HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
May 12, 2008
Call to Order:
The following Council members were present: Michael Amidon, H. Robert Cannell, Greg Lucas, Clifford “Kip” Allen, and Mary Ann Horne. Member absent were Dennis Travis and Jean Davis. Also in attendance was T. Jemetz, Manager; Solicitor Ritchie Marsh; and Marie Lander, Assistant to the Manager. Guest George Shimpeno and Meghan Moeslein of the Edinboro News were also present.
Mayor Horne introduced the minutes from the CDBG hearing and regular Council meeting held April 28, 2008. Greg Lucas moved for approval of the minutes. Michael Amidon seconded, and the minutes were approved by a voice vote of 4-0-1 with Mr. Cannell abstaining because he was absent last meeting.
Being no one requesting to speak, the Mayor moved on to old business.
Committee Reports:
Finance Committee: Mayor Horne reported in Jean Davis’s absence that she met with Marie today to review the bills and saw no problems. She asked for a motion to approve the bills as presented. Michael Amidon moved approval for the bills to be paid May 12, 2008 totaling $60,515.38 and Greg Lucas seconded. The motion passed by 5-0 voice vote.
Michael Amidon moved approval of the payroll ending May 3 that was paid May 9, 2008 totaling $51,728.28. The motion was seconded by Greg Lucas and passed by 5-0 voice vote.
Ordinance Review: Clifford Allen moved adoption of Ordinance 561 in its final reading. Ordinance 561 amends Chapter 27 of the Code of the Borough of Edinboro and specifically amending Part 2 “Definitions” and Part 4 “Supplementary Regulations” as follows:
HOME RULE BOROUGH OF EDINBORO
Ordinance No. 561
AN ORDINANCE AMENDING Chapter 27 OF THE CODE OF THE BOROUGH OF EDINBORO, AND SPECIFICALLY AMENDING Part 2 “Definitions” and Part 4 “Supplementary Regulations”.
The Home Rule Borough of Edinboro hereby ordains and enacts as follows:
SECTION 1. Ordinance 545 of the Code of the Borough of Edinboro, §27-202 definitions is hereby amended by adding the following two definitions:
REGULATED RENTAL UNIT: A dwelling unit, with separate and exclusive cooking and sanitary facilities, used as a rental property, accessible from the outside or a common hallway.
GRANDFATHER CLAUSE: A provision in a new law or regulation or ordinance exempting those already in or a part of the existing system which is being regulated. An exemption to a restriction, rule of law or ordinance that allows all those already dong something to continue doing it, even if they would be stopped by the new restrictions, laws or ordinances.
SECTION 2. Ordinance 545 of the Code of the Borough of Edinboro, §27-306 Permitted Uses, Conditional Uses and Special Exceptions is hereby amended to add the following to Table 306.10 Zoning Districts:
A. Under R-1 single-Family Residential District and R-1A Single-Family Residential District add Regulated Rental Units (416) under Permitted Uses.
B. Under R-2 Single-Family and Limited Multi-Family Residential District add Regulated Rental Units (416) under Permitted Uses.
C. Under R-3 Lakeside Residential District add Regulated Rental Units (416) under Permitted Uses.
SECTION 3. Ordinance 545 of the Code of the Borough of Edinboro, §27-401 “Nonconforming Uses and Structures.” is hereby changed as follows:
A. Delete Section D. “The nonconforming use of a structure or building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this Chapter. A nonconforming building or structure may, with the approval of the Board, be extended, enlarged or replaced if such expansion does not occupy an area greater than 50% more than the structure occupied prior to such expansion, enlargement or reconstruction. Furthermore, such activities must meet the minimum yard regulations and height restrictions of the district in which the structure is located, and must meet all off-street parking and loading requirements of this Chapter.”
B. Replace D. with the following: “D. The nonconforming use of a structure or building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this Chapter. A nonconforming building or structure may be enlarged or replaced if such expansion does not occupy an area greater than fifty (50) percent more than the structure occupied prior to such expansion, enlargement or reconstruction. Furthermore, such activities must meet all regulations, including but not limited to, the minimum yard regulations and height restrictions of the district in which the structure is located, and must meet all other off-street parking and loading requirements of this Chapter.
SECTION 4. Ordinance 545 of the Code of the Borough of Edinboro, §27-416 “Regulated Rental Units:” is hereby added as follows:
A. No Single-Family Home that contains a Regulated Rental Unit shall be located on a lot any portion of which is closer to another lot used to house a Regulated Rental Unit than a distance determined by multiplying five (5) times the minimum lot width required for a single-family dwelling in the district in which the Regulated Rental Unit is located.
B. No more than one dwelling unit in a two-family dwelling may be used as a regulated rental unit.
C. No more than one structure on a lot may contain a regulated rental unit.
D. For purposes of this Section, the distance requirements as provided for in Section 4 (A) shall be measured form the closest portion of the existing residential regulated unit lot to the closest portion of the proposed regulated rental unit lot.
