HOME RULE BOROUGH OF EDINBORO

COUNCIL MEETING MINUTES

July 14, 2008

 

Call to Order:

Monday, July 14, 2008, the regularly scheduled meeting was called to order by Mayor Mary Ann Horne at 6:36 P.M 

Roll Call

The following Council members were present:  Michael Amidon, H. Robert Cannell, Greg Lucas, Dennis Travis, Jean Davis, and Mary Ann Horne.   Member absent was Clifford “Kip” Allen.  Also in attendance was T. Jemetz, Manager; Solicitor Ritchie Marsh; John Groh, Zoning & Code Enforcement Director; and Marie Lander, Assistant to the Manager.  Guests included: Richard Rodak; Mel Daughenbaugh; Jody Marzka; Dave Wassung; Diane & Ed Lewis; Merrill Smith; J. Tindall; Bob Porterfield; Terry Res; Larry Cole’ George Mibherling; Dick Pifer; Tona Pifer; Bob Capone; Edith Williams; Ro Blair; Ray Glasa; Nancy Crawford; Ralph Lawrio; Ray Smaltz; Joe Satt;Wendy Carter; Annette Smith; Mike Gido; Peggy & Duffy Schruers; Fred Langill; Susan Hegel; Daun & Bill Biesel; Gerry Woods; M. Moeslein, Edinboro News; Kay Spiller; Joyce Szymanski; Bridget Jeffery; Gary Barbour; Kate Spiegel; George Adamson; Allan Montgony; W. Campbell; Rita Lucas; Mary Hanko; Billie Fitzsimmons; and Dawn Micadbowcer. 

Minutes:

Mayor Horne introduced the minutes from the regular Council meeting held June 9, 2008.  Jean Davis moved for approval of the minutes. Michael Amidon seconded, and the minutes were approved by a voice vote of 5-0-1, with Mary Ann Horne abstaining since she was absent on June 9th.  

           

Public Participation:

Mayor Horne went through the procedure for public participation.

 

Fred Langill, 132 Meadville Street.  He asked that Council remember they elected them and that they respect the Home Rule Charter and conforms to the constitution of Pennsylvania.  That all actions in the future to be considered to keep with the constitution.  Mayor Horne informed Mr. Langill that the Ordinance in consideration has been tried and past in the courts in other municipalities.

 

George Adamson, 108 Hickory Street.  He stated he was present because he was told that this was unconstitutional per a Duquesne lawyer.     Lakeside has been traditionally both summer rentals.  My trustee says he will research and sue when he gains control of my property.  Also there is a roomer that you passed this to appease the university. 

Mayor Horne stated that the university had not bearing on the Council’s decision.

George Admanson stated that 2nd and 3rd generations have owned on Lakeside and if next generation can’t sell if regulations are too restrict and values decline it will become a white elephant if not changed.

 

Rita Lucas, 103 Sunset Drive.  I live in a R2, R1 property with two single dwellings next to me that have been turned into student housing.  She believes they devalue her property with parking on the street, noisy, and even ask to park in my driveway.  Rita felt this was a good ordinance and supported the Council.

 

Mayor Horne asked who was taping the meeting.  Steve from Channel 24 noted for the record he was taping the meeting.

 

Wendy Carter, lives in Washington Township and owns property at 315 Elm.  Wendy stated she understood what they were trying to do with the amendment.  Her concern was those caught in the middle between two college rentals and you must move a family in between.  She felt the problem should be controlled by landlords and this maybe a financial hardship if no one wants to buy the property.  Lakeside has always been rentals for the summer.

 

Peggy Schruers, 106 Beech Street.  Peggy stated she understood both sides and wondered if it was possible to review the cases by case bases.  Especially when there is a financial hardship, can they be reviewed?

 

Ray Smaltz, 315 Elm Street with his fiancée Windy Carter lives in Washington Township.  Have you given a permit renewal to someone who had his expire to rent out to college students?  Manager Jemetz stated not to his knowledge but if he had a name he would look into it.  Mr. Smaltz stated it was Mr. Frost.  John Groh, Zoning & Code Enforcement Director stated none have been granted since he became director but the renewal have gone out July 1st and some have come back.

