HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
June 9, 2008
Call to Order:
The following Council members were present: Michael Amidon, H. Robert Cannell, Greg Lucas, Clifford “Kip” Allen, and Jean Davis. Member absent were Dennis Travis and Mary Ann Horne. Also in attendance was T. Jemetz, Manager; Solicitor Ritchie Marsh; Dave Zamierowski, Code Enforcement Office; and Marie Lander, Assistant to the Manager. Guests Larry Cole, Shanne Leach, Dr. Reinig, Rick Eberck, Priscilla Jewell, Jody Marzka, Jodi & Bob Stuart, James McDonald, Wendy Carter, Ray Smaltz, Rich Kelly David Greger, Joseph Gregor, Eldon & Janet Estes, Daun & Bill Beisel, Todd Jay, Bud Endeau, Peggy Schruers, Annette Smith, Terrie Swaven, Bob Porterfield, John Ponsoll, Diane Lewis, Ed Lewis, M. Smith, Roxie Cole, Mel Daughenbaugh, Done Wassong, Mike Giro, Wes Hakanen, James Baker, Mary & Vick Hanko, Nancy Crawford, M. Pallone, M. Campbell, Will Smith, Margie Jucci, Susan Ifegel, J. Wood, Kevin Cook, Joyce Symanski, Adam Sullivan, Tom Torti, Kim Grove, Richard Kelly, Bill Vicell, Jodi Richards, Bill Weber, Officer Winkler, Officer Silva, Officer Senz, Tona Peffer, Bill Weber, George Shimpeno and Meghan Moeslein of the Edinboro News were also present.
Deputy Mayor Davis introduced the minutes from the regular Council meeting held May 12, 2008. Clifford Allen moved for approval of the minutes. H. Robert Cannell seconded, and the minutes were approved by a voice vote of 5-0.
Larry Cole, 803 Lakeside Drive. Deputy Mayor Davis noted that Council was in receipt of Larry Cole’s letter of June 6, 2008 and that they were considering his comments and looking into it as well as having a court date of July 1st on the matter. Larry Cole stated he had no comments.
George Shimpeno, 215 Beech Street. Deputy Mayor Davis also stated they had his letters of May 17th and the Manager’s response of May 23rd. Mr. Shimpeno stated that the Borough streets are not in good shape and he wanted answers. He had pictures to show the Council, since he walks daily and the street has been with the hole for 5 weeks. The letter of the Manager had no clear cut answer and he needed a time table. Deputy Mayor Davis noted that we have a decrement list of streets of worst to better but not a time table.
Manager Jemetz stated that they plan to work on it. We have several with failed sub bases and need to do full depth reclamations to fix, after utilities and storm sewers are corrected. Cherry Street is being repaired this year to get ready for paving next year. Price of asphalt with prevailing wages, fuel costs rising, and not knowing what we will find under the roads. The Council has allotted an extra $100,000 for 2007 and 2008 along with liquid fuels to address this problem. It maybe in 2009 we will look at the infrastructure of Beech Street and pave in 2010 but we can not give any definite dates. We patch in bulk and not just one site so when the crew is patching they will be on Beech.
Mr. Shimpeno asked if there were any emergency funds that the water department could use to fix this road.
Deputy Mayor Davis stated it may look bad but a cosmetic coat is not what it needs. The water problem, utilities, coax, and storm sewers all must be addressed as well as cost of asphalt with oil price per gallon. We had talked about a bond issue to do the roads but it isn’t just the funding but the condition and time line is depending on all the other streets before it and the costs.
Manager Jemetz also reminded everyone we only have a 4 man public works crew and presently they are up on Terrace Drive and Hillcrest Drive getting them ready for full depth reclamation and repaving. As a Civil Engineer I don’t want the Borough to throw money away by resurfacing, without fixing the understructure first.
Mr. Shimpeno asked when the Lakeside area streets were last paved.