SECTION 5. It is the intent and purpose of this Ordinance that the remaining terms, provisions and sections of Ordinance 545 of 2007 and Chapter 27 are hereby ratified and reenacted.
DULY ORDAINED AND ENACTED this 12th day of May, 2008, by Council of
The Home Rule Borough of Edinboro, Erie County, Pennsylvania, in lawful session duly assembled.
ENACTED THIS 12th DAY OF May, 2008.
Mr. Allen’s motion was seconded by Greg Lucas and passed by 5-0 roll call vote: Michael Amidon, yes; Jean Davis, absent; Dennis Travis, absent; Robert Cannell, yes; Gregory Lucas, yes; Clifford Allen, yes; and Mary Ann Horne, yes.
Streets, Buildings & Grounds: Greg Lucas asked the status of trash cans on Main Street. Manager Jemetz stated they would be out for the Downtown Music & Art event. The storm last night damaged ¼ of the docks and the public works was working on securing them.
Solicitor Marsh stated he was working on several items since the last meeting including ordinance on parades, water tank agreement, road closing policy, ordinance 561, and presently the life guard agreement which a letter if forthcoming on his recommendations. Manager Jemetz informed Council that they had already approved the agreement for Life Guards but the new insurance carrier for the American Legion felt they needed a counter protection in the agreement and he had sent it to Solicitor Marsh for review.
Manager: Manager Jemetz report was on the Council’s packet for review and comments. Manager Jemetz reviewed his report in detail with Council including but not limited to: 1) Sewer Plant expansion project pre conference meeting is May 15th) Ground breaking ceremony and check presentation to Washington Township is scheduled for May 22nd at 1p.m.; EUP agreement being reviewed; Water tower maintenance agreement signed with all of the Solicitors amendments added which may mean if they can not get the permits in time some items will happen next year; starting interviews for Zoning Administrator position; new probationary police officer started today Landon Silva; Highland Games- Kilted Mile Run Road Closing is recommended for approval; 6N to Ash to close during Lakeside Drive Access Trail Project would be completed by July 4th, Attended Emergency training May 3; reclamation opened and request award to Cutting Edge Reclamations; Paving to be rebid because of question on prevailing wage; May 20th 6N corridor meeting at 7 p.m. at the General McLane High School; and attended Knox Law Firm seminar with Robert Cannell.
Manager Jemetz presented the bids opened May 9, 2008 at 1:30 p.m. regarding the Reclamation project:
Name Option 1 Option 2 Option 3 Option 4
Cutting Edge Reclamation $ 0 $55,853.36 $0 $14,454.00
E.J. Breneman 84297.84 71,111.20 26,002.60 23,038.80
Greg Lucas moved and Michael Amidon seconded to award the bid to the lowest responsible bidder Cutting Edge Reclamation for Option 2 and Option 4 totaling $70,307.36. With no objections the motion passed by unanimous voice vote 5-0.
Police: Mayor Horne presented the March Monthly Reports from the Police Department. Councilman Cannell reported on his review of Police Reports for 3 months and for 3 years. After discussion Mayor Horne moved on to Community Liaison reports.
Community Liaisons:
Environmental Shade Tree Advisory Committee: Mayor Horne stated that they had a need for new members. A Landscaper as well as some from the Goodell Gardens were willing to help the Borough committee and attended the May meeting. The opening on the committee will be advertised.
EVFD: Michael Amidon had no report.
Washington Township Liaison: Greg Lucas did not attend the meeting so he had nothing to report.
Authority: Manager Jemetz reported in the absence of Jean Davis. The Water Authority hired a part time seasonal worker for the Water Department this summer and approved the water tank project agreement. The Municipal Authority discussed the preconstruction conference; groundbreaking; hiring of part time seasonal worker; and status on the Scotts Glen sewer line.
Other Old Business: Ground breaking Ceremony at the Sewer Plant Expansion and check presentation to the Township will be held May 22nd at 1 p.m. and all are invited to attend. Mayor Horne stated she would be present.
Communications:
Fort LeBoeuf School District send a letter dated May 5, 2009 thanking the Borough for keeping road ways open this winter.
Erie County Local Emergency Planning Committee is coordinating an emergency response exercise for the Edinboro community on Thursday, June 5th from 5:30 p.m. to 8:30 p.m. – Council invited to participate.
New Business:
Life Guard agreement requested additions sent to the solicitor for review and comments.
Kilted Mile Road Closing has met all the requirements for the permit. Clifford Allen moved acceptance of the road closing and Greg Lucas seconded the motion passed by 5-0 voice vote.
6N Corridor Land Use and Transportation Study meeting is May 20th at 7pm at the General McLane High School.
Robert Cannell stated that the Kiwanis Foundation had 4 benches and 16 pavers purchased recently. The pavers are requested for Lakeside Playground and the present area.
Manager Jemetz thanked him for his help the benches will go on Lakeside. Several of the benches have been repaired because of dry rot and the Borough appreciates your efforts to get benches that will last. Regarding the pavers Manager Jemetz recommended filling the present area first before putting any on Lakeside since there is no area set up there. We can pull and replace in the present area but at the Lakeside playground we would have to go through the expense of making an area.