 

Ro Blair, 5421 Highland in Washington Township; owner of 117 Walnut.  Last year I did not have a rental.  He asked that Council look into if only didn’t have a license for one year and never had student. 

Manager Jemetz stated that if the new ordinance passed it would amend the existing ordinance so he could rent to a family.

 

Claude Behr, 121 Angling Road, Washington Township owner of 208 Maple Street.  The property has devalued 20-30% because of the sewer system issue and now this.  I want a class action suite to take you to court.

Michael Amidon asked what basis for the devaluation of property and what problems do you have with the sewage system?  Mr. Behr stated he can’t do a bathroom in the basement because the sewer line is 4-5 feet deep.

 

Jody Marzka, 100 Davis Drive.  Everyone here knew it was a college town, when you moved into this town.  We are our own zone on Lakeside in 1992 or 1994 so why change now?  Everyone wants a quite town but we knew when we purchased the property.  Mayor Horne stated there are more rentals now then when she purchased her property.  Manager Jemetz stated that we have 65% rentals in the Borough and 90% of them are student rentals.   Jody asked why not use the $48,000 for cementing the one-way street for better lights on 6N. 

Manager Jemetz stated that pedestrians and bikes had no access from 6N to the boat ramp. 

Jean Davis stated that 6N is a state highway and it is not our job to put lights. The County has been studying 6N for the last three years and soon we will hear how they will address 6N.  Also these were CDBG funds and we are limited on the use.  We can use for sidewalks, upgrade of water but not on 6N. 

Jody asked why not for asphalt. 

Jean Davis replied not even for asphalt.

 Jody felt that the Council should define students, what about someone 50 or 60 years old? 

Manager Jemetz stated we do not have a definition for students, but we defined student house.  We currently have plenty of rental vacancies.  Enrollment at EUP is not increasing for the foreseeable future. 

Michael Amidon stated that the sidewalk on Lakeside was discussed at a Public Hearing and from citizen input especially from Lakeside residents that wanted this change. 

Manager Jemetz stated that 40 people from the Lakeside Association requested that Lakeside be converted to a one-way street for the entire length.

 

Edith Williams, 200 Meadville Street.  I have one unit which used to be two units.  Next to me are two more units.  How will this affect me? 

Manager Jemetz stated she should come in and talk with John Groh to see what her options were. 

Edith stated she was 74 years old and you never know when you might need to go to a nursing home and wondered if she would be able to sell her property. 

Manager Jemetz felt that she would be able to sell but no one is sure about the housing market.

 

Barbara Reing, 112 Maple Drive.  She stated she was pleased with legislation as it stands.  It is to maintain not to take away.  Maple Drive where she lives, she would not want more student rentals.  She may even put in an extra bedroom for her grandchild to visit.  If more students moved to the street, she may not want to live there.  She told the story of walking back to the house from Mallory Run and she is fine with the students living on the street but while walking back to the house a truck turned into a driveway right in front of them, not waiting for her and her grandchild walking.  Barbara stated she was afraid the children will get run over.  She felt they should keep the same and not increase student rentals.  She understood that if they had a license they won’t loose if they kept the license renewed. 

Mayor Horne stated that was correct, as long as they keep their license renewed they would have no problem.

 

Gary Barbour, 5431 Highland Drive, Washington Township; owner of 105 Ontario.  He stated he liked the one-way.  Wanted to know if he would let his lease lapse \what would happen.

Manager Jemetz stated you need to keep the license current.  Mr. Redlawsk has property for a future Darrow Road Development.  Flat student enrollment and lower rental occupancy rates prohibit him from developing additional rental properties at this time.  Apartment buildings are different then renting homes.

Mary Ann Horne again stated that this was tested in the courts at State College and Manager Jemetz stated also it was tested in the courts in 1995 in Bloomsburg.  We are late in doing this.

