colosimo, and Ms. LaVan were also present. On a motion by Mr. Zerfoss with a second by Mr. Bartley, approving the minutes of the August 1, 2012, Public Hearing, was carried with a vote of six yea. On a motion by Mr. Zerfoss with a second by Mr. Bartley to approve the minutes of the August 1, 2012, Public Hearing. The motion carried with a vote of six yea. On a motion by Mr. Zerfoss with a second by Mr. Bartley to approve the minutes of the August 1, 2012, Council Meeting. In reference to the Right-to-Know Policy change last month to no longer provide electronic documents, Mr. Noto questioned if it wouldn’t be easier and cheaper for the Borough to supply a document if it already exists in an electronic format. Ms. LaVan doesn’t see a problem doing that, but it would be up to Mr. Ragon, the Right-toKnow Officer. Again, the primary concern was providing a document electronically if it is lengthy and would have to be scanned into the computer first and then sent. The motion carried with a vote of six yea. Ms. Lapinto asked President Walters to recognize Kristen and Dan Clark now. Mr. Dan Clark, accompanied by his son, stated they had a birthday party at the pool for their son. As part of his gifts, their son received some donations for the pool. At this time, Mr.

Clark’s son thanked Council for keeping the pool open for his party and presented Council with a check. Upon a request by Ms. Lapinto, since Mr. Dave Neal of the EADS Group has another meeting to attend, his report will be given now. Mr. Neal commented a couple weeks ago the Public Works Department brought to EADS’ attention a storm sewer that was failing located at the Toby area. The concern was the drain was so deep it might start affecting the road and also the crossing to the launch area. EADS was directed to solicit bids for emergency repair. Working with Mr. Colosimo and Public Works, Mr. Neal solicited bids from six local contractors. Four bids were received with the following results: Delta Contractors, $22,900; Eagle Contracting, $30,000; Terra Works, $43,950; and Mealy Excavating, $65,230. EADS recommends Council award the project to Delta Contractors, contingent on Brookfield Power approving the pre-qualified paperwork. This will allow the project to move forward without delay so bad weather doesn’t make the situation worse. Mr. Noto asked why there’s such a difference between some of the jobs ranging from $800 to $7,800. Dr. Sanders Dédé arrived at the meeting during this discussion at 7:10 p.m. Mr. Neal agreed the lowest and highest bid is almost three times different. The difference in pricing can be dependent on workload, if the materials are already on site to use for the job, and just where a company builds in their pricing. Since two bids are close on the low end, EADS is confident that it can be done for that amount. All contractors are local and have good recommendations. Also, Mr. Neal mentioned the standard bonding requirements (payment, labor, material, performance and maintenance) will be in place in case any work is deficient. Mr. Noto inquired if this work is required as a result of any improvements made at the Toby area. Mr. Neal stated no. A 20’ 48” metal pipe that was inserted below the State Highway, which was installed by PennDOT, corroded over time. The weight of the soil has collapsed it, creating a significant sinkhole. This is a high priority project. Once the work begins, it should only take 2-3 days to complete. The contract has 45 days to complete it. October is the anticipated month the work will be completed. On a motion by Mr. Zerfoss with a second by Mr. Simpson to award the storm drain repair at Toby to Delta Contractors in the amount of $22,900, contingent on obtaining Brookfield Power’s approval to conduct work on their property and on obtaining all the specified bonds and insurances. Mr. Noto asked where the money will come from to pay for the project.

Mr. Zerfoss stated it will be paid from the Storm Sewer funds, which came from Clarion Area Authority. Mr. Zerfoss thinks the State should be responsible for it; however, they will not do it. If it would have happened in a township, they would have. The engineering firms stated it will not last through the winter. If it collapses, the road will be closed. Mayor Estadt asked what the balance of the CAA funds are? Ms. LaVan reported the Treasurer’s Report shows every account the Borough maintains. Currently, the balance of the Storm Sewer Fund is $43,308. That is the account that CAA turned over to the Borough, and which all delinquent funds from rate payers that the Borough collected were deposited into. Also, the $1 million CD is indicated on the report as Capital Projects Plan B. Ms. LaVan pointed out the top accounts are all related to CDBG programs. Council receives this report every month, which indicates previous balance, deposits and disbursements for the current month, and the ending balance. The motion carried with a vote of seven yea. CITIZEN COMMENTS: Agenda Items Only Ms. Jennifer Vinson, 96 South Seventh Avenue, started off making it clear she is not anti-police but is concerned how taxpayers’ money is being used and if it’s being used wisely. At the beginning of last month’s meeting, Ms. Vinson inquired if the police contract was going to be voted on and was told no. Ms. Vinson asked why Council lied about that. President Walters commented he didn’t know it was going to be brought up. According to Roberts Rules, anyone has the right to ask for an Executive Session, which is what Ms. Lapinto did. It was not listed on the agenda; and, therefore, President Walters didn’t think it was going to be discussed. Ms. Vinson asked Ms. Lapinto if she knew coming to the meeting that night that she was going to call for an Executive Session. Ms. Lapinto commented all Councilmembers received the information and thought Council should discuss it, which is why she brought it up. Ms. Vinson gives Mr. Bartley credit for saying he’d like to vote on it. There were some Councilmembers that had no idea what was going on behind the scenes. This is an incredibly poor way to run Council. To be dishonest with people who were sitting in the room, Ms. Vinson stressed this must stop and is ridiculous behavior. Half the time, Councilmembers don’t know what the other one is going to do. Ms. Kimberly Lipinski, 69 North Fourth Avenue, questioned why the road behind her house is not plowed during the winter. There are six drivers in her household, and, during the wintertime, certain days they are prohibited from parking on Fourth Avenue.

