HOME RULE BOROUGH OF EDINBORO
PUBLIC HEARING
Mayor Allen called the Public Hearing on the Property Maintenance Code Ordinance repealing Ordinance No. 456 of 1993. Mayor Allen read the advertisement for the hearing as follows:
The Home Rule Borough of Edinboro Council will hold a public
hearing at
AN ORDINANCE OF THE HOME RULE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA, ESTABLISHING THE MINIMUM REGULATIONS GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND STRUCTURES; BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO INSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPATION AND USE; AND THE CONDEMNATION OF SUCH STRUCTURES AND PROVIDING FOR THE REGULATION OF RESIDENTIAL RENTAL PROPERTY AND LICENSES THERE FOR AND THE CHARGE THEREOF; IN THE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA, AND REPEALING ORDINANCE NO. 456 OF 1993.
The full text maybe found at the Municipal Office between
the hours of
Home Rule Borough of Edinboro
E.R. McFadden, Manager
Run 1X in BTN on
Mayor Allen turned the meeting over to Caroline Rhodes, Chairman of Ordinance Review Committee.
Caroline Rhodes explained that the reason for the hearing was to take input from citizens. Anyone wishing to speak is asked to stand and give their names and addresses and to keep their comments to 3 minutes so all can comment. If time allows, speakers can make additional comments at the end. Comments can also be made in writing. It was also
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requested that comments be kept to specific parts of the Property Maintenance Code Chapter 9 Residential Regulated Rental Units. General comments are also welcome. Caroline Rhodes informed the public the committee was considering a fee of $25 per year or a $10 increase.
Betty Lou Christiansen:
Jo Kerschner:
Vince Dunsworth:
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HOME RULE BOROUGH OF EDINBORO
PUBLIC HEARING
Eric Purchase:
Attorney representing James Properties at
Neil Milligan:
Route 99 North of Edinboro with a few rentals on
RULE BOROUGH OF EDINBORO
PUBLIC HEARING
citizens in a neighborhood calling attention of problems in neighborhoods with rowdy, and destructive behavior. Police and Code Enforcement Officer while using tools at hand found out how other communities solve these problems. The provisions in this ordinance Section 901 has three findings: 1) There is a greater incidence of violations of various Codes of the Borough at residential properties where Owners do not reside in the Borough and rent such property to three or more unrelated individuals than at owner-occupied residential properties or family-occupied residential rental properties. 2) There is a greater incidence of problems with the maintenance and upkeep of residential properties where Owners do not reside in the Borough and rent such property to three or more unrelated individuals than at Owner-occupied residential properties or family-occupied residential rental properties. 3) There is a greater incidence of disturbances which adversely affect the peace and quiet of the neighborhood at residential properties where Owners rent to three or more unrelated individuals than at Owner-occupied residential properties or family-occupied residential rental properties. So chapter 9 is almost the only change in the current code. The additional regulations this draft has includes Section 903 is Owner’s Duties; section 903.2 is Designation of Responsible local agent; 903.3 is Tenant and Landlord information form; 903.4 Maintenance of Premises; 903.5 License and Rental agreement; 903.6 prohibited provisions; 903.7 Inspections by Code Enforcement Officer; 904 Tenant Duties; 905 Rental licenses and inspection; 906 grounds for non-renewal of license; 907 grounds for violations and penalties; 908 procedure for non-renewal and/or imposition of penalties; 908.2 right to appeal; and section 909 notices. All these items have been discussed in committee prior to this hearing and nothing is cut in stone and amendments can be made.
Rich Forcucci:
209 West Skytop – I have a couple questions. Will the fee cover the costs associated with whatever we plan forth? My understanding is that as a landlord and a resident of this community I don’t think the business of renting should cost the general taxpayers additional taxes. Renting is a business and we as taxpayers have been paying for the service landlords receive with inspections and it is time to assign the appropriate costs with the business of renting and the fee of $25 is too inexpensive. At some point we had discussed $50 for a fee to break even with the cost of the associated service and water, sewer, and earned income taxes should not be mixed into this. We are talking of renting as a primary business and the fee should be offset by the cost of renting. Caroline Rhodes stated the current proposal calls for inspection once ever two years while the prior $50 proposal was inspecting every unit every year. $25 just covers of inspection and paperwork with taxpayer general revenues also partially supporting this service.
HOME RULE BOROUGH OF EDINBORO
PUBLIC HEARING
Betty Lou Christiansen:
May I ask for a clarification of signatures? We are not allowed to just give you the names of tenants do we have to bring them in or what? Caroline Rhodes stated the
current draft requires the landlord to get the signatures of the tenants. This way tenants would have seen the regulations and know the number of tenants allowed in this unit. This version requires signatures but do not need to be signed in our presence. Mr. Milligan asked if the form could come in after students come in for classes. Caroline Rhodes stated the committee felt the tenants could sign when they sign their leases. There has been much discussion on if the landlord could supply names and if signatures were important.