Mr. Barbour stated then if he were to sell  he would be able to sell it as a rental/

Manager Jemetz stated as long as you keep the rental license current the license will transfer to new buyers.

Jean Davis stated that if they have a current license you can transfer it to the new owner.

 

Bill Leehan, lives in Washington Township; owns 601 Monroe and 214 Pine Street.  The issue as he sees it is that people have a problem with college students.  First they say students are noisy and cause problems.  Bill felt that the Borough has a competent police force and they should keep the noise, drinking and parking under control. 

Mayor Horne stated the noise isn’t the only reason for the ordinance.

Manager Jemetz stated the noise, student percentage higher, neighborhood, and revenue.  When students rent they pay no earned income tax, local services tax, while taxes must remain higher to compensate for the high percentage of students.

Bill Leehan stated he has lived here for 30 years and we got along without this ordinance this long and we are doing alright. 

Manager Jemetz stated this hasn’t happened all of a sudden.  Housing on campus wasn’t kept up and students moved into the Borough and provided less revenue for streets, fire department, etc.  If we do not restrict rentals we will have to raise taxes, which are already too high. Other municipalities, that host universities, have turned to this option to address similar.  It has been through the state courts and they have been upheld each.  You need to keep your license current and you will be fine.  We just want to stop proliferation.

Mr. Leehan also noted that if you increase the fees he will also increase the rent. 

Manager Jemetz stated as the tax base shrinks the more we will need to raise taxes on those who remain.  If we permit this cycle to continue unabated, we will drive off our entire tax base.

 

Katie Spiegel, 5541 Meadow Lane, Washington Township; Caldwell Banker.  Katie stated that the 2% earned income tax was the reason she left the Borough.  She was questioning what was considered family member and students.  What if husband and wife in college? What about boy friend living with girl friend in college?  We need to know when we sell the house. 

 

            Terry Ray, lives in Washington Township; Associate Broker at Caldwell Banker.  Property at 215 Walnut Street.  Mr. Ray stated that this will affect the property values.  Lake and College are the two main reasons for housing and the change in use will change the values.  They buy to rent and live part time and use changes and value changes.  The Borough already has high taxes.

 

            Mary Hanko, 302 Erie Street.  Residential limited business is the way I’m classified.  She asked if she was exempt from the Ordinance in question.

            Manager Jemetz stated she was not exempt, that all districts are subject to the distance requirement of Ordinance 561 and/or Ordinance 563. 

            Mary went on to say that residential is great to keep the families. She has been a resident she was 10 years old.  Lived in three houses and wanted to be in a residential area but unfortunately surrounded by rental units.  Just sounds discriminatory.  Must find family if you want to sell and what if you can’t find one that wants to bein middle of students then what?  Also she asked Council to consider the RLB area and why if a business can be in that area why not rental.

 

            Student from Germany asked if the drinking water was safe to drink. 

Mayor Horne stated yes.

Student asked why the water was fluorinated.  Mayor Horne stated that one to talk about this is the Water Superintendent and he could stop at the office or call in and speak with him about fluoridation.

Jean Davis stated she knows some of the history and a Dentist was on Council and he showed that it was recommended by Council of Dentistry for children to drink fluoridated water reduced cavities.  In Cambridge Springs they went to fluorine tablet given to students.

 

Joyce Szymanski, 12530 Blue Spruce in Washington Township; Caldwell Banker Manager.  She understood the ordinance but she asked Council to consider those stuck in the middle.  Think about the people who had licenses 3 of 6 years or 2 of 5 years.  She stated parents of students have more disposable income today and they are buying homes for the children to live in and bring their friends into while at the university and when they graduate they sell the property.  Wendy and Ray are an example that they have a very small 648 sq ft house that is denied a rental for students.

 

George Adamson, 108 Hickory Street.  The yellow strip should be painted on the sidewalk so when you come into the road you do not hit the curb.