Mr. Thompson reported that is Keatley Place is an unimproved road. This is one of the alleys that Council would like to vacate. The Borough doesn’t receive Liquid Fuels money for it; therefore, if it were paved, Council would have to decide whether it’s worth improving. The millings the Department has put in, often wash out. In the past, the Public Works Department has gotten vehicles stuck down there due to the steepness, and there’s no way to turn around. Salt can’t be put on the road, because it doesn’t help. The residents may be able to handle it better. The Borough also wants to vacate Ridge Road, because it’s a similar situation. Ms. Lipinski asked where the residents are supposed to park. Also, this would be an expense for the residents if they become responsible for maintaining it. Chief Hall stated the parking situation can be discussed in a Public Safety Meeting on where they can park during the winter. Ms. Lipinski thinks quite a few people use that alley. Mr. Randy Carter, 79 North Fourth Avenue, informed Council he made a purchase agreement to buy the home, which the garage sits at 79½ North Fourth Avenue. In the proposed ordinance, it reads that alley is not the sole means of access to any lot or tract of land. Mr. Carter challenges that because their garage’s access is through that alley. You cannot go between the homes to gain access to it. The garage houses Harley Davidsons and a classic car. To not service the road is going to put the residents’ property values at danger. If they choose to sell in the future, the garage will be no more than a storage shed. Mr. Carter loves the area and would like to see the owners’ value as residents valued high. The alley is truly a benefit to them. Mr. Carter asked Council to seriously reconsider vacating Keatley. When Mr. Thompson first brought this issue to the Public Works Committee’s attention, President Walters recalled it was a plowing/safety issue. Mr. Thompson stated the Department doesn’t plow down over Fourth Avenue because of the steepness. Third Avenue is plowed and then they drive up Fourth Avenue putting salt on it. If the Department were to plow down Fourth, they’d slide out onto Toby Hill. Keatley Place is even steeper, and you cannot salt an unimproved road. Even with 4-wheel drive vehicles, the Borough still gets stuck. Ms. Lipinski inquired how other roads all over the United States are handled. Mr. Thompson reported most of these alleys are in the townships; and, if they are dead-end roads, there is no winter maintenance. A smaller pick-up may be able to handle it. Ms. Lipinski asked if the Borough would pay the bill. Mr. Thompson noted that’s up to Council.

Ms. Lapinto asked if Council could look at this issue a little more. Mr. Zerfoss agreed that he will delay action on adopting the ordinance until Public Safety, Public Works, the Chief, and the residents can discuss it further. Solicitor Marshall pointed out you cannot just not bring up an agenda item. Someone will have to move to table that issue when Council gets to that item. Ms. Cindy Miller, 208 Greenville Avenue, stressed there is a big problem with college students and vandalism in her area, which has gotten extremely worse since Reinhard Villages was developed. Normal people still live on that street. Ms. Miller wonders if there’s something Council could do to give the residents a little more protection on Greenville. Some of the problems are: stealing flags or throwing furniture off residents’ porches, breaking big lamp posts and sewer drains, upsetting garbage containers, fighting and swearing all through the early morning, and having college kids enter residents’ houses. Ms. Miller stated it’s getting old and somebody is going to get hurt. The police used to sit across from her house, which helped a lot. Again, when Reinhard was developed is when the Greenville Avenue residents started having a lot more problems. Ms. Miller offered a couple viable solutions, such as, putting the sidewalk in on the opposite side, which has been discussed; more police protection Friday and Saturday; and possibly a curfew. Most of the residents are single women, several in their 80’s. Times are bad; people are bad. Ms. Lapinto asked if most of the vandalism and problems are coming from people walking to and from Reinhard, or if some is due to students living in rentals? The Borough has a Rental Unit Ordinance, which allows Mr. Ragon to notify landlords if there is a problem. Ms. Miller stated the trouble started when Reinhard went in. This is a concern for all involved. Chief Hall commented the Police Department will definitely beef up the police protection in that area. Students come in cycles, and this year so far there has definitely been more activity. The last couple years, the students were better behaved. Ms. Miller feels people in general are getting more thoughtless, careless, and unconcerned with others and thanked Council for listening and assisting with this problem. President Walters reminded everyone Citizen Comments at the beginning are for agenda items only. Any other subjects are normally heard at the end of the meeting. Mr. Carl Hepler, 101 North Fourth Avenue, stated his parents lived in his house since 1924. Living there himself since 1960, Mr. Hepler commented there has never been any problems getting in and out of Keatley. The Public Works Department would take the grader down, plow the snow below his garage, and then it melted. Ms. Linda Skelley, 22 Riverview Avenue, asked what the increases are in the police contract.

President Walters asked Mr. Bartley to provide the information now. Mr. Bartley stated the contract will be for years 2013-2017, a 5-year contract. The increase for years 2013, 2014, and 2015 is 4.5% and then for 2016 and 2017, it will be 5%. It will basically cost the Borough taxpayers $80,007.20 over the 5-year period. Using part-time officers on vacation days alone, the Borough will save $19,390.80/year, amounting to $96,954 over the length of the contract. Mr. Bartley pointed out the Borough will save more than what is actually paid out. No arbitration fees will be involved; and that figure wasn’t calculated in anywhere. That’s the main gist of it. Mr. Noto disagreed and doesn’t think that’s exactly accurate. The figure given doesn’t count the increases per sick day buyback or longevity. That’s not the total cost of the contract to the Borough taxpayers, which is what Ms. Skelley was asking for. Ms. Skelley inquired if the part-time officers eliminate the overtime that the full-time ones have been getting. Mr. Bartley commented overtime will not be totally eliminated. Two contracts ago, Ms. Lapinto recalled when she was Borough Manager, the officers agreed to settle for a small increase, with the idea of being taken care of in the next one. The next contract came, no one wanted to talk to them, and it went to arbitration. After the contract was settled, Council penalized the officers by making them contribute 5% to their pension, resulting with a bottom line that the officers took home less money afterwards. Mr. Noto disagreed; it was not a penalty. Ms. Lapinto stated the fund was fully funded. That’s exactly what was done. Regarding the Citizen Comments Policy, Solicitor Marshall understands Councilmembers are required to request acknowledgement from the President to speak and once acknowledged, the comments are to be directed to the President as well. In addition, there is to be no public comments from Chairs or questions asked without be recognized by the President. After approval by the President, Ms. Lapinto explained the officers were required to have a 5% deduction from their paycheck for pension contributions. The Pension Fund was fully funded. Councilmembers may not have known that, but that’s what happened. Mr. Noto stated Council understood the pension was not funded correctly so to say Council voted it as a penalty because the police did something is a mischaracterization. Those are two entirely different things.