Jo Kurschner:
Do we pick up the slips and send in the names of each and every renter and were they live? Caroline Rhodes stated the Borough will send it to you and you will get it signed and return it to the Borough. Can I sign their names or do they have to? Your tenants must sign, as the draft is presented at this time. Someone said this was a business when you rent. I don’t understand why we need to pay the Borough to rent our houses to others. Caroline Rhodes wished free enterprise system worked so well and landlords fix up properties and tenants go to the better properties and unsafe properties would get fixed up, but this doesn’t happen. A Code Enforcement Officer must notify landlords of violations and inspect these properties.
Eric Purchase:
The issue I wanted to talk about is the tenant information sheet. The ordinance seems to require the tenant to sign the application as a prerequisite to the landlord obtaining the license. Everyone as a person has a right to privacy of where work and live and phone number. No other community requires you to register except in New Castle and the Borough. I think this is an invasion of their constitutional right of privacy and proposes a hazard to a small portion of those people. It is an unpleasant fact that many people have domestic problems and they don’t want to be known as public record. I think this is a problem legally for your statue and you don’t need to encounter. It seems that listing the names of the tenants is away to know of over population. I don’t think this meets your goal. Caroline Rhodes stated the constitutional issue has been held up in court.
Neil Milligan:
I hope Council will keep in consideration that if you want everyone renting to have a new place it will not happen. Also what Mr. Forcucci stated is absurd that we should cover the costs. For example only those with cars pay for roads or one entity pays for all costs. I don’t mind the permit just wonder if next year it will be $50 and you are
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HOME RULE BOROUGH OF EDINBORO
PUBLIC HEARING
just leading us into it. Everytime Edinboro is dipping in to $50 here and $100 there to the point I feel I’m being robbed.
Vince Dunsworth:
First I would like to say that things are a lot better then they used to be. Unfortunately the former Code Enforcement Officer didn’t do much of a job and this Borough has improved 500%. I question the need for inspection every other year. A good landlord will tell you which need to be inspected and they will be calling. Also I don’t think you need names or signatures. Landlords could pass out to every unit or mail to every unit it is only adding more paperwork not gaining anything from it. Personally I have resurrected two properties and don’t want slums. Borough, Police, and Landlords could cooperate and let landlords know who has been bad in their units. Also maybe this ordinance is constitutional, but is it right?
Robert Gray:
Names are important because if living in Borough if no one knows their names how can we get wage tax etc as needed. Ms. Kurschner stated the Borough has tenants names from water bills and from employers.
Edith Williams:
200 Meadville Street. Not being a landlord she was interested in the fee. Attorney Marsh do you pay fee to be an attorney? Yes. Attorney is it a business? Yes. What difference being attorney paying license to be in business and landlord paying license to be in business. Mr. Milligan stated if he had to double or triple his fee to pass it on to his clients he would not be happy. Caroline Rhodes stated we understand that landlords will pass it on to clients.
Manager McFadden:
Three brief comments Dave Zamierowski did a survey of other municipalities with universities. According to the information Bloomsburg charges $20 per person; California is $40 per unit; Clarion is $25 per unit; Indiana is $25 per unit; E. Strausburg is no fee; Shippensburgh is $30 per unit; Millersville is $30 per unit; and West Chester if $42 per unit. Edinboro is discussing $25 per unit. Second point is the $25 per unit per year. If $15 has been paid to date for fiscal year 2000 January to August and paying $25 August 15, 2000 to August 14, 2001 which means 1/3 goes into 2000 or $8 to this year and 2/3 for 2001, actually not exactly to the penny, but closely $25 annual fee. This makes a smooth change and no double dipping as mentioned. You were notified the first $15 was for January to August 2000 as notified in November 1999. The third point is that we anticipated might be an annual inspection adding a part time inspector. As we
HOME RULE BOROUGH OF EDINBORO
PUBLIC HEARING
discuss once ever two years inspection we no long will add a part time person. Those are just a few comments to help clarify some questions.
Dave Zamierowski:
Code Enforcement Officer stated his door was always open and he would speak to anyone, anywhere, and anytime if they have any problems anywhere.
George Finney:
I would like to answer your question Neil Milligan on the fees. We used to pay $5 for years and presently $15, which does not come close to paying the Code Enforcement salary and expenses. The $25 still does not pay costs and salary. It is a business and I don’t see a problem. Also with the signature when you have them sign your contract you should have them sign the license that they know the rules.
Jean Davis:
I figured the fee at $15 for 8 months is $1.87 a month. While the $25 is for August 15 to August 14 or $2.08 per month. The rates are approximately the same as this year just pro rated.
Manager McFadden:
We have done a rough calculation with saying we have 1330 units and half are inspected per year at an average of one hour to inspect each. This would take approximately 665 hours or 41% of the Code Enforcement’s time. While his budget for the year is $70,200 which includes his responsibilities including inspections. At $25 per unit we would receive $33,250, which would be 47% of the total budget, contributed to him. His time is 41% not including secretarial and related costs. The reason I mention this is because of the point was on the floor the relative portion of the license fee to the effort being put into the ordinance if adopted.
Charles Brand motioned to adjourn the hearing and Robert Gray seconded. Caroline Rhodes thanked everyone for their input and with no objections the hearing was adjourned at 7:00 p.m.