 

Jean Davis stated she wished to give her thoughts.  People are taking the assumption it is because of students.  I live on a street where there are town houses behind me and many students live there and we have no problems with students except that they drive fast and throw trash in my yard.  The real driving force is that I’m retired and many in the Borough are retired as well as students and we have no earned income and only pay real estate taxes.  Most of the Council members pay no wage tax.  All housing going down and we need more wage earners.  We are trying and have lowered the Earned Income Tax ½%. We are taking into consideration alternatives and we are not against students this is a college town.

 

Mayor Horne read a letter form Bob Capone, 104 Cherry Street. 

“I write to you concerning Ordinance 545 with reference to the document for Ordinance 561.  I have lived in Edinboro for 28 years and feel I have reasons to be concerned.  My home is of crucial importance to me and has been my priority for maintenance, remodeling and every day up keep.  I feel as a homeowner and citizen I have always shown respect and responsibility for my community.

During my 28 years I have endured little protection from landlord owned properties.  Not only have we seen the landlord owned properties nosedive in physical condition but have endured problems with rental clients.  Even discussing this with a few landlords has proven fruitless.  I was told, “it’s OK to do this here.”  Also, I was told, “all I have to do is sweep them out (cottages) twice a year, it’s easy money.” I resent these attitudes around my home and neighborhood.  Not only do the landlords feel not accountable for their properties but not in the least bit concerned about the behavior of who they place in my neighborhood.  It simply is seen as not their problem.   I do see one couple walk each day past garbage at their rental property and never do anything about it.”

Mayor Horne stated she was skipping to last two paragraphs.

“It is difficult to accept that these landlords, many of which do not live in Edinboro, being allowed to run these businesses in my neighborhood.  I cannot imagine these rentals are necessary.  As I look at the campus, more and more housing seems to be available, yet it is alarming how many more rentals appear at lakeside each year!  As a few landlords stated, “it’s easy money here.”

I was encouraged to hear that there would be no more new rental properties.  I see now there are amendments to this.  My request is for the zoning board to please consider those of us who love their homes, respect their neighborhoods and community with the protection of the most stringent rental and landlord responsibility ordinances.”

Mayor Horne stated this was received from Bob Capone.

 

            Being no further requests to speak, the Mayor moved on to old business.  

OLD BUSINESS:

            Committee Reports: 

Finance Committee:  Jean Davis that they met with Marie today to review the bills and saw no problems.  She motioned to approve the bills as presented for the bills to be paid June 23, 2008 totaling $196,947.12 and July 14th for $361,034.92 for a total of $557,982.04and Robert Cannell seconded.  The motion passed by 6-0 voice vote.  

Jean Davis moved approval of the payroll ending June 14 that was paid June 20, 2008 totaling $54,579.25 and payroll ending June 28th paid July 3, 2008 totaling $61,382.16.  The motion was seconded by H. Robert Cannell and passed by 6-0 voice vote.

Jean went on to report that they  reviewed the Auditor General’s Pension Audits of 2005-2006; scheduled Pension meeting with Tom Bean for August 13th for 6 month review; and Marie is working on the 6 mo review of financials and will get us copies out to decide if we need a meeting or not.

 

Ordinance Review:  Jean Davis in Clifford Allen’s absent reported that they met on July 1st.  Member present where Clifford Allen, Jean Davis, Dr. Travis, John Groh, and Manager Jemetz.  We reviewed Ordinance 563 and have a few small changes to be made.  We authorized advertising as well as sending copies to the Law Library, our Solicitor, Edinboro News, Edinboro Borough Planning Commission and Erie County Planning.

We also considered an ordinance regarding fees for the fire department so they could recoup expenses, which maybe helpful, since they have lost the bingo revenue. Another ordinance was considered regarding vandalism on Lakeside area was a curfew for minors as done in Erie.  The third ordinance we discussed was the ground source heat pump ordinance and how it may affect the Borough.