Manager Jemetz stated the year before last the 6N to the boat ramp was paved. Next summer CDBG funds will be used for the Elm Street Project of storm sewers and Cherry Street is already started on for next year paving.
Michael Amidon stated that you don’t want to pave on pavement we need to tear it all up and reclaim it. They are putting in drainage. He also noted it isn’t just Beech Street that needs work but we can not throw good money at bad.
Mr. Shimpeno asked when the 6N to Lakeside access trail and one way would occur.
Manager Jemetz stated letters were going out that the contractor was almost finished and on Monday June 16th at 6 a.m. Lakeside Drive from 6N would become one-way Northbound.
Deputy Mayor Davis opened up the public participation to those wishing to comment on the Ordinance 561 passed last meeting. We will listen to what you have to say and then meet to review your comments. She corrected the advertisement was in the Edinboro News and not in the Meadville Paper as the flier around town stated. The Edinboro News had several articles in the newspaper regarding this issue before it was voted on as well as the required advertisement.
Ray Smaltz, 315 Elm Street with his fiancée Windy Carter. We bought the house 13 years ago and for the last 8 years instead of renting it we lived in it and renovated it. We have been trying to sell and are interested in putting it back into a rental property but found out about this new ordinance that we could not rent it. When we stopped to see zoning administrator he never told us this was coming or we couldn’t go back to renting it. You advertised in Edinboro News but read the Erie Times and I could only find two people who know about it.
Joyce Szymanski, Caldwell Banker Manager. Council Borough does a good job to protect private property rights. They don’t know how this can affect the Borough. What happens if they do not sell their property? Can they rent to families not students but they also can be bad renters. The PA Municipal Planning Code requires you to advertise in the Erie Times. Manager Jemetz stated that we are only required to advertise in paper of general circulation. Solicitor Marsh will look into the PA Municipal Planning Code. Also Manager Jemetz sent me an e-mail the day after it was adopted, why not legal notification before. Manager Jemetz stated it was only a courtesy notice and was not required. Ms Szymanski stated that if someone lets their rental permit run out and didn’t know about this ordinance it is possible they could not get a new permit. Maybe you should have had it in effect 30-60 days instead of immediately. Deputy Mayor Jean Davis reminded everyone if you are renting and sell the property the property is grandfathered in until the renewal expires and does not get renewed.
Kevin Cook, 121 High Street. Mr. Cook stated he had the same position he is presently moving. He also felt the Borough should of notified everyone of this change. My wife and I have worked for EUP in the mental health specialist and bough this for a fixer up and have put a lot into it. It is now clean since we gutted and rebuilt the interior. In December we decided to move and the realtor did not tell us about this. Friday was our last day on the job in this state and the house is not sold and we plan to rent it out. We are not able to get a rental license and need to pay house payments on two homes. He claimed he was firing his realtor for not informing him of this ordinance before it was adopted.
Adam Sullivan, 104 Baniff; Student. He mentioned that the website was not up to date with minutes. Comments in the newspaper are anti student, your town would be nothing without students. I’m from Pittsburgh, but I pay taxes to you as a resident and I support the Fire Department. Council needs to talk to students about living here free and paying taxes also.
Deputy Mayor Davis explained that funds from wages go back to home municipalities and the LST was changed by legislators to increase the minimum to $12,000 so many students pay nothing. In 2000 there was 36% homes owned by families and 63% rental properties when the average in the county is 70% families.
Manager Jemetz stated this is a huge problem when many apartments and buildings demand more services including code enforcement, fire, and police. This is called a displaced tax base and services are expensive. We are trying to protect the tax base with this ordinance. State College uses this to preserve their tax base and it has been proven in the courts.
Tom Torti, Caldwell Banker. Your Manager is well trained to stay with his point of view only and without a college you would not be here. The students go to the stores and buy such as at Wegmans. You want more taxes so you want the Township to disappear and you have a bigger tax base, but this will never happen, since the Township is a nice community. Mr. Torti went on to say that renting to two wage earners who would pay the real estate tax and the wage tax not any different in college town which is not inexpensive.