ATTEST:
__________________________ _____________________________
Manager E.R. Buck McFadden Mayor Clifford E. Allen
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HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
The following Council members were present: Caroline Rhodes, Mayor Clifford Allen, Jean Davis, Robert Gray, Charles Brand, George Finney, and Paul Snyder. Also in attendance were E.R. Buck McFadden, Borough Manager; Solicitor Ritchie Marsh; Dave Zamierowski, Code Enforcement Officer; and Marie Lander, Assistant to the Manager. Guests present were Vince Dunsworth, Robin Green, Eric Purchase, Bette Lou Christinsen, Jo Kirschner, Bob Christensen, Edith Williams, Neil Milligan, Bob Porterfield, Nancy Snyder, Mike Prirue, Naomi Johnson, Rich Forcucci, Jeanne Brand, Don & Linda Hoffman, Bud & Gen Bleakley, Liana L. Gray, Mary Frantz, Mary Fennsy, Ella Pahls, David Fulford, John Dietz, Judi Gliechsny, June Mihalak, Betty Woodward, Jennifer Moore, Tammy & Tina Pahls, Chuck Johns Jr, Carol Johnson, and members of Troop 176.
Mayor Allen introduced the minutes from the Council’s Regular Council Meeting held April 10, 2000. Caroline Rhodes moved for approval of the minutes and Charles Brand second. The minutes passed unanimously by voice vote 7-0.
Attorney Eric Purchase for James Properties Inc,
and Westminster Place Partnership requested time to speak on Residential
License Rental Ordinance before Council.
Mr. Purchase explained that Council had heard most of his speech at the
Hearing that preceded the meeting but he wanted to let Council know that his
client does not want to fight them that their interest are the same that they
want to work with Council to address irresponsible landlords. It is frustrating to hear that Council
committee has been working on this Ordinance for two years with consultation
with other communities but consultation with this community has been
overlooked. The message they want to
relay is that they want to work with Council and if representatives of the
ordinance can speak with representatives of James Properties and find out what
the issues are and if there is some other way of addressing them. Maybe we can work something out good for
everyone. I can also tell you this, if
the ordinance passes, and if in fact the charges do not bear reasonable
relationship to the actual costs, and if in fact we are required to disclose tenant
information that violates their rights to privacy then my clients will have
very little choice but to go forward with what ever legal remedies are
available to them. I feel compelled to
address the New Castle case, which I think is widely regarded as some kind of
tonic some kind of test for Constitutionality of this Ordinance. What I can
reassure you is that it isn’t, that it addressed certain specific issues; it
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addressed
the allegations that inspections, search, and seizure; it addressed that due
process is built into the ordinance; it did not address the rights of tenants’
privacy; it did not address specific the reasonable relationship of charges to
actual cost. We don’t want to fight you. We want to cooperate with you. We just want to be heard in a meaningful
manner.
Ella Pehls Director of Edinboro Food
Pantry requested time to speak in regards to a letter that was received on
Saturday and happening prior to that. We
came down Friday to find that things had been moved out of one closet without
our knowledge. If we had been consulted
we could of moved our own things in such a manner that we could have
operated. The other is a letter with a
deadline of May 1st to combine everything into one room, which is
highly improbable for us to do. This is
putting a burden on us to be in one room putting freezers, refrigerators, and
copier, which are necessary for our operation into one room. It going to be electrically safe and will it
limit the amount of space for food. We
are set up in an organized system to pack bags in an assembly line system. The personal hygiene products and the
cleaning supplies which are not provided for by food stamps are necessary to
keep children clean and healthy. We do
not provide everything for them, we supply a supplemental bag of food and we
try to provide what we feel is necessary.
If we are limited to one room we will have to eliminate them since we
are not allowed to have them in the same room. We are under contract with the
Second Harvest Food Bank that sets our area as the General McLane School
District. They tell us how to store our
food, how to keep our freezers, dry food
products off the floor on pallets, etc.
They come once a year and inspect our location and if we do not meet
their regulations we could have the pantry suspended. The Inter Church Council also directs
us. They must authorize where we are
located and whom we are affiliated with.
We were offered space in the mall and joining in with the church in the
mall. We can not do that since the Inter
Church Council sponsors us, if we go into their church it would become
sponsored by their church and not the Inter Church Council. The other thing we were asked by mall to have
space with nominal fee for rent and $375 for commons area fee and utilities of
approximately $5,000 a year minimum to operate at the mall. This sounded wonderful, more space, more
parking but how can we ask public to donate over $5,000 to operate and again
another $5,000 to provide food. I’m
hoping you will take all of this into consideration. We service 80-85 households per week. We average approximately 400 a month, not
every family comes every week. Most of
them are from the Edinboro area with weekly 53-59 from Edinboro, 17-23 from
McKean, and 2 from Franklin Township, this is mailing addresses not
municipalities and 101-102 families during holiday times. Inter Church Council has us plan for 120
families each week and keep three weeks ahead in inventory incase we are unable
to get food from Second Harvest Food Bank.