Jean Davis moved acceptance of the reading of Ordinance 563 and Greg Lucas seconded.  Jean Davis then read the advertisement of the ordinance in its entirety:

PUBLIC NOTICE OF INTENT TO ADOPT PROPOSED

AMENDMENT TO THE BOROUGH OF EDINBORO ZONING ORDINANCE

 

  The Home Rule Borough of Edinboro hereby gives notice of its intent to adopt an ordinance amending the Home Rule Borough of Edinboro Zoning Ordinance on August 11, 2008 at 6:30 p.m. at a regular meeting of the Home Rule Borough of Edinboro. Said public meeting is to be held at the Home Rule Borough of Edinboro Municipal Building, 124 Meadville Street, Edinboro, PA 16412. This Notice contains the title and entire text of the proposed ordinance amending the Zoning Ordinance.  A complete copy of the said proposed Ordinance No. 563 may be examined without charge at the Borough of Edinboro Municipal Office during regular business hours from 8:30 a.m. to 4:00 p.m. Monday through Friday and a copy thereof may be obtained at the Borough Building for standard charge for copying of 25 cents per page.

 

The proposed ordinance is entitled, “Home Rule Borough of Edinboro Ordinance No. 563” and amends the Home Rule Borough of Edinboro Ordinance No. 561 and amends Ordinance 545 the Code of the Borough of Edinboro Chapter 27. 

 

The entire text of the proposed Ordinance 563 follows:

HOME RULE BOROUGH OF EDINBORO

Ordinance No. 563

 

AN ORDINANCE AMENDING Chapter 27 OF THE CODE OF THE BOROUGH OF EDINBORO, AND SPECIFICALLY AMENDING Part 2 “Definitions”; Part 3 “Permitted Uses”; and Part 4 “Supplementary Regulations” and AMENDING ORDINANCE 561 Section 4 regarding Regulated Rental Units.

 

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:

 

STUDENT HOUSE – A type of use which is a sub-group of Regulated Rental Unit.  It is a living arrangement within a one or two-family dwelling, a Conversion Dwelling or a Townhouse by persons unrelated by blood, marriage, or legal adoption, who are attending, or about to attend undergraduate or graduate programs offered by colleges or universities, or who are on semester break, or summer break, or any combination of such persons.  The restrictions placed upon regulated rental units shall apply to Student Houses.

 

FAMILY – Any number of individuals living and cooking together as a single housekeeping  unit, including not more than three (3) unrelated individuals.  The term “unrelated” shall include any individual who is unrelated by blood, marriage or legal adoption to any individual residing in the unit, but excludes domestic servants and minor foster children.  This definition shall not apply to Regulated Rental Units occupied and licensed as Student Houses. 

 

CONVERSION DWELLING – A large single family home divided into two or more dwellings.

 

SECTION 2.  Ordinance 561 Section 4 is amended and Ordinance 545 of the Code of the Borough of Edinboro, §27-416 “Regulated Rental Units:” is hereby added as follows:

 

Chapter 27 – 416

A.  No Single-Family Home, Townhouse, Duplex, or Conversion Unit, used as a Student House shall be located on a lot, any portion of which is closer to another lot containing a Student House than a distance determined by multiplying twenty (20) times the minimum lot width required for a single-family dwelling in the district in which the Student House is located. 

B.   No more than one dwelling unit in a two-family dwelling may be used as a Student House.

C.   At least one dwelling unit in a Conversion Dwelling must be owner occupied.

D.  No more than one structure on a lot may contain a Student House

E.   For purposes of this Section, the distance requirements as provided for in Section 2 (A) shall be measured from the closest portion of the lot of an existing Student House to the closest portion of the proposed Student House lot.

 

SECTION 3.  Ordinance 545 of the Code of the Borough of Edinboro, §27-306 “Permitted Uses, Conditional Uses and Special Exceptions” is hereby amended as follows:

 

Chapter 27- 306.10

Delete “Multi-Family Dwellings” from Special Exceptions section of R-2 “Single-Family and Limited Multi-Family Residential District”.