John Ponsoll, 108 Beau Drive. Mr. Ponsoll felt it was the landlord’s fault if properties had junk in the yards and porches. When Mr. Zamierowski calls me he never needs to call me twice regarding my rental property. Property rented to families is hard.
Jean Davis stated you can have 3 unrelated persons in a household but some have six people per neighbors but we have trouble proving it.
Mr. Ponsoll stated that the landlords should know and tell the Borough. The landlords should also take care of the appearance of the property.
Mr. Pallone, 122 Cherry Street. Asked why the Council passed the Ordinance. Jean Davis stated that they were fearful property own home decline and they were seeing one by one units changing into rental units. He felt this was not any of the Council’s business. Manager Jemetz stated that for the health, safety and welfare of residents. He mentioned he talked with Ray Scalli of Duequene University and the Borough can not tell us what to do with our property.
Ron Reinig; 112 Maple Drive. He was in favor of the ordinance. He had $100,000 into his home and $50,000 more to have his heirs sell when he is gone. We wanted integrity of the town that it was important to residents. I have lived in the Borough 34 years and worked for the school 39 years.
Richard Kelly, 238 Walnut Street. I have a problem, by having renter helps with payments. If not allowed to rent and take in boarders there will be a problem. Dave Zamierowski, Code Enforcement Officer has told me that I can not create a rental property. Mr. Kelly stated he owned the home and Council doesn’t own it. Dave Zamierowski stated we are still issuing permits and you can apply.
Kim Grove 12352 Culbertson, Pittsburgh. Owner of 227 Maple and 210 Hickory. She heard about the Ordinance through someone from church. It is not on the website. You are painting landlords and students with one brush. There is a pig sty behind me. My renters have regulations on the refrigerator regarding noise, garbage, and grass cutting. Ms Grove stated she took offense and resented the brush of all students and landlords that are non traditional families. You raised taxes and rental license is unacceptable.
James McDonald, 433 Darrow Apartments. Mr. McDonald asked Council to rethink their stance. Jean Davis stated we will take this ordinance back to Ordinance Review Committee to consider what everyone has said and see what we can do. Many people have called and thanked the Borough for protecting their property. We are not against students but in 2000 census we have only 36% families while 64% housing rentals, which is well below the average. Mr. McDonald stated he would try and make a list or petition on who is not happy with this ordinance.
Kim Grove, 12352 Culbertson, Pittsburgh. Asked if a rental property was sold would the rental still be allowed. She was reassured that as long as the rental license was kept current it would transfer to the new owner.
John Ponsol also noted that if properties became vacant it would be another problem for the municipality.
Bill VIcell, 308 Erie Street. Stated he has lived here 40 years and sympathized and understood students. He would review and see if he could help.
Mary Hanko, 302 Erie Street. She wanted to know if any Councilman voted exception and why they didn’t put it in the water bills that they were considering the ordinance. She felt the Council was using a newspaper that was not being used by residents. Young person afraid to go out with students in neighborhood then the information should be given to the Police department they are to uphold the laws and help all of us. She thought Council needed to communicate better.
Priscilla Jewell, 322 Meadville Street. I have lived here 20 years and never get a good night sleep. I called the police and nothing was done. Students retaliated and put nails in my driveway so I don’t call any more.
Mary Hanko, 302 Erie Street. Let’s look at the ordinance and show them the road out of Edinboro and let get police help. Landlords should help or leave.
Is it true that police can not stop parities unless someone calls in? Officer Senz stated that disorderly conduct does not hold up in court without someone calling into the police.
Jody Marzka, 100 Davis Drive.