Freezers are stocked for the same purpose. Clients always able to get 9-11 food items
and 1 taxable item (toothpaste, kleenex, shampoo, soap, etc).
Maybe this will enlighten you on why we need added space. We can do without the clothing. We started to have clothing to begin with
when we had dealt with Thrifty Threads, which is run by the Social Concerns
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3 April
24, 2000
Committee
of Our Lady of the Lake, it got to a point where Thrifty Threads would no
longer supply our clients with the needs that they might have. One example, they gave back school bucks that
consisted of new underwear and new socks.
The clients were always notified first so they could get there that day
but they would no longer notify us and it would be for Thrifty Threads shoppers
only so that my clients were not available to get free socks and underwear for
their children to go back to school.
That is just one example and I could name others. We have been in operation since 1982 in the
Borough building in the same room B12.
You asked for breakdown of amounts in different municipalities and help
in defraying costs of being here. We are
prepared to offer a nominal amount to cover our costs to be here. George Finney stated that isn’t the
purpose. Council feels that funds you
receive should be used for food for your clients and other municipalities in
the General McLane School District benefiting from this service they should
help by contributing toward utilities, etc.
Charlotte Burchard
representative of Inter Church Council stated that they get a lot of donations
from people in the area and we are the ones who handle the money. We felt we
would take some of the money from these people in the community and much easier
then to ask from municipalities. George
Finney stated again that we didn’t want the money from individuals it is meant
for food and should be used for food.
Government of Washington Township not individuals. Why get a little bit from each municipalities
when we can afford to pay you for three rooms if that is what Ella needs, why
don’t you let us pay you, instead of her working out of a single room. If you can possibly give these rooms to us we
will gladly pay for them.
Rich Forcucci, 209 Skytop Drive, not
being aware of why Council has treated this group that way, I would like to
personally say that this is a terrible public relations snafu which has
backfired on the Council and Borough. I
don’t know if there is any dialog going on but I feel they can work out
concerns. I do believe that other
municipalities have not been paying their bills and I believe they should.
Don Hoffman, 310 Meadville Street, I
have very little details on this situation, but on the surface it looks as
though the Borough wants to expel the food bank from their property. Because the Borough has gone to great lengths
to find another location for the food bank.
Manager McFadden stated if a beginning point could be said to be when a
request to have another freezer located in the Borough building. This was in addition to utilizing the large
room (historically used by the Food Bank) and an additional room used for non
food items as well as freezers in it, realizing there is freezers and
refrigerators in the large room, and freezer in closet in commons room and
clothing which did not allow us to store tables and chairs in it while floor is
cleaned. In a result of good faith
effort of Borough staff, if it could find a better arrangements because for one
parking is a premium. We had been asked to stop parking in our lot by Borough
employees on Tuesday’s for Food Bank clients to utilize it. Of course we can not do that. At this phase an attempt to see if there
could be a better arrangement with a common place with better ingress and
egress, superior parking, and at least equivalent space if not more which
hopefully would be no cost to the Food Bank.
The
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staff
contacted the church at the mall where there were a couple rooms that were
secure or could be secured with no charge to the Food Bank. At the surface it looked like a way to
accommodate, which appeared to be a growth need on the part of the Food Bank,
in that context appeared to be outgrowing our abilities to accommodate at that
point. When staff found that that could
not work out because of internal reasons of Inter Church Council, I think a second good faith effort was taken
with the mall owners. A misunderstanding
arose with the inability of mall ownership to provide free space. The mall with other commitments could only
offer space at nominal rent for commons area which would cover snow removal,
etc. and the big number was for utilities of heating, air conditioning, and
electric service. Manager McFadden
stated in his communication orally and written he has always clearly stated
that the Council and Borough is committed to the Food Pantry. The question that arises is what is the core
or narrowest definition of the Food Bank is distribution of food and those
facilities dealing with food. We have
offered to brainstorm with them on the layout.
As soon as you introduce the 2nd activitiy which is
distributing other non food items the rules changed. These items can’t be commingled in the same
space and what could go into that second space.
The third activity, clothing, you need another space. Food bank, dry goods distributions, and
clothing utilizing original room, another room, and most of a closet in the
community room and need for more space for another freezer it was getting to a
point that it may not work and still allow other community activities continue
and maintain the facilities to standard.
Municipal building was designed and intended to meet a variety of
community needs and wants. There are several different ways to identify and
deal with concerns. Clothing dealt
differently and relocating that freezer into the other room are a couple possibilities.
Mrs. Pehls asked since you asked us to take the
freezer out are you asking AA and Historical Society to move out also from this
closet? Mr. McFadden stated that they
only have this area and they will continue to use this area. The Food Bank would have at this point in
time a large room and a smaller room and the Community room would be whole for
use by the Community. Mrs. Pehls stated
there is only one outlet in the Historical Society room and the taxable items,
hygiene items, freezer, refrigerator, and copier are in it. Jean Davis stated electrical outlets are
possible in the room. There has been
miscommunication and the borough building has been used for the community with
a Library and District Justice (that pays no rent), Autistic Class and many
community groups. Some groups have
discontinued use of our location because they claimed it was dirty. We have worked hard to bring maintenance
in-house and bring the building up to our standards.