At that time, Ms. Lapinto stressed the police pension was funded 111%, as per Ms. Colleen Deer of Mockenhaupt Benefits Group. Council was provided with incorrect information. Mr. Noto reported Ms. Deer is the one that told Council it was necessary. Having experience with labor contracts, Ms. Janice Horn, 32 Barber Street, feels a 5-year contract is quite unusual and is dicey for both sides. A 3-year contract is more normal. Ms. Horn asked if Clarion compared this contract with what other boroughs similar to Clarion’s size might be. Ms. Lapinto reported Mr. Bartley contacted every State host community. Clarion Borough’s officers are next to the lowest paid officers; the majority of which have been here 20 years. Mr. Noto wonders if the Committee is really comparing items correctly. On base rate, that’s correct, and the Borough police pay doesn’t look very good. However, sick, vacation, and personal time; healthcare coverage and contributions to it; and longevity are not being considered. Mr. Noto questioned if the Borough’s really comparing apples to apples. What are other municipalities paying for longevity or selling sick time back. The information the Committee provided is appreciated; however, Mr. Noto doesn’t know if it compares what it should compare. Ms. Horn understands that the compensation for the other Borough employees is tied to the contract. President Walters stated no, that’s not correct. Mr. Noto commented they generally follow in step. Ms. Lapinto noted sometimes but not always. Mr. Noto asked if that’s been done in the past even if it’s not a tradition. Ms. Lapinto repeated not necessarily but sometimes. Mr. Noto asked if this was done the last time. Ms. Lapinto didn’t know because she wasn’t here. Ms. LaVan stated she didn’t know because she didn’t handle negotiations. Mr. Noto feels it was close. Ms. Horn urged Council to reconsider the length of the contract, which is her main concern.

Mr. Bartley stated the only reason for the length is so whenever there is an election year, a new Councilmember will be able to get his/her feet wet before negotiating a contract. Considering this 5-year contract with these astronomical raises, Dr. Sanders Dédé first questioned with the economy as it is who give these size raises? Most people are held with no raises. Something more modest would seem to make more sense. With the longevity payments, Dr. Sanders Dédé thinks she wants to be a police officer in the Borough of Clarion and inquired how the residents are going to sustain those raises. The people deserve to see the numbers and how much their taxes are going to be increased in order to be able to do the contract. Dr. Sanders Dédé asked if the Committee ran the numbers to see how much the budget will need to be increased to pay the raises. The Committee cannot just say overtime will not have to be paid because of part-time officers. Mr. Noto inquired further if the numbers provided accounts for longevity increases and for an officer being paid $150 for unused sick days. Other benefits are going to drive the cost up. Ms. Lapinto informed everyone the budgeted figure for full-time employees is not just the officers but includes the police secretary as well and also includes pay that the Borough is reimbursed for, such as Buckle-Up/DUI/Grant and Drug Task Force pay. Ms. Lapinto stated the budget will not have to be increased to fund the contract. Mr. Noto asked if Mr. Sam Lynch has reviewed it to ensure that’s the case. Ms. Lapinto commented Mr. Bartley already looked at it and personally feels the Borough should be doing the budget itself. Mr. Simpson shares reservations with the sick buyback and longevity not necessarily opposing it but has reservations. If you look at 2010 and 2011, the base pay increase per hour respectfully was 71 cents and 74 cents. For 2013, the increase will be 94 cents per hour. Mr. Simpson pointed out the big thing to factor in for 2010 and 2011 is the arbitration costs, which increased the 71 cents per hour in 2010 to $1.50 per hour. The officers didn’t receive that money, but it was a cost to the Borough. Mr. Noto thinks it needs to be made clear so everyone has a better understanding on the arbitration is that the Borough didn’t take the police there. The police filed arbitration, and the Borough reacted to it by defending itself. The police officers spent $40,000 roughly defending themselves. Mr. Noto stressed the Borough had to defend itself. Those are two entirely different things. The police, as well as the maintenance department, have the right to file for arbitration. It’s important to avoid arbitration and work with the officers to get a good deal. At the end of the day, Mr. Simpson stated it’s still a cost. Mr. Noto asked how long the negotiations lasted.

Mr. Bartley responded negotiations began in May. After two meetings with Officers Zerfoss and Robinson, Mr. Bartley made 100 phone calls and then visited the officers 20 times. Mr. Noto asked how often the Mayor met. Ms. Lapinto stated she was invited. Mayor Estadt clarified that’s not entirely true. She was invited to the first meeting but couldn’t attend because she was sick. Ms. Lapinto came to her store and stated this was the quickest contract; the police wanted 3 part-timers hired and that negotiations were done. Mayor Estadt understands the second meeting lasted 10 minutes, but she was not aware of it. Other than that, she was not included in any discussions. Dr. Sanders Dédé recapped the meetings resulted with raises of 4.5/4.5/.4.5/5/5%, longevity ranging from $1,000-2,500, and paying $150/day for unused sick time and questioned what the Committee negotiated. Ms. Lapinto stated the purpose of the sick day buyback is an incentive to the officers not to use their sick leave. Mr. Noto and Dr. Sanders Dédé both understand that. Mr. Bartley informed Councilmembers that amount was reduced from $150 to $75. Mr. Noto stated Council is expected to vote on this contract tonight and are just now being informed the amount was changed. Mr. Bartley stressed it just happened today and planned on telling Council during the discussion on the police contract under the Public Safety Report. Ms. Vinson started to make a comment; however, President Walters commented citizens can only speak once. Ms. Vinson didn’t realize that was a rule. President Walters pointed out that’s in the policy. Mayor Estadt commented that information should have been provided to Council; it could have been placed at their seat so everyone knew before the meeting. Mayor Estadt stated this is ridiculous. Dr. Sanders Dédé added it’s not very ethical or businesslike.

Mr. Simpson redirected everyone’s focus back to public comments so the meeting can move forward. President Walters agreed. Ms. Vinson asked where the rule is that states she can only speak once. President Walters commented it’s in Resolution #2011-216. Ms. Vinson stated Council hasn’t followed that all year but is going to tonight. Mr. Noto mentioned it was attached to the front of the Council packet. Ms. Lapinto stated it was adopted when South Street was going on. Mr. Joe Skelley inquired if he could give his time to Ms. Vinson. President Walters stated no. ADMINISTRATION President Walters commented the appropriations for the month of September are in the packet. On a motion by Mr. Simpson with a second by Ms. Lapinto, giving permission for Todd Colosimo to drawdown CDBG Funds to pay 1) The Law Office of Susan J. Smith regarding Clarion Borough Zoning Ordinance, Invoice No. 01644 in the amount of $1,294.98 (month of June 2012); 2) to reimburse the Borough for Todd Colosimo’s wages from 2-21-11 to 8-17-12 in the amount of $5,943; and 3) Western Pennsylvania Newspaper Co., Invoice #162956 for South Seventh Avenue curb ramp ad in the amount of $876.26, carried with a vote of seven yea. President Walters commented the Treasurer’s Report is in the packet for everyone’s review. Ms. LaVan stated Council has to make a motion to approve the September appropriations. On a motion by Ms. Lapinto with a second by Mr. Zerfoss to approve the appropriations in the month of September. Dr. Sanders Dédé asked on page 5 what the payment for Mark Hall is for. Ms. LaVan stated prescription reimbursement, which is part of the contract. Dr. Sanders Dédé asked for a statement of billable hours to the Solicitor from January to the current date.