 

SECTION 4.  LEGISLATIVE INTENT

 

Legislative Intent of Chapter 27- 306.10 (Section 3 above)

Prohibit additional multi-family dwellings within R-2 neighborhoods in order to preserve the rural character and small town atmosphere and to prevent the proliferation of student rental property within the Borough.

 

Legislative Intent of Chapter 27 – 416 (Section 2 above)

The proliferation of student rentals in traditional family dwellings puts a substantial burden on our Police, Zoning and Code Enforcement staff and on the all volunteer Fire Department.  The proliferation also leads to lower municipal revenue. It is very difficult keeping up with the demand for these essential services with the very lean budgets and staffs that these departments must operate with. The Borough does not posses the financial means to increase the Borough staff to meet the increasing demand for services without increasing taxes which are already among the highest in Erie County.

 

Proceeding with this legislation will serve to protect the public health, safety and welfare in several ways.  This legislation will help ensure that the Borough can afford to provide the essential services and also keep neighborhoods to a manageable mix to reduce frustration and the chances for conflicts that happen between student renters and their retired and/or family oriented neighbors.

 

Certain uses in the various zoning districts, while compatible with other lawful uses, can be detrimental to the quiet use and enjoyment by others of their property if concentrated in the same neighborhood   The Borough Council has determined that undue concentration can be avoided by mandating a minimum distance of separation between these uses.  Thus the essential nature of the various districts can be maintained while providing a broad level of inclusion for the variety of uses that enrich our community. 

 

It is the intent and purpose of this Ordinance that the remaining terms, provisions and sections of Ordinance 545 of 2007 and Chapter 27 as well as Ordinance 561 are hereby ratified and reenacted.

 

DULY ORDAINED AND ENACTED this ______day of ______, 2008, by Council of

The Home Rule Borough of Edinboro, Erie County, Pennsylvania, in lawful session duly assembled.

 

The Home Rule Borough of Edinboro intends to discuss the above-captioned Ordinance at

its regular council meetings on July 14, 2008 commencing at 6:30 p.m.

 

The public is invited to attend said Public meeting. 

 

The motion passed by 6-0 roll call vote:  Michael Amidon, yes; Jean Davis, yes; Dennis Travis, yes; Robert Cannell, yes; Gregory Lucas, yes; Mary Ann Horne, yes; Clifford Allen, absent.

 

Solicitor's Report:

Solicitor Marsh stated he had been working this month on Regulations regarding inspection of public records; sale of residential property with Rob Kennerknecht; and liability waivers for participants on a proper form.

Management Report:

            Manager:       Manager Jemetz report was in the Council’s packet for review and comments.  Manager Jemetz reviewed his report in detail.

 

Michael Amidon moved to authorize the second payment to Guzik regarding the Lakeside Access Trail for $27,927.  Greg Lucas seconded the motion and it passed by 6-0 voice vote.

 

Michael Amidon moved and Jean Davis seconded the adoption of Resolution 12-2008 regarding reestablishing a 457 plan with ICMA-RC as follows:

Home Rule Borough of Edinboro

A Resolution 12-2008

 

    WHEREAS, the Home Rule Borough of Edinboro (Borough), Erie County, Pennsylvania; and

 

    WHEREAS, the Borough has employees rendering valuable services; and

 

    WHEREAS, the establishment of a deferred compensation plan (Account Number 306463) for such employees serve the interests of the Borough by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and

 

    WHEREAS, the Borough has determined that the establishment of a deferred compensation plan to be administered by the ICMA Retirement Corporation serves the above objectives; and

 

    WHEREAS, the Borough desires that its deferred compensation plan be administered by the ICMA Retirement Corporation, and that some or all of the funds held under such plan be invested in the Vantage Trust Company, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans;

 

    NOW, THEREFORE BE IT RESOLVED that the Borough hereby adopts the deferred compensation plan (the “Plan”) in the form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust, referred to as Appendix A.