Linda Hoffman, 310 Meadville Street. I don’t hear any taxpayers complaining about
using taxpayer's money to clean this building. We need this food bank. Have you ever needed cleaning articles,
clothes, etc? If there were no food bank
these people would be on the streets.
Your attitude about this using taxpayer's money to clean building and
pay utilities and Mrs. Burchard offered to pay for the space and you did not
want to listen. Mr. McFadden stated that
he is in favor of the Food Bank and everyone in this room is in favor.
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This
is the first time any offer had been made toward utilities. I didn’t say anything about this offer only a
Council member stated that he felt these funds should be used for food and
municipalities should contribute additional funds toward this. We never asked for funds diverted from your
donations.
David Fulford, Terrace
Drive, Minister of Episcopal Church.
Parties have not been talking together.
The only meeting was March 6th when Mr. McFadden and
representative of mall presented possibilities.
If movement of clothing, that may not need to be here, was needed it was
not effectively communicated. To resolve
this we need to talk instead of sending memo or staff looking for space. Maybe in the future we should meet and
discuss issues.
Jennifer Moore EUP student and social work club
member. (handout) Concerns schools,
clubs as well as clients effected if not allowed to donate clothing, personal
items, etc which they set out at food bank during operation. If we can not do this as community service it
will be difficult for us to do service.
Ron Ronake, citizen of the Borough 3 years, Township, and Borough. I feel proud to live in this Borough that my
tax dollars are going to help the needy, help the vulnerable with food which is
basic. I don’t know all the agenda’s
are, but think we should get together and I don’t know what the rooms are like
but I feel non-essential items are needed.
Jean Brand, Elm Street. First I would like to thank Ella Pehles for
doing a wonderful job in the Food Pantry.
Council and everyone here work together.
Is there any possibility that church at mall could take on the mission
of clothing if not enough room at the Borough building since they can’t have
the mission of the full food bank. It is
only fair those Townships and Municipalities give a little bit to help defray
the costs of utilities.
Mayor Allen stated we have good dialogue and
positive input on the subject. The
Borough of Edinboro is a good neighbor to everyone and it isn’t we aren’t going
to continue we just need to come to a reasonable solution and let us contact
municipalities to help with better numbers from Ella and a lasting
solution.
Caroline Rhodes motioned that Council encourages
a productive resolution of the issue space in the Borough Building allotted to
the Food Bank by:
1.
withdrawing
the may 1st deadline for them
2.
assuring the
Food Bank that we will continue to permit them currently to sue B-12 and B-11
and to keep the freezer in B-6 plugged in, either there or in a mutually acceptable
location.
And
further that the Streets Buildings & Grounds Committee meet to reconsider
the issues about building use raised in manger’s April 20th letter,
and make recommendations for Council action regarding any change in 1999
policies for building use. Robert Gray
seconded motion. Motion passed with 7-0
voice vote.
Rich Forcucci would like to
complement Council on there fast response to the afford mentioned
situation. Secondly he wanted to bring
near tragedy situations with pedestrians on N99 being no sidewalk to Giant
Eagle, Darrow Road no sidewalk on south side; and 15’
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sidewalk
missing on High Street with grass drop off. Mayor Allen requested Building
Streets and Grounds to look into the sidewalk matter.
Being
no other speakers from the public Mayor Allen moved on to Old Business.
Employee Safety Program Manual is tabled as Safety Committee is reviewing the manual.
CABLE TV COMMITTEE: Robert Gray, Chairman stated he had contacted Coaxial Cable Manager Westcott and HPO and found that a ruling that pay channel cannot be in a place people can walk off the street. If it were a paid Fire Department living area they would put it in but not if in a day area. It was also noted it was up to the discretion of Coaxial if they donated it as a charitable contribution. Mayor Allen requested Mr. Gray get a letter stating the local option and the rules and regulations to forward to Mr. Westcott for consideration. Mr. Gray also stated that Mr. Westcott informed him that the Borough would loose approximately $5,000 a year if no Franchise agreement with EUP cable company was obtained.
FINANCE COMMITTEE: Jean Davis stated there was no report but the Committee and Council would meet next Wednesday, May 3rd, at 6:30 p.m. to continue review the 1st quarter of 2000.