Ms. LaVan verified an itemized listing by month for Solicitor Marshall and asked if she also wants it by hours. Dr. Sanders Dédé agreed. Also, President Walters received a payment for $104.63. Dr. Sanders Dédé requested a written explanation of what it’s for. Finally, Dr. Sanders Dédé inquired what the Borough would’ve paid to a Borough Manager from January to the current date. Mr. Noto questioned the payment to the law firm for Crooks hearing? Ms. LaVan commented Michael Bogush of Pope and Bogush is the Solicitor of the Zoning Hearing Board and reviews all the variance requests and prepares for the hearings. The motion carried with a vote of six yea with Dr. Sanders Dédé voting no. President Walters stated the Budget Analysis is in the packet for review. On a motion by Mr. Noto with a second by Mr. Zerfoss, approving the Clarion Area Chamber of Business and Industry’s special event request for the 59th annual Autumn Leaf Festival “Autumn’s Quilt of Colors” scheduled for September 29 through October 7, 2012, was carried with a vote of seven yea. President Walters stated the next item is to award South Seventh Avenue Curb Ramp Project. Acting Borough Secretary Hall stated no bids were received. Ms. LaVan asked Mr. Colosimo to explain this in more detail. Mr. Colosimo recommended Council wait until later this year or early next year before Council attempt to bid it again. Mr. Noto asked if it should be listed on November’s agenda. Since Council will have to approve the next bidding process per CDBG regulations, Mr. Colosimo recommends Council table it until official approval at the December meeting. On a motion by Mr. Noto with a second by Ms. Lapinto to table action on the South Seventh Avenue Curb Ramp Project until the December Meeting. The motion carried with a vote of seven yea. President Walters asked Mr. Colosimo to discuss this revision on the on the CDBG Resolution. Mr. Colosimo stated this Resolution revises the 2011 CDBG application from a number of generic improvements to adding a specific project of repairing and repaving various roadways and parking lots within the Paul A. Weaver Community Park.

On a motion by Mr. Simpson with a second by Ms. Lapinto, approving Resolution #2012-341, proposed revision to the Borough’s FYY 2011 CDBG Program, carried with a vote of seven yea. EXECUTIVE SESSION President Walters called for an Executive Session to discuss personnel and possible litigation, beginning at 8:10 p.m., including all Councilmembers, Mayor Estadt, Acting Borough Secretary Hall, and Solicitor Marshall. President Walters called the meeting back to order at 9 p.m. Ms. Lapinto made the following motions that Clarion Borough enter into the following financial agreement with the former Borough Manager Nancy Freenock; first, that Ms. Freenock is to receive $6,500, representing the contributions that she made to the pension plan; and that she additionally receive $12,500; for a total of $19,000. Also, as part of the motion, Ms. Lapinto stated the Judge has issued a gag order, and there will be no further discussion or any questions answered. Mr. Zerfoss seconded the motion. The motion carried with a vote of seven yea. On a motion by Mr. Noto with a second by Mr. Simpson, approving to send Centax two letters prepared by Acting Borough Secretary Hall, one for Earned Income Tax (EIT) and the other for Local Services Tax (LST), informing them of how they defaulted on their agreement, was carried with a vote of seven yea. DOWNTOWN COMMITTEE Mayor Estadt stated Autumn Leaf Festival brochures have been distributed everywhere and encouraged people to pick one up. Mayor Estadt commented the Clarion Conservancy is sort of back together. If anyone has a mobile phone, he/she will soon be able to download the I Clarion mobile application in January. Mayor Estadt stated basically the guide that was provided a few years ago on information included the parking guide and individual store listing, hours, and a description of services/good offered will be provided in mobile form. It will be totally interactive with the ability to live stream. The University mobile application website is operational. A presentation will be given to Rotary members Monday, and it also will be the topic of the Community Breakfast scheduled for October 25, 2012, at 7:30 a.m. at the American Legion. PUBLIC WORKS Mr. Zerfoss asked Acting Borough Secretary Hall to discuss Clean-Up Day results.

Acting Borough Secretary Hall stated the only bid received was from Veolia Environmental, who has been doing this service for the Borough for 6 years. Basically, the fees are as follows: a packer truck with two employees went from $75 to $95, $20 increase; disposal waste per ton went from $44.22 to $54, $9.78 increase; and 30-yard roll off went from $160 to $175, a $15 increase. The Borough bid out the contract for a 3- or 5-year period; and, due to fuel prices, no one thought anyone would bid it for 5 years. Acting Borough Secretary Hall commented the prices have not increased by much and recommends Council approve the 5-year contract bid. The Committee has been pleased with their service. Also, the company is willing to work around the final 2 years since the graduation dates are unknown at this time. On a motion by Mr. Zerfoss with a second by Mr. Bartley to approve the bid for Clean Up Day from Veolia Environmental Services for a 5-year period. The motion carried with a vote of seven yea. On a motion by Mr. Simpson with a second by Mr. Zerfoss to table action on the adoption of Ordinance #2012-792. If Council wants to handle this at the October Meeting, Solicitor Marshall pointed out the ordinance will need re-advertised and notices will need resent to the landowners. Mr. Simpson with agreement from Mr. Zerfoss amended the motion to table until the November Council Meeting. The motion carried with a vote of seven yea. Mr. Zerfoss announced leaf collection will be handled the same as it was last year. Pick up will be October 22, 25, and 29, and November 1, 5, 8, 12, 15, and 19. People may still use the leaf drop-off location at the Public Works facility, if he/she prefers. Mr. Zerfoss stated the Department fixed a storm drain on Greenville Avenue by Tippin. It was a similar situation as to the drain at Toby. Again, this is a State Highway, but PennDOT requires the Borough to maintain it. Mr. Zerfoss reported the Department also did the following activities this month: closed the swimming pool, patched potholes, hung new banners on light poles in the Downtown area, and will be preparing for Autumn Leaf Festival. Mr. Zerfoss finally noted the widening of Sheridan Road is completed except for the paving, which PennDOT will do when 322 is done. Many thanks goes out to Terra Works who donated the labor and trucks to assist with the Borough employees to widen that road. They are very Clarion Borough friendly. Mr. Zerfoss stated the road is much better to enter and exit now and should reduce traffic through the Troese Addition, which was a concern by many. Mr. Noto agreed it’s a definite improvement. PUBLIC SAFETY