John Ponsol. Doesn’t grocery store, gas stations, and places like McDonald’s help the Borough by paying taxes. He was informed that they only pay real estate taxes and it doesn’t matter if they have one customer or one thousand customers we only get the property tax. The Borough doesn’t get any other tax or fees from these businesses. Mr. Ponsol stated he really thought the Borough got more.
Unidentified person stated that business are thriving, hiring, and paying income tax. Jean Davis explained that the LST changed and employees only pay if they make more than $12,000 pay $1 week to work in the Borough. The earned income tax goes to their home community or permanent address elsewhere for most students and employees.
Bill Weber, 325 Shelhamer Circle. He felt that if you have rental or live in the town you are showing up after the fact. These Councilman are elected and doing it for free. They read the ordinance three times and not one of you showed up. Realtors should be reading minutes and showing up. We elect these members and they know the process and we should know the process and not be attaching them.
Jean Davis stated she appreciated his input and the Ordinance Review Committee will relook at the ordinance. She stated that she wished that more attended other than the newspaper report who comes regularly and reports on our meeting regularly in the Edinboro News. July 14th is our next meeting.
Deputy Mayor Davis asked if there were any other issues to be addressed:
Bill Weber, 325 Shelhamer Circle. Residence on 202 Meadville Street has hole in porch and moss growing which is embarrassing. Stop sign on Hillcrest and Shelhamer Drive is needed. Deputy Mayor Davis referred it to the Building, Streets, & Grounds Committee for consideration.
Someone mentioned the HB2035 which would give 3million to municipals burdened if passed. Manager Jemetz stated a couple of legislations are being considered but may not pass. One example is the Johnston Flood funds they are considering distributing to municipalities with tax exempt properties. Manager Jemetz asked if Councilman Allen had any comments since he was on the PLCM legislative committee.
Clifford Allen stated it was in the House Appropriations and may not come out. We are not different than other municipalities. In 1995 Mayor’s Council of Government tried to get funding but never passed legislators. In 2005 Edinboro and five state school municipalities had a study done by PA Economy League to show the effect of universities on municipalities. It costs us each $12,000 to take the information showing our problem that we are overburdened. It costs to do business as a government and other businesses raise prices so we have to raise taxes. The study showed we were not over burdened but under funded, not sure what that means. The Borough recently has lowered our 2% earned income tax to 1.5% since the EMST $52 had sent us help in funding, but state legislators rewrote the legislation to be a LST tax which has minimum $12,000 income to pay $1 week giving us a big hole this year in income. Other municipalities looking to renters and making legislation such as you can’t park a car on the street unless you pay taxes in the municipality. If you go to school you don’t have a wage but if you do the earned income tax goes to your home municipality. We need to help other students to understand this as well as integrity in housing. We have written in support of 2035 and other legislations. HB2018 introduced by Bob Freeman. Our tax exempt property is 45% while only 55% must pay the expenses. EUP is 37% land mass is a big part of the tax exempt, which we are proud to host in our municipality but we need money to pay the bills. The 1937 Johnston Flood funding has over $240 million left and legislators trying to write a bill to allow those municipalities with 17% tax exempt or grater get funds from this fund. This is tied up in Appropriations at this time.
Being no further requests to speak, the Deputy Mayor moved on to old business.
Committee Reports:
Finance Committee: Jean Davis that they met with Marie today to review the bills and saw no problems. She asked for a motion to approve the bills as presented. Greg Lucas moved approval for the bills to be paid May 26, 2008 totaling $28,717.24 and June 9th for $204,176.17 for a total of $232,893.41 and Robert Cannell seconded. The motion passed by 5-0 voice vote.
Robert Cannell moved approval of the payroll ending May 17 that was paid May 23, 2008 totaling $51,666.33 and payroll ending May 31st paid June 6, 2008 totaling $57,859.84. The motion was seconded by Greg Lucas and passed by 5-0 voice vote.