ORDINANCE REVIEW COMMITTEE: Chairman Caroline Rhodes stated that the Residential License Rental Ordinance Hearing took place prior to this meeting and she motioned to approve the first reading of the ordinance. Jean Davis seconded the motion and discussion followed. Jean Davis stated that from the public hearing it looks like everyone does not want signatures of students and she motioned to amend the ordinance to remove the tenant signatures and only have a list of tenants certified by the landlord. Motion to amend sections was seconded by Charles Brand and passed unanimously by role call vote: Robert Gray, yes; George Finney, yes; Jean Davis, yes; Caroline Rhodes, yes; Chuck Brand, yes; Paul Snyder, yes; and Mayor Allen, yes. Discussion followed on certified verification by landlord of number of tenants and who as well as procedure for Code Enforcement Officer to follow. Attorney Marsh agreed to comment on this ordinance at the next meeting. Manager McFadden stated the format in front of you is 1993 BOCA Code with 1993 local amendments to it and 2000 local amendments to it. You all must read it as a whole and follow section 2 which shows you the additions, insertions, and changes from 1993 as the ordinance would be challenged as a whole not in sections. Paul Snyder stated he preferred in section 903.2 the wording
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“within 5 miles of Borough line” instead of radius of phone exchange. Manager McFadden stated the fee would be voted on in resolution form after the ordinance is in place and could be adjusted as needed. That in section 905.2.3 it states by resolution
which could be graduated fee or flat fee as Attorney Purchase was asking for. Caroline Rhodes stated that the committee discussed a $25 year fee and $10 late fee and $10 re-inspection fee. Mayor Allen called for a role call vote of the Property Maintenance Code Ordinance with the addition of Chapter 9 on Residential License Rental: Paul Snyder, yes; Robert Gray, yes; George Finney, yes; Jean Davis, yes; Caroline Rhodes, yes; Charles Brand, yes; and Mayor Allen, yes. Motion passed by 7-0 role call vote.
PERSONNEL COMMITTEE: Charles Brand, Chairman stated no report.
RECREATION COMMITTEE: Charles Brand, Chairman stated no report.
PUBLIC SAFETY COMMITTEE: Chairman George Finney stated meeting is
scheduled for May 1st at 9:30 a.m..
STREETS, BUILDINGS & GROUNDS: Chairman Paul Snyder stated he would schedule a meeting upon receiving the written motion for the food bank made this meeting. The committee would also address the issues brought forth by Rich Forcucci on sidewalks. It was also noted that PennDOT only had two more weeks to do surveys while students were in town.
Letter to Solicitor Marsh dated April 18, 2000 on Act 537 Regional Task Force; Letter from Attorney Marsh dated April 12 on McBrier; Letter from Attorney Marsh dated April 14, 2000 on Borough of Edinboro and Edinboro municipal Authority v. Commonwealth of Pennsylvania Department of Environmental Protection Docket No. 2000-070-L; letter from Attorney marsh dated April 6, 2000 on Gravel pit; letter to Attorney Marsh dated April 19, 2000 on PADEP Official Notification; and a letter to Attorney marsh dated April 19, 2000 in response to April 12th letter was included in Council packets for Council’s review. Mayor moved on to the Manager’s Report.
Mayor Allen introduced the bills for
payment. Jean Davis moved approval of
the submitted bills totaling $50,720.03 dated April 25, 2000 and Charles Brand
seconded. Caroline Rhodes asked about
the Sunoco gas account. Finance committee
would review at their May 3rd meeting. The motion to approve the bills passed
unanimously by voice vote of 7-0.
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RULE BOROUGH OF EDINBORO COUNCIL MEETING
Page 8 April 24, 2000
Mayor Allen proceeded in acceptance of the
payroll as submitted for the period ending April 15, 2000 and paid April 21,
2000 totaling $40,512.13. Jean Davis
moved approval of the payroll and Charles Brand seconded. The motion approving the payroll, overtime
reports, and supplemental time sheets passed unanimously by voice vote 7-0.
Jean Davis motioned to accept the request to audit Years 2000, 2001, and 2002 at an estimated fee of $5,900 per year of Gorzynski, Felix, & Gloekler, P.C. Motion was seconded by Caroline Rhodes. Discussion followed and Paul Snyder motioned to table this motion in light of getting other quotes to compare and to discuss this at the Finance Committee Meeting prior to voting. Robert Gray seconded the motion to table the motion and it passed by 7-0 voice vote.
Sean Singer has been employed to replace Ed Reed who resigned as Wastewater Treatment Plant operator. Sean Singer will start May 1st.
Manager McFadden stated he would be discussing with Erie County the need for an emergency management plan in the near future.
Mayor Allen stated that the new rescue truck was delivered to the Fire Department last week.
Being no questions on the monthly police reports Mayor informed everyone that the bike patrol would resume May 1st. Jean Davis wanted to commend the police on 95% clearance rate.
Notice of Zoning Hearing May 3rd at 6:00 p.m. was available for Council to review. Application for Zoning Hearing Board Alternate vacancy was received for term to expire 2/10/2003 by Michelle Vitali. An interview by the Personnel Committee will be scheduled.
Letter to Edinboro Area Inter- Church Council was available for review by Council. Manager McFadden stated that storm sewer work with I & I was being coordinated with the street crew and wastewater management. The light at Billing Park has been relocated. Docks will be installed by May 1st and the tree survey is in progress. People are utilizing the compost at the WWCT Plant but a question about grass recycling
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BOROUGH OF EDINBORO COUNCIL MEETING
Page 9 April 24, 2000
has come up. The previous hauler did not pick up grass because grass with weed killer, etc is not recyclable and this collector will but with quantity restrictions which the Manager will get details on.
Manager McFadden informed Council that Solicitor Marsh had attended the last 537 Task Force meeting Friday and he would be sending an update shortly. Also the following correspondence was received or sent: The Chapter 94 Report had been completed; a letter to Washington Township on WWCT rates for service; a letter to Attorney Marsh on Building Permit Application No. 00-017 and PADEP; as well as a letter from Attorney Marsh to PennDOT on McClain application.