Before getting into the contract, Mayor Estadt inquired if the Committee is not having monthly meetings. Ms. Lapinto has asked but there hasn’t been a need for one. Before voting on the contract, Mr. Noto asked for a copy of the contract and asked if anyone else had received one? Dr. Sanders Dédé received one but only because she asked for one while at the Borough Office for another meeting. Since Council discussed it at the last meeting, Dr. Sanders Dédé assumed everyone had been given a copy at that time. Ms. Lapinto inquired if Councilmembers were given the red-lined copy? Councilmembers had not; Dr. Sanders Dédé noted hers wasn’t red-lined. Mr. Noto received the current contract and a two-page document on what the police were asking for even though he has specifically requested an old and new contract for comparison purposes. Now Council’s expected to vote on it without even seeing a copy. Mr. Bartley stated everyone received the current one with the changes listed, which will be incorporated. Mr. Noto inquired if Council is expected to vote on it without seeing the end result? And, if so, that is not the way it should be. Ms. Lapinto commented that’s the way it’s always been done. Dr. Sanders Dédé agrees that’s not a good way to compare a contract. Ms. Lapinto doesn’t know how the last one was handled. Mr. Rich Herman stated that’s not correct. President Walters reminded everyone public comments will not be taken during the business section of the meeting as set forth in the policy. Discussion now is among Councilmembers only. Dr. Sanders Dédé compared the current and proposed contract, and the changes have been incorporated. Mr. Noto voiced surprise when he received the pages titled “Clarion Police Association”, which lists the information but doesn’t show anything the Borough is receiving in return. What is the Borough getting in return for 4½%, 4½%, 4½%, 5%, and 5%, sick buyback increase from $30 to

$75 now, and a longevity increase? Mr. Noto stressed that’s what he’d like to know. It’s fantastic to see the requests of the police and is helpful. Mr. Noto also inquired where it states the Borough’s allowed to hire part-time officers. Ms. Lapinto stated the contract allows it. Solicitor Marshall understands Council has three choices: the red-lined contract can be approved; action can be tabled until another specified time; or the major terms of the contract can be approved subject to finalizing a document, in writing, at the next meeting. Mr. Noto stressed it would be fool hearty to do anything without Councilmembers all seeing a written contract. Mayor Estadt inquired who knew before the meeting that the sick time buyback was reduced today from $150 to $75. Ms. Lapinto received a call from Mr. Bartley. Expressing a concern personally to Mr. Bartley, Mr. Simpson also received a call. Mr. Noto stated the information that was provided has been modified yet Council is expected to vote on it. Dr. Sanders Dédé asked if there are any other changes that Council may not know about. Ms. Lapinto and Mr. Bartley both answered no. In reference to the overtime issue, Mr. Noto questioned what guarantee Council has that the Borough will be allowed to do it. According to the contract dated January 1, 2009, to December 31, 2012, the Borough has to offer the overtime to all full-time officers first before going to part-time officers. How will the overtime reduce if the way in which officers are called out doesn’t change? Ms. Lapinto pointed out Section 3, E, Use of Non-Bargaining Officers allows it. It’s not safe to the Borough or an officer if he has to work a 20-hour shift. Chief Hall agreed it’s not a good situation. Mr. Noto read the following statement from the current contract “the Borough shall have the option to fill any shift vacancy with a regular part-time employee, or part-time employee, when shift vacancy occurs because a full-time employee is unable to report for work due to illness, injury, vacation, or in emergencies or extraordinary circumstances”. If that’s already in the contract, Mr. Noto asked why the Borough hasn’t utilized it before now. Why is a contract change necessary to enforce something that is already in the current contract? Mr. Noto

repeated why did the Borough need a new deal and an increase to be able to do what’s already is in existence. Ms. Lapinto stated the Borough had not hired part-time officers, but the officers asked the Committee to hire part-time employees, because they want to be home with their families. In fact, at the one meeting, one officer was on duty, one officer had to call off due to sick family, so that one officer had to work an 18-hour shift because no one else was available to work. Dr. Sanders Dédé asked what will stop a full-time officer from saying “I’m going to work”? If doesn’t matter how many part-time officers the Borough employs, they can’t work if a full-time officer wants to fill the shift. Ms. Lapinto commented she has faith in the police officers. Mr. Noto thinks everyone has faith in the officers, but Council is talking about a legal binding contract. When the contract states scheduled overtime needs posted and only after nonworking full-time officer rejects the offer can the Borough use a part-time officer, that’s an issue. What’s the deciding factor as to how that’s enforced? Ms. Lapinto commented the Chief can probably answer that better, but it probably is during Autumn Leaf, and doesn’t think the police officers need enforced. Mr. Noto inquired how that doesn’t play into other times too. The equalization overtime section should be removed. Chief Hall noted this is to alleviate overtime that was paid out for vacation but wasn’t involved in negotiations and doesn’t know why the equalization section wasn’t negotiated. Dr. Sanders Dédé questioned how the Borough will pay for these wages without raising taxes? Mr. Bartley stated by using the part-timers to work the vacation days. Dr. Sanders Dédé asked what regulation the Borough will have to use a part-timer over a fulltime employee. Mr. Bartley stated Section 3 E the Borough has the right to fill any shift vacancy with a regular part-time employee, or part-time employee, when a shift vacancy occurs because a full-time employee is unable to report to work due to illness, injury, or vacation. Mr. Noto asked for someone to explain scheduled overtime. Dr. Sanders Dédé doesn’t believe that section will circumvent a union member from saying “I’m working”.