Ordinance Review: Deputy Mayor Davis noted that the Ordinance Review Committee needed to meet to review Ordinance 561 which comments were received tonight on as well as a proposed ordinance regarding EVFD fees because of lost funding. Clifford Allen set the meeting for June 20th if all members of the Committee could attend. They would check their calendars after the meeting.
Solicitor Marsh stated he had nothing to report.
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: Sewer Plant expansion project pre conference meeting is May 15th, Ground breaking ceremony May 22, Town Gown meeting June 12th, 457 Plan discussed last meeting maybe moved back to ICMA from Vanguard, emergency management drill, 6N meeting June 23rd, GIS Consultant was in to help Melinda and we should see substantial improvements, PLCM Grants received, 6N repairs of manholes by sewer department, Lakeside Drive to become one way at 6 a.m. on June 16th, and weed spraying was June 3rd.
Also draft letter to John Groh of offer of employment was in the packets. Manager Jemetz asked for the Council’s blessing on the new hire for the Code Enforcement Officer who was retiring at the end of the month. After much discussion Michael Amidon moved and Robert Cannell seconded to hire John Groh. The motion passed by 3-1-1 vote with Clifford Allen voting no and Greg Lucas abstaining because of possible conflict of interest since he is a building contractor. A fair well luncheon will be held at Uncle Charles on June 24th for Dave Zamierowski who is retiring.
Soccer Camp road closing permit is completed and management recommends approval. Robert Cannell moved approval of closing Perry Lane for soccer camps and Clifford Allen seconded. Greg Lucas asked if someone would be at the barricade and it was confirmed. The motion passed by 5-0 voice vote.
Manager Jemetz ask if Council would approve the Borough sponsoring July 4th children’s’ events on Lakeside through the Park and Recreation Department with Nancy Crawford as volunteer organizer and parents and children signing waivers. Michael Amidon moved to have the Borough sponsor the event as documented by Manager Jemetz and Robert Cannell seconded the motion passed by 5-0 voice vote.
Manager Jemetz presented the bids opened June 6, 2008 at 1:00 p.m. regarding the Asphalt Project (Terrace Drive, Hillcrest Drive, and the Municipal Building parking lot:
Name Option 1 Option 2 Option 3 Option 4
Vincent Cross Paving $ 54,458.25 15,038.55 11,551.75 3,196.60
Russell Standard 59,611.86 16,406.82 13,760.67 3,760.68
Michael Amidon moved and Greg Lucas seconded to award the bid to the lowest responsible bidder Vincent Cross Paving totaling $84,245.15. With no objections the motion passed by unanimous voice vote 5-0.
Michael Amidon moved and Greg Lucas seconded to approve payment 1 on the CDBG Contract 1-08 to Guzik Concrete & Masonry for $41,049.00 for Lakeside Access trail Project. Clifford Allen noted that this was grant funds and it was making it safer on Lakeside, with no objections the motion passed by 5-0.
Police: Deputy Mayor Davis presented the Police Monthly Reports. Councilman Cannell reported on his review of Police Reports for 4 months showed a decline over last years 4 months in traffic while one month April 2008 was greatly higher than April of 2007.
Code Enforcement/Planning/Zoning: Report was available for review.
Community Liaisons:
Authority: Jean Davis reported that the Authorities met tonight. The Water Authority discussed a ground source heat pump systems ordinance and paining of the stand pipe in July. The Municipal Authority discussed the new sewer project with Washington Township.
Other Old Business:
Communications:
General McLane Relay for Life held June 7th thanked the Borough for their assistance.
New Business:
Notice of appointing voting and alternate voting member at the PLCM Conference. It was noted that Clifford Allen and Robert Cannell would be attending the conference. Clifford Allen moved to appoint H. Robert Cannell as the voting delegate and he would be the alternate. Greg Lucas seconded and the motion passed by 5-0 voice vote.
Clifford Allen moved for adjournment, and the meeting was adjourned at 8:35 P.M.
©Copyright JULY 2008