Home Rule Borough of Edinboro
PUBLIC HEARING- Ordinance 563
August 11, 2008
Public Hearing was called to order by Mayor Mary Ann Horne at 6:07 p.m.. The following were present: Greg Lucas, Clifford Allen, Michael Amidon, H. Robert Cannell, Jean Davis, Dennis Travis, Mary Ann Horne, Marie Lander, John Groh, Attorney Ritchie Marsh, T. Jemetz, Joseph R. Bufalino; Barabara & Bill Wohleber; Matte Kashey; Michael Kashey; Dolares and Onda Adams; Sara Adams; Karen Willey; Sharon Hendrick; Jean & Barb MacLeod; Aaron Bufalino; Bridget Jeffery; Bob Porterfield; Bob Capone; A. J. Manfie; G. Paul; K. Spiller; Wendy Carter; Ray Smaltz; Temi Swanson; Annette Swanson; Rose Merry; Paul TOberg; Ray Gleason; Polly Adams; Art Smaltz; Joyce Szymanski; George Shimpeno; Mike Gido; Nancy Crawford; Mike & Kate Zohorchek; M. J. Campbell, Township Liaison; Michael Zim; George Adams; Larry Cole; Jack Ashton; Penny Fuller; and Kristina Lindsey of the Edinboro News.
Purpose of the Hearing is to take input on Ordinance 563.
John Groh read the public notice as follows:
PUBLIC NOTICE OF PUBLIC HEARING
CONCERNING PROPOSED AMENDMENTS TO
THE HOME RULE BOROUGH OF EDINBORO ZONING ORDINANCE
The Home Rule Borough of Edinboro hereby gives notice that a public hearing will be conducted concerning proposed amendments to the Home Rule Borough of Edinboro Zoning Ordinance on August 11, 2008 at 6:00 p.m. at the Home Rule Borough of Edinboro Municipal Building, 124 Meadville Street, Edinboro, PA. This Notice contains entire text with updates as of July 15th of the proposed amendments to the Zoning Ordinance. A complete copy of the said proposed Ordinance No. 563 may be viewed at the Home Rule 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 Home Rule Borough Building for a standard charge for copying of 25 cents per page.
The entire text of the proposed Ordinance 563 with updates as of July 15th 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 three 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. The definition of Family 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.
Add to definition of NON CONFORMING USE, the following sentence: Note: for clarification purposes this is also known in commonly accepted terms as “Grandfathered”
Delete from definitions, the term; GRANDFATHER CLAUSE (Ord. 561 Sec. 1 )
SECTION 2.
Ordinance 561 Section 2, Amendments to Table 306.10 are deleted
Ordinance 561 Section 4 is deleted and Ordinance 545 of the Code of the Borough of Edinboro, §27-416 “Regulated Rental Units:” is hereby amended as follows:
Chapter 27 – 416 (New) (Ord. 563)
REGULATED RENTAL UNITS
All dwellings and dwelling units within the Borough may be rented and occupied by persons meeting the definition of Family in Chapter 2 of the Zoning Ordinance. Licensing is required for all Regulated Rental Units by Borough Ordinance 496 and 554
STUDENT HOUSE
In addition to the licensing requirements for Regulate Rental Units, Student Houses are subject to the following supplemental regulations.
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 – 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.
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
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 public is invited to attend said Public Hearing.
This notice was published two times on July 24th and July 31st of 2008 in the Edinboro News.
The Intent to adopt Ordinance 563 was advertised July 11, 2008. The Public Hearing Notice was also advertised July 17, 2008 prior to the revisions of July 15, 2008.
John Groh read highlights from several correspondences:
E-mail from Gary Gilbert, 226 Walnut Street. “I am so glad you passed a ruling about rentals on Lakeside. When we first moved here, Walnut St had very few rentals. Most homes were single family dwellings. Now between Monroe St and Angling Rd there are at least 11 rentals. These rentals, for the most part, are poorly maintained. This makes our area look unkempt. A house next to us just went up for sale. This could have put another rental beside us had Council not passed the ruling for less rentals on Lakeside. Thank you for looking ahead and possibly returning our area to a better maintained set of properties.”