Mayor Horne asked Mr. Cannell to thank the Kiwanis for the Council for their work on this project.
Clifford Allen moved for adjournment, and the meeting was adjourned at 7:10 P.M.
ATTEST:
_______________________________ _________________________________
Borough Manager Taras Jemetz Mayor Mary Ann Horne
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
May 12, 2008
· Payment of bills
· Minutes
· Payroll
· Ordinance 561 – Final reading
· Cutting Edge Reclamation $ 70,307.36 awarded Reclamation bid.
· Kilted Mile Road Closing
POSTPONED
UPCOMING MEETINGS:
June 9th 6:30 p.m. next meeting
May 22 1:00 ground breaking sewer plant expansion
May 20th 7 p.m. 6N Corridor Land Use & Transportation Study meeting GMHS
May 16th Downtown Music & Arts
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING AGENDA
May 12, 2008
6:30 p.m. Regular Meeting
I. Call to Order of the Regular Council Meeting by Mayor
II. Roll Call: Clifford “Kip” Allen ____, Michael Amidon _____, H. Robert Cannell __, Jean Davis ____, Greg Lucas __, Dennis Travis ____, Mary Ann Horne __ Manager Taras Jemetz _____, Solicitor Marsh _____; and Marie Lander, Assistant to the Manager _____.
III. Approval of Minutes
· Regularly Scheduled Meeting of April 28, 2008
Action: Motion to approve minutes
IV. Public Participation –
1. Finance Committee/Pension Committee/ Negotiation Committee – Jean Davis Chair - Met May 12, 2008 4:00 p.m.
a. Authorization to approve bills to be paid May 12, 2008 $_60,515.38_____
Action: Motion to approve bills totaling $ 60,515.38
b. Authorization to approve payroll ending May 3 paid May 9, 2008 totaling $51,728.28
2. Ordinance Review Committee –Chair Kip Allen
a) Groundwater Ordinance – Waiting on ordinance format from Solicitor drafted by Teledyne legal.
b) Ordinance 561 - Changes Zoning Ordinance – Final Reading 5/12/2008
3. Personnel Committee –Chair Robert Cannell
4. Public Safety –Chair Mary Ann Horne
5. Recreation/Lake/Environment –Chair Dennis Travis
6. Street, Buildings, and Grounds- Chair Greg Lucas
7. Committee of the Whole
B. Solicitor's Report:
1. Resolution 9-2008 Amendment Policy and Regulations Regarding Inspection Public Records – reviewing
C. Management's Report:
1. Manager Jemetz’s Report
A.
B.
2. Finance:
A. Bid for asphalt to be readvertised
B. Bid opening 5/9/08 for Reclamation (Terrace Drive and Hillcrest) : Management recommends lowest bidder option 2 and option 4 Cutting Edge Reclamation: Award Bid
C. CDBG Lakeside Access Trail Project
1) Preconstruction meeting Monday May 12th
3. Personnel
Advertisement Borough Zoning & Code Enforcement Officer
Notice of part time jobs available – taking applications.
Opening on Environmental Shade Tree Advisory Committee
4 Emergency Management
5. EVFD
6. Police-– March Monthly Report
7. Employee Safety Committee
8. Code Enforcement/Planning/Zoning
9. Public Works
10. Wastewater Collection & Treatment
11. Water System
D. Community Liaisons
1. EUP Liaison – Mary Ann Horne
2. Environmental Shade Tree Advisory Committee – Mary Ann Horne
3. Erie County Planning Liaison – Kip Allen or Manager Jemetz
4. EVFD Board Liaison – Michael Amidon
5. PLCM – Kip Allen & Manager Jemetz
6. Washington Township Liaison - Greg Lucas alt Jean Davis
7. Authority –Jean Davis alt Greg Lucas
8. Watershed Association - Mary Ann Horne
E. OTHER OLD BUSINESS:
1. Fort LeBoeuf School District – May 5, 2008 letter - FYI
2. Erie County Local Emergency Planning Committee (LEPC) – emergency response exercise June 5th - FYI
3. Edinboro Area Historical Society - FYI
VII. New Business
A. Life Guard Agreement with American Legion-ACTION
B. Kilted Mile Road Closing – Approval
C. 6N Corridor Land Use and Transportation Study meeting May 20th 7 p.m. at GMHS
VIII. Adjournment
2008 EDINBORO BOROUGH COUNCIL 7 p.m.
May 12 (6:30 p.m.), May 19 (if needed), June 9 (6:30 p.m.), June 23 (if needed), July 14 (6:30 p.m.), July 28 (if needed), August 11 (6:30 p.m.), August 25 (if needed), Sept 8, Sept 22, Oct 13, Oct 27, Nov 10, Nov 24, December 8th, and (if needed Dec 22nd., 4:30 p.m.)
©Copyright JUNE 2008