Mr. Bartley explained the Borough is going to pay for a contract using a part-time officer for $15 per hour for personal or vacation days, which is $19,390.80. Each year, the rate for the fulltime officer will increase; therefore, the Borough will save more than that amount. Mr. Noto doesn’t understand if that’s been in the contract why these raises, longevity, and sick buyback amounts are necessary if it already exists? Mr. Bartley asked if the Borough should save the money and not give anything to the officers? Mr. Noto didn’t say that. The police do need a raise, but that’s awfully big. Mr. Noto doesn’t see what the Borough’s getting in return. Mr. Simpson asked Solicitor Marshall if Item 5D and E conflict as written. If E would supersede, then the Borough would have the option to fill any shift, and Mr. Simpson would be okay with it. Solicitor Marshall commented he didn’t have a copy of the contract. Ms. Lapinto provided Solicitor Marshall with the red-lined version. Solicitor Marshall stated the distinction is on the type of overtime. Scheduled overtime is any overtime where an employer has at least 5 days prior notice. Unscheduled overtime is less than 5 days’ notice. Then there is crisis overtime. Paragraph E relates that the Borough has the right to use part-time officers in basically unscheduled overtime situations, i.e., illness, injury, vacation, emergency or extraordinary circumstances. Solicitor Marshall added his understanding, just on a quick read through, the other schedule deals with scheduled overtime. Mr. Noto cannot believe the Solicitor hasn’t been asked to look at the contract and asked why there’s scheduled overtime for one thing. Secondly, how could vacation not be scheduled; people plan their vacations ahead of time. Solicitor Marshall disagreed in the sense a police officer sometimes uses vacation days for an emergency purpose. If it were known beforehand, that would be a different situation. Mr. Simpson asked Solicitor Marshall if he sees any current conflict with what the Committee’s discussing as far as overtime between Items 5 and E. Solicitor Marshall doesn’t see a conflict. Mr. Noto asked the Solicitor to review both contracts and provide a legal opinion in writing that Section E, Use of Non-Bargaining Unit Officers in Clarion Borough, is given precedence so the Borough knows what it’s operating under. Mr. Simpson feels it will be on the record tonight.

Solicitor Marshall reported Section 3 has to do with the work week and the schedule. Item 5 states scheduled overtime would be posted on each officer’s worksheet as scheduled overtime, which again is more than 5 days’ notice. Mr. Noto commented it might be easier hiring another full-time officer to fill the needs of scheduled overtime. If the Borough hired a full-time officer, Ms. Lapinto informed everyone the Borough would have to pay benefits, hospitalization, and uniform allowance; whereas with part-timers, you do not. At the same time just to play Devil’s advocate, Mr. Noto asked if it wouldn’t make sense to go to all part-time officers and save the Borough a tremendous amount of money. Mr. Noto asked Solicitor Marshall if that’s a possibility. Solicitor Marshall stated no. That’s not correct. If the contract says the Borough has the option to fill a vacancy with a regular part-time officer, Mr. Noto asked why. Solicitor Marshall pointed out that’s not what he informed Council. Solicitor Marshall stated the Borough has the right to assign a regular part-time employee to a shift for a regular employee who is absent due to illness, injury, vacation, emergencies or extraordinary circumstances. Mr. Noto pushed how that cuts the overtime costs. President Walters commented Council has been told it will save $19,390.80 for just the vacation days. Mr. Noto stated Council wasn’t informed when the part-time officers were hired that it would be for something in the future. President Walters feels that there had been difficulty in the Police Department before he ever got on Council. Since then, President Walters thinks Council can have a better working relationship with the officers. This is a great step in the right direction. Mr. Simpson asked Chief Hall approximately how much scheduled overtime there’s been in the last week or so. From August 19-25, 2012, Chief Hall stated 8 days, which the majority was done by part-time officers. Mr. Simpson inquired if any full-time officers worked the scheduled overtime.

Chief Hall stated yes. Two days were mandated due to the unavailability of the part-timers, which will happen because they all have other jobs. Mr. Simpson stressed overtime is never going to be zero. It can be reduced. If base pay were the only thing to consider, Mr. Noto thinks the Borough would be okay. President Walters asked Mr. Noto if he feels the officers are overpaid for what they do. Mr. Noto commented 4½% and 5% is too high of an increase at this current time. Ms. Lapinto stated that didn’t really answer the question. Mr. Noto stated it did as fully as he’s going to answer it. If there is a retirement in either the Public Works or Police Department, Ms. Lapinto informed everyone the Borough may be able to forego a full-time employee and hire a part-timer. Mr. Noto doesn’t have faith in the actions of Council or that this is the best interest to the taxpayers. Without thoroughly reviewing it, Mr. Noto will not vote on the contract. Mayor Estadt asked if there would be an opportunity for a complete contract to be provided to all Councilmembers and herself and then for discussion at the second Council Meeting in September. President Walters voiced concern that the Police have already filed arbitration. Mr. Noto stressed that’s something that they have to do automatically by a certain date. Council has until January 1st to approve this contract. To say the department is in arbitration against the Borough is disingenuous and not accurate. Mr. Noto feels to say Council has to hurry up and do this without thinking it through is exactly how Council got to the point where they voted on a $19,000 pay off early tonight. President Walters stated Mr. Noto has his opinion but this Committee also gave an employee an increase of 27-28% last year. Whether it’s right or wrong, President Walters argued that last year but it was still done. Dr. Sanders Dédé asked if the Borough completed performance evaluation on the officers. Chief Hall commented no. When she was Borough Manager, Ms. Lapinto stated performance evaluations were done in all department. However, they were discontinued.

Mr. Noto feels they are necessary. Ms. Lapinto agreed wholeheartedly and that’s why they used to be done. Mr. Noto voiced confusion what the difference is between this police contract and the Borough Manager contract. Earlier this year, President Walters didn’t favor the contract and stressed it had nothing to do with the employee. Why was a contract in January so bad, but this one is such a great idea? In fact, Mr. Noto recalled Solicitor Marshall informing certain Councilmembers in Executive Session that they could be liable for their vote on a contract, because he didn’t feel it was a good contract. Solicitor Marshall corrected Mr. Noto by saying the Councilmembers could be potentially liable, because the agreement included terms that Solicitor Marshall felt were contrary to Borough ordinances and the Borough Code. Also, the Solicitor at the time did not review the agreement. Dr. Sanders Dédé and Mr. Noto both mentioned Solicitor Marshall didn’t review this contract nor did he see it before tonight. Solicitor Marshall pointed out Council never has to request his services. Anything that he/she does without requesting a Solicitor’s opinion can potentially result with him/her being personally responsible. However, the Solicitor has never acted as the Borough’s bargaining unit attorney either. Usually, the Borough’s had a separate attorney. If it’s not Solicitor Marshall’s function, Mr. Noto asked what attorney is handling it. Solicitor Marshall stressed nobody has asked him to review it. Mr. Noto asked Solicitor Marshall to do so. If the majority of Councilmembers want him to review it, Solicitor Marshall commented he’d be happy to do so. Mr. Noto understands where this is going. Solicitor Marshall informed everyone it’s entirely up to Council if he/she wants him to review it. Ms. Lapinto asked Solicitor Marshall for verification that the red-lined contract contains basic language. Solicitor Marshall stressed he hasn’t had time to review the entire thing, which is about 20 pages long. Having nothing to do with the contract, Solicitor Marshall commented he cannot tell anyone what the original contract stated. In fact, the last Solicitor didn’t even review it.