Letter from Bob Capone, 104 Cherry Street. Letter read at last meeting but Mr. Groh read the last paragraph. “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.”
Letter from Diana Macho, 225 Shelhamer Circle. It is a three page letter and starts out with, “I am writing to you, to support Ordinance 561.” Mr. Groh commented that he felt she meant Ordinance 563.
We also have recommendations from the Edinboro Planning Commission. They met July 8th and after much discussion they recommend they approve Ordinance 563 with amendments.
We also received comments from Erie County Department of Planning that stated, “Based on our review, it appears that the proposed amendment to the Code of the Borough of Edinboro is generally consistent with the Erie County Comprehensive Plan, as adopted.”
Pennsylvania Economy League (PEL) University Impact Study Summary Points some points from the summary are: “University host communities collect less tax revenue on a per capita basis because students often do not work, work only part-time, pay their wage taxes to their home municipality and because the universities own large amounts of tax-exempt property. University host communities have higher-taxes per capita and a higher tax burden per household than their neighboring communities… The presence of a university leads to a higher rate of conversion of properties to rental which erodes local government revenue capacity and harms municipal sociological and fiscal health. The lack of revenue capacity, service costs and resultant fiscal distress will lead to a local municipal environment that is unappealing to parents and could hamper the university’s attempts to be competitive in its pursuit of students. This is a very critical finding for the state of Pennsylvania and State System of Higher Education.”
George Admanson, 108 Hickory Street. “ The problems of student housing are a concern in cities across the county, not just in Edinboro, and the State College model has been considered but not adopted in numerous places. Landscape architects Dahlgren Shadrown Uban created the “neighborhood Best Policies Study” A memorandum dated 2/14/06 stated: “In summary, no one policy or strategy is adequate to address the issues faced by the study communities. National research shows that a board range of strategies implemented by the university, the city, and the neighborhoods are necessary to begin the process of resolving the issues.” Lakeside, originally the Billings plan of lots outside the limits of Edinboro Boro before being annexed, always was than always will be non-conforming to many boro ordinances (the structures having been built as cottages and not homes) and thus is designate as R-3. It began as partly a rental neighborhood, and many strongly object to changing the rules more than 70 years later which, as one realtor already testified before you, will depress the future sales prices of properties. The problem with your ordinance 561 and 563 is that they are trying to close the barn door after the horse has already escaped. They do not alleviate any problems associated with student housing; they just freeze everything at the present level. If your concern is to encourage more taxpayers to live in the boro, then 561 was certainly counterproductive. You have asked for suggestions. If you want more residents, then why not encourage rather than discourage more family rentals (yearly leases) in Lakeside which is already non-conforming? Right now there are numerous summer unoccupied structures in Lakeside not used by the owners, for various reasons (three within eyesight of our place0. If more students move to the new dorms, the vacancies will increase. For every action there is an equal and opposite reaction, and that reaction should be evaluated before taking an action. The amended text of proposed ordinance 563 (chapter 27-416) “used as a student house” may satisfy property owners who never want their properties rented to students but want to retain the future option to lease properties to responsible families in order to have buildings occupied and generate income to maintain them. More “families” residing in Lakeside is win-win for everybody. Ordinances applications specified for R-2 situations do not apply to R-3 anyways, but there may be confusion among Lakeside property owners. I just don’t want to see taxpayers and owners’ money wasted unnecessarily on lawsuits. Treat R-3 as an R-3 and partial solutions are possible”
E-Mail from Don & Reggie Burke, 106 Lakeland Drive. They also are in support of the Ordinance.
Mayor Horne opened the Hearing up to anyone wishing to give comments.
Wendy Carter, 12560 Angling out side the Borough and owner of 315 Elm Street. The community is advertised as a resort community on the internet. If we are going to close down all the rentals, Lakeside has always been rentals. The cottage owners can not operate with out having students in the fall and other renters in the summer.