 

    BE IT FURTHER RESOLVED that the Borough hereby executes the Declaration of Trust of the Vantage Trust Company, attached hereto as Appendix B, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the Borough, if the assets of the plan are to be invested in the Vantage Trust Company.

 

    BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Borough serving as trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose.

 

    BE IT FURTHER RESOLVED that the Borough hereby agrees to serve as trustee under the Plan.

 

    BE IT FURTHER RESOVLED that the Borough Manager and Assistant to the Manager shall be the coordinators for this program; shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation or the Vantage Trust Company; shall cast, on behalf of the Borough, any required votes under the Vantage Trust Company; Administrative duties to carryout the plan may be assigned to the appropriate departments, and is authorized to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan.

 

    RESOLVED this 14th day of July, 2008.

 

The resolution passed by 6-0 roll call vote:  Jean Davis, yes; Dennis Travis, yes; Michael Amidon, yes; Gregory Lucas, yes; Clifford Allen, absent; H. Robert Cannell, yes; and Mary Ann Horne, yes.

 

            Manager Jemetz stated that we were  asked to participate with Washington Township and the Edinboro Lake Watershed Association in a study of the ecoli in the Lake.  The test would show if it was animal or human waste to help locate the source.  The costs is $2100 and would be split three ways for a cost of $700 to the Borough. 

Dr. Travis stated it was not much, but he felt it should be saved for the roads.

Greg Lucas asked if the Beaches were closed this year. 

Manager Jemetz stated only once in the beginning of the season.  The preliminary tests done showed counts of 300’s in the Creek; 140’s at Elm Street Storm sewer; and beach it’s self was low.  He felt that in August it gets hot and stagnant and the problem arose in 2007 then.  If the Council approves this payment we would also ask that the tests be done after the beach closures occur to help find the cause. 

Dr. Travis stated he thought it maybe wiser to wait until the sewer plant was up and running completely. 

Manager Jemetz stated we were going to do this test ourselves last year, so to get the same information and split the cost three ways sound good.

Mayor Horne called for a vote and it passed by 5-1 vote with Dr. Travis voting nay.

 

            Finance:  Notice for Waste Watcher Award was received from Waste Management; Dividend check from UComp for $452.00; and notice on the passing of SB 1063 regarding earned income tax.

 

Personnel:  Still have opening on Environmental Shade Tree Advisory Committee which the committee will review when received.

 

Police:   Mayor Horne asked if anyone had any questions.   Dr. Travis stated that the n umber of students was not documented on the report.  Manager Jemetz stated that they are not tracking this because previous history showed 50% was student related.  We have cut our police clerk from full time to part time and do not see this as a priority.  Dr. Travis stated that the quantify information would be helpful.  Manager Jemetz stated that we should be at eleven (11) officers but have (8) eight and feel they should be on the street and not recording number of student related events.

 

            Employee Safety Committee:  Committee met July 11th, agenda reviewed.

           

            Code Enforcement/Planning/Zoning:  Agenda of the Planning Commission was in the packets.  John Groh reported verbally that 5 permits were issued in June and since he started on June 16th he has resolved seven (7) complaints.

 

Community Liaisons: 

 

            Environmental Shade Tree Advisory Committee:  Mayor Horne reported they were being helped by a Professor at the college who was having his students identify and locate with GPS system all trees and their condition.  This will be very helpful for the committee.

 

            Authority:  Jean Davis reported that the Authorities met tonight and Manager Jemetz had gone over it in his notes.  The only other item to note was the company the Water Authority hired to clean the water tower is unable to do it because the dew point is too high this year.   

 

            Watershed Association:  Mary Ann Horne reported they met last week and were still selling car & boat stickers to benefit the Lake.

 

Other Old Business: 

 

Communications:

Letter was received form Robert Cogan to Mrs. Curtis Robinson.

 

New Business: 

            Proclamation by Mayor was in the packets for the Council’s information.