Community Development/Project
Coordination:
Manager McFadden asked Attorney Marsh if Rob Kennerknecht and himself should accompany him to the Friday 537 Meeting? Attorney Marsh stated because of the litigation only he attended the last meeting. The Task Force requested that Manager McFadden could attend and any Council members but they would have to only listen and let Attorney Marsh do the talking.
A letter from Washington Township had been received on the WWCT rates, which Jean Davis asked Council if they desired to reconsider the rates. Manager McFadden stated he would like to explain the billing to Council. If sewer is not metered (water meter) an estimated 400 gallons or 1EDU is estimated or 11,000 in 2 months for $76.86 or $461.16 per year. On this a $300 a year surcharge is put on by the Borough and the Township adds another $70 surcharge for a total of $831.12 per year. If the same location was metered (water meter) the minimum is $38.33 or $280 per year. The surcharge of $150 is added by the Borough and another $150 is added by the Township to bring the total to $580 per year. Manager McFadden stated that he felt if residents used a meter it would reduce this surcharge and if residents talked to Township to reduce their fee. Manager McFadden stated he would be meeting with WWCT Superintendent Rob Kennercknect and review with every township person if they were interested on the details of their bill. It was recommended that the newspaper be given these facts of metered and non-metered surcharge and additional surcharge by Township.
Report from Butch Shafer, Water Superintendent on EUP infrastructure progress was in the packets for Council review.
Council having no questions on the monthly report moved on to Communications.
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BOROUGH OF EDINBORO COUNCIL MEETING
Page 10 April 24, 2000
Greater Edinboro Area Roundtable minutes and Founder’s Day 2000 information was received.
Robert Gray asked why the Greater Edinboro Area Roundtable was asked to meet downstairs and no longer in the Council Chambers. Manager McFadden stated that we have been asked to do a variety of things this year such as better building maintenance at the same or less cost. We are asking everyone to cooperate. The Council Chambers is expensive to maintain and if we are working downstairs it is double work to do up stair floors also. We are maintaining the building well at a cost-effective manner, which we believe is what the Council has asked us to do.
With no other new business Mayor Allen informed everyone of the upcoming meetings: Downtown Revitalization meeting April 27th at 7:00 p.m.; Safety Committee meeting May 1st at 9:30 a.m./ 1st quarter 2000 review by Finance Committee May 3rd at 6:30 p.m. and the next Council meeting May 8, 2000 at 7:00 p.m.
George Finney motioned for adjournment, and unanimously approved by voice vote at 9:45 p.m. Council adjourned for a brief legal review in executive session on 537 Task Force matters.
ATTEST:
__________________________ _____________________________
Manager E.R. Buck McFadden Mayor Clifford E. Allen
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HIGHLIGHTS COUNCIL MEETING
April 24, 2000
APPROVED:
1. Minutes of April 10th
2. Payables
3. Payroll
4. 1st reading Section 9 Residential Regulated Rental Units of Property Maintenance Code Ordinance
5. Amendment to Ordinance- delete requirement for signatures of tenants on application
6. Table motion to accept Gorzynski, Felix & Gloekler to audit 2000, 2001, and 2002 until get quotes to compare and discussion at finance committee meeting May 3rd.
MEETINGS:
1. May 3 Finance Committee/Council of Whole to review 1st QTR 2000 financials & Sunoco charge card procedures; costs & cost comparison of in-house building maintenance to 1999’s; and discuss CPA contract.
2. April 27th 7:00 p.m. Downtown business owners and property owners on West Side. Meeting is to discuss options between sidewalks and building fronts.
3. Next Meeting May 8th 7:00 p.m.
4. Personnel Committee – meet to interview ZHB applicant May 1st 6:30 p.m.
5. Buildings, Streets, & Grounds – To meet to discuss Food Pantry & sidewalks
MANAGER INSTRUCTED TO DO:
1. Analysis of Sunoco card procedures & costs related to gas (Marie)
2. CPA – present recap of fees & comparison to other firms (Marie)
3. Comparison 1999 to 2000 building maintenance (Marie)
4. Marie to Contact Michelle Vitali to set up interview with Personnel Committee
5. Tour the new dock with Professor McConnell
6. Details on grass recycling by BFI- restrictions, etc.
7. Meet Sewer users from Washington Township being surcharged if they would like to discuss details (Rob & Buck)
8. Give newspaper write up on Sewer billing with surcharge of Borough & Township
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HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING
April 24, 2000
7:00 p.m.
I. Call to Order, Mayor Clifford Allen
II. Roll Call: Mayor Clifford Allen __, Chuck Brand __,
Jean Davis __, George Finney __, Robert Gray __,
Caroline Rhodes __, Paul Snyder ___,
Attorney Ritchie Marsh __, E.R. Buck McFadden (Borough Manager) __,
Marie Lander (Assistant to the Manager) __.