Mayor Horne stated that if they had rental permit they can continue renting.
Paul Toberg, 115 Beech sometimes and other states also. Has two rental properties but would not give his home address. Is this Borough wide? Mayor Horne stated, Yes. Mr. Toberg asked if they already had a rental lease could they continue? Mayor Horne stated if they had a rental lease permit they could continue as long as same use. What about fraternities. John Groh stated that is a different use and zoned under different regulations. Mr Toberg stated, I’m an American citizen of the United States and I will rent my house as I please. Mayor Horne stated that as long as you have a rental lease permit you can continue to rent your property.
Sara Adams, 100 Cove Drive. I’m also an American citizen and I’m in support of the ordinance. I believe it is for the common good of permanent residents of the area. A lot of times landlords don’t live in the Borough and bring in student into our family oriented area. We had shooting next door last week and there is more to it such as drugs, etc. There are children in our neighborhood and feel this ordinance is for the common good of our town.
Barb MacLeod, 12101 Skyview Drive. Own property on Lakeside. I have had a permit since 1998 but 1 ½ hears ago my daughter began to live at this address and I went down to your office and the Zoning Officer said I did not need a permit. I think this is not fair since I live here and take care of my property and your officer did not give me a permit. I can not get one to have student in my rental property.
John Groh stated that everyone has a right to appeal his decision to the Zoning Hearing Board if she disagreed with a zoning ruling.
She asked the cost?
The legal proceedings cost set by Borough resolution for about $300.
Art Smaltz, 12570 Angling Road. Live in Washington Township which is 25’ from Edinboro and I could rent to 8 students. We have no police and we have State Police and have no problems. Washington Township is 44 sq miles and Edinboro is 2.5 sq miles. You should put your money into State Police. Discussion signage for Keystone Rehab. These laws in this community are not fair. The houses in Edinboro are too small fit for a family they are rentals. My home is quite big and I can rent to anyone.
Oscar Longo, landlord for 15 years on Lakeside and lives in Erie, PA. I lived in Edinboro but the 2% earned income and he left. This is a false thing putting out to media about fire departments and police or taxes not paid. They pay privilege taxes, school taxes. Families not offered Lakeside apartments because not large enough for a home. Homes are not checks like my home furnace tested, mechanical inspections, inspections of the house one every two (2) years. Wrong about Wal-mart, water hookup, and one-way deal on Lakeside gong on right now. Stop or need to be a Philadelphia lawyer to understand what you are talking about in this ordinance. I need to spend 3-4 hours reading it and then have my lawyer review it. You think you will make more money on families you are wrong. Force us not to rent you are being prejudice against families.
Rose Iris Toberg, landlord of 115 Beech Street. I have been here sine age 16. You said you consider changes. Have you talked this over and made discussion or are you having more open meetings.
Mayor Horne stated we do not make decision behind closed door.
Mrs. Toberg, asked if was because the university was building.
Mayor Horne stated it had nothing to do with the university.
Do you have a problem rental Lakeside and you are changing streets. This is apartment town. You want the students on campus and fraurnities.
Mary Ann Horne stated again that we are not in collusion with the university and no way they had anything to do with our decision.
Mrs. Toberg asked why the amendment was not on the web site.
John Groh reported that it was on the website since the amendment on July 15th. It is also posted on the wall and was advertised in it’s entirety twice in the Edinboro News.
Manager Jemetz stated we use the Edinboro News for our local paper as declared by Council the first of the year. Readership is comparable to the Erie Times and the Edinboro News.
Mrs. Toberg stated she was on several boards and it doesn’t hurt to put into both papers.
Jean Davis reported it costs 3 times more to put it into the Erie Times.
We are paying more and school taxes.
Mike Zahorchek, 601 Lakeside Drive. I’m liking the one-way very much. It has cut down a lot of the traffic. 1% of the people think they can pull out of the parking until they get to Washington. You may need to paint on the road one way. I’m in favor of the ordinance.