Ms. Lapinto noted nothing has changed except where the red marks are. Mr. Noto stated then it hurts nothing to give Council both copies and time to review it. Without reading the entire document, Solicitor Marshall stressed he cannot professionally inform Council if this is adequate and states what Council want it to. Addressing the police officers that are present at the Council Meeting, Mayor Estadt apologized and doesn’t know the way it will go tonight. Right now, Mayor Estadt personally feels Council is basically pulling another Freenock without given the opportunity to review it. It has absolutely nothing to do with the officers’ performance. Having dealt with these officers, Mayor Estadt stands behind the fact that they do an outstanding job. Again, Mayor Estadt asked if it’s possible for Solicitor Marshall to review the contract to make sure it’s professionally acceptable and then Council meet at a second Council Meeting to give these officers what they deserve. January 1st may be fast approaching, but it’s clear, even to the citizens present, that several questions need answered. If Mayor Estadt’s duty includes supervision of the police, Dr. Sanders Dédé wondered why she had not been involved in negotiations. Mayor Estadt admits being invited to the first meeting, which she was not able to attend because she was sick, but heard nothing after that initial meeting. Solicitor Marshall pointed out the Borough Code authorizes Council to negotiate contracts. Mayor Estadt realizes it was by word of mouth that she would be included and not by law. Mr. Noto thinks Council will be foolish if he/she doesn’t make sure what is intended is in writing and it’s okay before voting and signing anything. Nobody would buy a car or house without reviewing the documents. Mr. Simpson asked if the raises stay at the 4½/4½/4½/5/5% if Mr. Noto would ever vote for that. Mr. Noto stated that’s a hard question and feels the police need a raise but a reasonable one. President Walters asked Mr. Noto what reasonable would be. Mr. Noto preferred not to answer that at this point. For the record, Mr. Simpson favors the raises. Dr. Sanders Dédé stressed she would need to see the numbers, what it’s going to do for the citizens, and raising the taxes before she could vote on the contract.

Mr. Noto agreed; what’s the cost to the taxpayers that Council doesn’t realize down the line. Clarion Borough prepares an annual budget; yet here’s a contract for 5 years. Mr. Simpson verified Mr. Noto is also against the length. Mr. Noto confirmed he’d like to see a shorter contract. Mr. Bartley makes a good point though, but a 3-year contract may be better. Going on the record, Mr. Simpson supports a 5-year contract. President Walters asked if there is a motion on the floor. Ms. LaVan stated no. Ms. Lapinto made a motion to approve the Police Contract with the terms presented with the one change of sick leave buyback from $150 to $75/day. Mr. Bartley asked if he could add to the motion. Solicitor Marshall commented somebody can move to withdraw their motion and then move to amend it. Ms. Lapinto withdrew her motion. Mr. Bartley added to the motion that it’s pending review by Solicitor Marshall then it comes back to Council for a final vote. Ms. Lapinto doesn’t believe that can be done and stressed you’re not going to please everyone. President Walters asked Solicitor Marshall about the motion. Solicitor Marshall understands Mr. Bartley’s motion is that the red-lined version presented this evening includes all the major terms with one correction on sick day buyback from $150 to $75/day and he’s recommending that those terms be approved subject to a final written contract being adopted, after review by the Solicitor on wording matters. Mayor Estadt verified it will come back to a vote again. Solicitor Marshall agreed. Council is approving the terms of the contract subject only to his review and a final review/vote by Council in the final form. The terms will not be altered. Just so everyone’s clear, Mr. Noto commented Council’s basically voting on the contract and looking at the language to make sure all the i’s are dotted and t’s are crossed.

Solicitor Marshall agreed. Mr. Simpson inquired if Council can vote on the major terms of wages, length, sick day buyback, and longevity individually. Solicitor Marshall stated no, Council cannot piece meal a contract. Council either approves or disapproves it. Dr. Sanders Dédé asked who seconded the motion and also for the motion to be repeated. Ms. Lapinto seconded the motion. Solicitor Marshall repeated his understanding is the motion as follows, Council is voting to approve the red-lined version of the contract which contains all the major terms with one modification on reducing sick day buyback from $150 to $75/day, subject to the Solicitor’s review and changes of language only. Mr. Noto verified Council’s going to vote on a contract, which not too many Councilmembers have seen. President Walters stressed on the terms. Mayor Estadt asked who had a red-lined copy beside Ms. Lapinto. No one else indicated they have received one. If this contract does come to fruition, Mayor Estadt reported the conduct of this Council must change. It absolutely has to change, because it’s ridiculous. Council looks like a joke to the citizens of the Borough. Mayor Estadt stressed it’s a total disgrace. Mr. Simpson voiced his only objection is to the sick day buyback amount. The motion carried after the following roll call vote: Mr. Zerfoss, yes; Mr. Simpson, no; Dr. Sanders Dédé, no; Ms. Lapinto, yes; Mr. Noto, no; Mr. Bartley, yes; and President Walters, yes. Dr. Sanders Dédé questioned what just happened. Ms. Vinson stated it means Council voted on something that doesn’t exist yet. President Walters reported Council agreed to the terms of the contract. FIRE HALL REPORT: On a motion by Mr. Zerfoss with a second by Mr. Simpson to give permission to advertise for bids for the painting of the fire hall. Mr. Bartley asked Solicitor Marshall if he should abstain since he is a firemen.

Unless Mr. Bartley is personally benefitting from it, Solicitor Marshall commented no. The motion carried with a vote of six yea. (Mr. Noto did not vote, as he left the meeting at this time at 10:06 p.m.) HOUSING AND ZONING On a motion by Mr. Simpson with a second by Mr. Bartley, adopting Solid Waste Ordinance #2012-791, which changes the hours of trash collection in the Borough to be 6 a.m. to 10 p.m., was carried with a vote of six yea. RECREATION Mr. Simpson reported he pool is closed. Ms. Lapinto stated a meeting will not be held with the YMCA until next month, at which time most of the final bills should be received. Ms. LaVan notified the YMCA that a wrap-up meeting will be held so everyone can discuss the season. With regards to the pool being closed, Mayor Estadt asked if the Committee is proposing what needs to be done in order to reopen next year. Council just received a check this evening so hopefully something would be done with that. Ms. Lapinto thinks the biggest problem is the leak in the baby pool, which will need discussed. Mr. and Mrs. Clark’s son should be recognized as Citizen for a Day. Mayor Estadt agreed and mentioned he could possibly cut the ribbon for next year’s pool opening ceremony. Ms. Lapinto stated there’s been discussion on developing another field in the back where the Public Works Department used to dump snow. However, there is a discrepancy between the Culbertson and the Borough on who owns what. Therefore, Ms. Lapinto stated a survey is necessary to see what the Borough actually owns. On a motion by Ms. Lapinto with a second by Mr. Zerfoss to give permission for the EADS Group to survey the park for the amount of $1,200-1,500. The motion carried with a vote of six yea. SECRETARY’S REPORT Acting Borough Secretary Hall reported everyone was given a copy of the Minimum Municipal Obligations, MMO’s, for the pension plans for 2013 and asked Ms. LaVan for additional comments. Ms. LaVan stated normally the Borough provides data to Mockenhaupt Benefits Group in August when the forms are received. However, this year the forms were not received in the