III. Approval of Minutes:
A. Regular Meeting April 10, 2000
ACTION: Motion to approve minutes
IV. Persons Requesting Time To Address Council
A. Attorney Eric Purchase for James Properties Inc. and Westminster Place Partnership reference to Ordinance for Rental Properties
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V. Old Business
A. Employee Safety Program Manual – Safety Committee reviewing
B. Ordinance to prohibit parking southbound on Erie Street (PA Route 99) from the intersection of Cooper Alley to the intersection of PA Route 6N – TABLED until PENNDOT study completed
VI. Committee Reports
A. Cable TV - Robert Gray, Chairman
B. Finance Committee - Jean Davis, Chairman
C. Ordinance Review Committee - Caroline Rhodes, Chairman
1. Residential License Rental Ordinance - DRAFT - Advertise Hearing April 24th 6:00 p.m.
First Reading April 24th
Second Reading May 8th
Final Reading May 22nd
D. Personnel Committee – Charles Brand, Chairman
E. Recreation - Chuck Brand, Chairman
F. Public Safety – George Finney, Chairman
Meeting scheduled May 1st at 9:30 a.m.
G. Street, Buildings, and Grounds – Paul Snyder, Chairman
VII Solicitor's Report:
A. Letter to Attorney Marsh dated April 18, 2000 – response to his letter of April 12, 2000 on Act 537 Regional Task - FYI
B. Letter from Attorney Marsh dated April 12, 2000 (McBrier) - FYI
C. Letter from Attorney Marsh dated April 14, 2000 re: Borough of Edinboro and Edinboro Municipal Authority v. Commonwealth of Pennsylvania DEP Docket No. 2000-070-L – FYI
D. Letter from Attorney Marsh dated April 6, 2000 RE: Gravel pit – FYI
E. Letter to Attorney Marsh dated April 19, 2000 – PADEP Official Notification – FYI
F. Letter to Attorney Marsh dated April 19, 2000 – Response to April 12th Letter - FYI
VIII Manager's Report:
A. Manager
B. Finance
1. Authorization to Approve Bills, to be paid April 25, 2000
Action: Motion to approve bills $ 50,567.49
2. Authorization to Approve Payroll
Action: Motion to approve payroll ending April 15, 2000 paid April 21, 2000 totaling $ 40,512.13
3. 1st Quarter 2000 Budget Review Workshops – April 17th; May 3rd
4. Gorzynski, Felix, & Gloekler, P.C. – Request to audit Years 2000, 2001 and 2002 at an estimated fee of $5,900 per year – ACTION: approval of agreement to audit.
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C. Personnel
1.Sean Singer
– Wastewater Treatment Plant operator – to start May 1st
D. Public Safety
1. Emergency Management – need emergency management plan
2. Emergency Medical Service (EMS) – No report
3. EVFD – no report
4. Police
a) Police Reports - report
b) Bike Patrols to resume May 1, 2000
c) Rolling Justice 2000 – FYI
5. Employee Safety Committee
E. BOCA/Code Enforcement
1. Report – FYI
F. Planning – See BOCA/Code Enforcement Report
G. Zoning – See BOCA/Code Enforcement Report
1. Public Notice of Zoning Hearing May 3rd at 6:00 p.m. - FYI
2. Application for Zoning Hearing Board Alternate vacancy – Michelle Vitali - ACTION: Appoint to fill Zoning Hearing Alternate vacancy to expire 2/10/2003
H. Public Works
1. Sanitation
2. Building & Property
a) Letter to Edinboro Area Inter-Church Council – FYI
3. Streets/Storm Sewers/Signals/Signs
a) Monthly Report – no report
b) Coordinating storm sewers work with I & I this year
4. Park & Recreations
a) Relocating light at Billings Park
b) Hermitage House Youth Services – Volunteer to pickup trash at Billings Park
5. Lake
a) Foundation Meeting ___________
b) Docks to be installed by May 1st
6. Shade Tree
a) Tree survey progressing on a timely basis
7. Dam
8. Recycling Leaves
a) People utilizing compost from WWCT Plant
I. Wastewater Collection & Treatment
1. Regional Act 537 Task Force – on hold
2. Long term issues – Sub Committee Meeting
a) Interim term issues – Gravel site – on hold
b) Immediate term issues – proposal by Washington Township -
Tabled
3. Letter from Washington Township on WWCT rates, in response to Manager McFadden’s letter of April 3rd , for service dated April 12, 2000 – FYI
4. Letter to David Anthony re: topics for discussion April 18, 2000 - FYI
J. Water System
1. Washington Township related issues
a) Borough/Authorities and Township/Authorities Master Agreement – tabled
2. Report - FYI
K. Community Development/Project Coordination
1. Monthly Report - FYI
IX. Communications
A. Greater Edinboro Area Roundtable – FYI
B. Founders’ Day 2000 - FYI
X. New Business
XI. Special Reports
XII. Adjournment
REMINDER:
Downtown
Revitalization Meeting April 27th 7:00 p.m.
Safety
Committee – May 1st 9:30 a.m.
Audit
& 1st Quarter 2000 review – May 3rd 6:30 p.m.
NEXT Council Meeting – May 8, 2000 7:00 p.m.
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