Joyce Szymanski, Caldwell Banker, lives on Blue Spruce outside the Borough. People should not have to go through a $300 hearing for those caught in the middle.
Mayor Horne stated they need to talk with Zoning regarding appeals process that is available.
Joyce stated like the women with a daughter living in her home, there should be a ruling if rented 5 out of 7years or 5 out 8 years let them get a permit without paying $300.
John Groh read a portion of the ordinance, since Joyce was not present when the ordinance was read: “All dwellings and dwelling units within the Borough may be rented and occupied by persons meeting the definition of Family in Chapter 2 of the Zoning Ordinance. Licensing is required for all Regulated Rental Units by Borough Ordinance 496 and 554.” This house could be rented as a regular rental unit that is classified as a family. Student house was given up when the license was given up, but this is appealable.
Terrie Swanson, 111 Beech St. In the first meeting Council heard people’s concerns and it doesn’t look like you consider our concerns. I didn’t hear any when you read the ordinance than what changes did you make if any.
Mayor Horne stated that we changed it to allow for family rentals. Ordinance 563 is in fact a change to Ordinance 561 that we made after considering public input.
Manager Jemetz stated that the ordinance draft was changed after comments at the first meeting. The changes included the distance requirements only for student rentals and not all rentals; the R2 additional apartment complex; and distance from 5 to 20 lot lengths for student rentals. This was advertised and posted in the Council Chambers window as well as on the Coax Channel.
Ms. Swanson stated that the ordinances it references we couldn’t see to know the changes.
Manager Jemetz stated that anyone could come in and see the other ordinance or purchase a copy at the office.
Terrie Swanson stated that it would cost us money.
Manager Jemetz stated it would only cost $0.50 but you can read it here instead of purchasing a copy.
Joe Bufalino, 5508 Crane Road, Washington Township. Mr. Bufalino asked what would happen if you owned a place which you rented out but did not get permit.
John Groh stated if you have a rental property and do not get a permit, it would be penalty by civil law which could be up to $1,000 a day fine.
George Adamson asked if they got his letter.
Mayor Horne stated they had received his letter and read it earlier in the hearing.
Kate Zohorchek, 601 Lakeside Drive. Came to my attention that someone on Lakeside has put out a rental sign and they think they are grandfathered at 703 Lakeside to rent to students.
John Groh stated he would need to verify if there was a license. If the owner prior had a license and kept it renewed it will transfer over to the new ownership and can continue with the renting.
Bob Capone, 104 Cherry Street. I haven’t rented in a couple years. I think they think they can move back and rent in it. Last two or three years it was not a rental.
John Groh stated he would be checking on this property.
Mrs. McKernan, owner 101 Cyprus Street for the summer. I have a question to clarify, if you already student rental and don’t put rental in for one semester do they loose the right to rent it again to students. Depends if one year don’t rent or one semester. My understanding that the soon as you don’t rent to student you can not go back to renting to students. Mr. Zamierowski gave me permit that must be kept up to date until each year even though I didn’t rent it and if I stopped I could get one later.
Mr. Groh stated with no students or occupant, then you have no rental and should not be issued a permit. You would be nonconforming and have to request hearing to rent to students.
Penny Fuller, 113 Water Street. This is long over due. Thank you.
Joyce Szymanski, Caldwell Banker. Parent bought house and a child and 2 friends are living there is it rental or not rental.
John Groh if they buy a house and child lives in it, it isn’t a rental. However, if they rent out rooms then it becomes a rental property.
Greg Lucas moved to adjourn the hearing and Mayor Horne adjourned the Ordinance 563 Public Hearing at 6:53 p.m.