mail and a reminder e-mail was received from Mockenhaupt asking for it. Council must adopt the MMO’s by the end of September. Therefore, due to time constraints and not having a final decision on if the contribution rate will be reduced, Ms. LaVan asked Mockenhaupt to prepare the information based on a 5% contribution. If Council wishes to reduce the rate, which Acting Borough Secretary Hall has already discussed with Ms. Colleen Deer, Council can adopt amended MMO’s before the end of the year. Ms. Lapinto stated the Borough needs to actually have an actuarial report on both pension plans. On a motion by Ms. Lapinto with a second by Mr. Zerfoss, approving the Minimum Municipal Obligation for the Police Pension Plan in the amount of $59,520, was carried with a vote six yea. On a motion by Ms. Lapinto with a second by Mr. Zerfoss, approving the Minimum Municipal Obligation for the General Employees’ Pension Plan in the amount of $58,428, was carried with a vote of six yea. On a motion by Ms. Lapinto with a second by Mr. Zerfoss, approving the Minimum Municipal Obligation for the General Employees’ Defined Contribution Pension Plan in the amount of $4,505, was carried with a vote of six yea. MAYOR’S REPORT/POLICE COMMUNITY ACTIVITY REPORT Mayor Estadt reported Rocky Bleier did an excellent presentation on August 16, 2012, and she presented a key to the Borough and a Proclamation to him. It was well attended. Mayor Estadt participated on August 25th with orientation speaking to incoming freshman at the University and discussing the Good Neighbor Program. Anyone that is directly affected by the college environment, can complete a survey at www.clarion.edu/267773. This is a very young program, which the University extended an invitation to the Borough when the Neighborhood Watch Program didn’t go as expected. Mayor Estadt commented they are trying to reach out to the freshman and let them know their conduct is very important. Not only do the students represent the University, but the Borough as well, which is where they will live for the next 2-4 years. This program is an attempt to establish a relationship with them. Mayor Estadt also met with the athletes on August 29, 2012, and again stressed the importance of their conduct as students and also residents. It went very well. However, the first week back to school, there was quite a bit of activity. Speaking personally after losing the second urn in 2 years, Mayor Estadt asked if there is a way for the Public Safety Committee to document all the damage during that time frame and provide it to the University. Also, perhaps more officers should be on duty than there was this year. As Chief Hall stated earlier, Mayor Estadt agrees the students come in cycles, and it seems as though this is a bad cycle this year. Ms. Lapinto asked if a presentation was ever done on putting cameras at that intersection?

Mayor Estadt recalled Ms. Lapinto did have an individual come in to do a presentation and it may need re-visted. Also, Mr. Crooks and she discussed having cameras installed, which is being investigated as to the cost and how the system would work. Unfortunately, the students come in cycles. If reaching out to the freshman helps, there may be a trickling down affect as they get older. OLD BUSINESS Following up on Ms. Lapinto’s comments earlier, Mr. Zerfoss stated Clarion Borough did a very smart move when hiring Ms. LaVan and feels Clarion Borough is a better place with her employment. NEW BUSINESS Mr. Simpson asked Council to consider acquiring the EADS Group to complete a cost estimate for the baby pool, or its replacement/modification for ADA upgrade. Part of the ADA for the baby pool is some type of zero entry. It may be September, but it would be nice to have a number. On a motion by Mr. Simpson with a second by Mr. Bartley to acquire the EADS Group to complete a cost estimate for the baby pool, whatever the Borough would need to complete for next year’s season for an ADA upgrade. The motion carried with a vote of six yea. CITIZEN COMMENTS: Non-Agenda Items While Council was in Executive Session, Ms. Vinson reviewed the Public Comment Policy and didn’t notice that individuals can only speak once. Also, Council should be prepared for You Tube videos. Ms. Vinson stressed certain members should be very ashamed of him/herself for the action he/she took. If a number of officers have been employed for 20 years and are considering retirement, since retirement is based on the last couple years he works, most of them will do what they can to boost their pay, i.e., working overtime. Secondly, history has shown Council does the same thing, or very close to it, for the Public Works Department and administrative staff. This may give them grounds to go to arbitration if they are not offered the same thing. Ms. Vinson questioned if Council is going to hire part-time employees in those departments as well to cover any raises? The action Council takes does not just affect one thing and oftentimes leads into other issues. Ms. Vinson thinks Council will be raising taxes, and residents are not going to be happy about it. To vote on a contract that he/she doesn’t even have in front of him/her is ridiculous. It doesn’t seem like any negotiating was going on. Council didn’t look at the whole picture of what the police officers’ benefits, not just base pay, is. The health insurance program is excellent, and the only other plan that comes close to the Borough’s is the military’s. Ms. Vinson stressed some of the Councilmembers are not using taxpayer money wisely and that’s why the residents are attending and record the actions and putting it on You Tube. This kind of behavior has got to stop. Ms. Vinson appreciated Mayor Estadt for apologizing to the officers for what they had to see tonight and thinks some of the Councilmembers need to apologize to Clarion Borough for what he/she did.

Mayor Estadt reported Jeffery Donner is the new parliamentarian for Student Senate, along with the Communications Department. They will be attending and reporting on the meetings on a monthly basis. Mayor Estadt apologized for not introducing him earlier in the evening. Ms. Lapinto stated You Tube is great and some people do watch it; however, it was nice when the University used to air the Council Meetings live. A lot of people did take advantage of watching it. Mayor Estadt appreciated the attendance of the Communications Department tonight and understands that will be continued. CORRESPONDENCE There was none. On a motion by Mr. Bartley with a second by Mr. Simpson, the Council Meeting was adjourned at 10:21 p.m. __________________________________ Mark E. Hall, Acting Borough Secretary

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