American Legion Post 439 is holding a “MEET AND GREET”  August 13, 2008 they invite all community of support participants and their families to meet and greet session prior to the start of the training.  The pool will be open for swimming and menu items from the café will be available for ½ price starting at 5 p.m.  Lifeguards will remain on duty and the pool will remain open after regular operating hours for family members of all registrants!  The pool is adjacent to the Culbertson Golf Club where the training is being held.

“Communities of Support” training sponsored by Operation: Military Kids, PA and American Legion Post 439 on Wednesday, August 13, 2008 from 6:30 p.m. – 9p.m. at Culbertson Golf Resort.  For further information the pamphlet will be in the Borough office.

 

Adjournment:

Greg Lucas moved for adjournment, and the meeting was adjourned at 8:05 P.M.

 

 

ATTEST:

 

 

 

_______________________________               _________________________________

Borough Manager Taras Jemetz                        Mayor Mary Ann Horne


 

 

Home Rule Borough of Edinboro Council Meeting

HIGHLIGHTS

July 14, 2008

 

COUNCIL APPROVED:

·        Payment of bills 

·        Minutes

·        Payroll

·        Reading of Ordinance 563

·        Resolution 12-2008

·        Authorize 1/3 of $2,100 invoice for ecoli testing

·        Payment CDBG – Guzik Concrete & Masonry for $27,927.00 for Lakeside Access Trail Project

·         

 

 

POSTPONED

 

UPCOMING MEETINGS:

            August 11th  6PM HEARING Ordinance 563

            August 11th   6:30 p.m. next Council meeting

MANAGEMENT INSTRUCTED TO:

            Make minor changes in Ordinance 563 and advertise hearing.

            Check to see anyone got permit renewed after Ordinance 561 adopted paying late fee.

            Set up interviews when we have applications for the Shade Tree Committee     


 

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING AGENDA

July 14, 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 June 9, 2008     

 Action: Motion to approve minutes

 

IV.               Public Participation –

A. 

V.         Old Business
A.  Committee Reports –

1.       Finance Committee/Pension Committee/ Negotiation Committee – Jean Davis Chair - Met July 14, 2008 4:00 p.m.

a.       Authorization to approve bills to be paid June 23, 2008                         $_196, 947.12_  and July 14th $ 361,034.92___

Action:  Motion to approve bills totaling $ 557,982.04

 

b.     Authorization to approve payroll ending June 14 paid June 20, 2008 totaling $ 54,579.25 and payroll ending June 28th and paid July 3, 2008 totaling $  61,382.16

 

2.       Ordinance Review Committee –Chair Kip Allen 

A. Committee met July 1st – report by Chair

B. Ordinance 563 

- Letter Bob Capone

- Edinboro Planning Commission’s recommendation

- Reading of Ordinance – Roll Call Vote

- Hearing August 11th 6 p.m.

Final Reading August 11th

C. 

3.   Personnel Committee –Chair Robert Cannell

4.    Public SafetyChair 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

            2. 

 

 

C.  Management's Report:

1.  Manager Jemetz’s Report

            A. Opening 457 Plan with ICMA-RC

ACTION Resolution 12-2008

 

2.   Finance:

            A. Waste Watcher Award – FYI

            B.  UComp – Dividend – FYI

            C.  SB 1063 passed June 24, 2008 – SUMMARY-FYI

 

 

3.   Personnel

            Opening on Environmental Shade Tree Advisory Committee

            4    Emergency Management

            5.   EVFD

6.   Police-–  Monthly Report

7.   Employee Safety Committee – met July 11th

8.   Code Enforcement/Planning/Zoning - REPORT

                        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. 

 

VI. Communications

            A. Letter from Robert Cogan to Mrs. Curtis Robinson – FYI

            B  E-Mail from Barb Jacobs & Manager’s response - FYI

     VII. New Business

A.     Proclamation by Mayor – FYI

B.      

VIII.     Adjournment

                

                             2008 EDINBORO BOROUGH COUNCIL MEETINGS

AUGUST 11th Hearing 6 p.m.; 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 AUGUST 2008