__________________________________________________________________________________________________________________________________________
HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
August 11, 2008
Call to Order:
The following Council members were present: Clifford “Kip” Allen, Michael Amidon, H. Robert Cannell, Greg Lucas, Dennis Travis, Jean Davis, and Mary Ann Horne. 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: Joseph R. Buffalino; Barbara & Bill Wohleber; Matte Kashey; Michael Kashey; Dolores and Onda Adams; Sara Adams; Karen Willey; Sharon Hendrick; Jean & Barb MacLeod; Aaron Buffalino; Bridget Jeffery; Bob Porterfield; Bob Capone; A. J. Manfie; G. Paul; K. Spiller; Wendy Carter; Ray Smaltz; Temi Swanson; Annette Swanson; Rose Merry; Paul Toberg; Ray Gleason; Polly Adams; Art Smaltz; Joyce Szymanski; George Shimpeno; Mike Gido; Nancy Crawford; Mike & Kate Zohorchek; M. J. Campbell, Township Liaison; Michael Zim; George Adams; Larry Cole; Jack Ashton; Penny Fuller; and Kristina Lindsey of the Edinboro News.
Mayor Horne introduced the minutes from the regular Council meeting held July 14, 2008. Michael Amidon moved for approval of the minutes. Greg Lucas seconded, and the minutes were approved by a voice vote of 7-0, noting that Clifford “Kip” Allen was not present at the July 14th meeting but accepted the minutes as printed.
Mayor Horne asked if there was any further public participation.
Kate Zohorchek, 601 Lakeside Drive. Kate asked if she could direct a question to Mr. Amidon.
Mayor Horne stated this is public comments to Council, please direct questions to Council.
She wanted to know how one member of the Council could be defunct on taxes for two years on several properties and doesn’t follow ordinance to clean up their property.
Manager Jemetz stated that Mr. Cole filed a complaint, regarding the deficiencies on Mr. Amidon’s property, and he Borough filed with the District Magistrate, who found in favor the Borough and fined Mr. Amidon $8,000. He has an opportunity to appeal.
Kat Zohorchek stated to Mr. Amidon, “Be a good neighbor clean up your property and pay your taxes.”
Mr. Mike Zohorchek, 601 Lakeside Drive. I reported three cars being abandoned within a block of one another. There is still one in the parking area for months and it is registered green Mercury with damage to front end with current license. I reported to police but nothing has happened to it.
Being no further requests to speak, the Mayor moved on to old business.
Committee Reports:
Finance Committee: Jean Davis stated that they had 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 July 29, 2008 totaling $52,254.18 and August 11th for $370,370.54 for a total of $422,624.72 and Robert Cannell seconded. The motion passed by 7-0 voice vote.
Jean Davis moved approval of the payroll ending July 12 that was paid July 18, 2008 totaling $55,011.19 and payroll ending July 26th paid August 1, 2009 totaling $56,152.77. The motion was seconded by H. Robert Cannell and passed by 7-0 voice vote.
Jean went on to report that the pension meeting will be August 13th at 9:30 a.m..
The 6 month financial review is on your desks. Please look over it carefully and if you have any questions please contact Marie. If we need a meeting to discuss anything on this report, we will meet August 25, 2008 at 6:30 p.m.
Ordinance Review: Clifford Allen read the ordinance 563 for final consideration and action:
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 three 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. The definition of Family 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.
Add to definition of NON CONFORMING USE, the following sentence: Note: for clarification purposes this is also known in commonly accepted terms as “Grandfathered”
Delete from definitions, the term; GRANDFATHER CLAUSE (Ord. 561 Sec. 1 )
SECTION 2.
Ordinance 561 Section 2, Amendments to Table 306.10 are deleted
Ordinance 561 Section 4 is deleted and Ordinance 545 of the Code of the Borough of Edinboro, §27-416 “Regulated Rental Units:” is hereby amended as follows:
Chapter 27 – 416 (New) (Ord. 563)
REGULATED RENTAL UNITS
All dwellings and dwelling units within the Borough may be rented and occupied by persons meeting the definition of Family in Chapter 2 of the Zoning Ordinance. Licensing is required for all Regulated Rental Units by Borough Ordinance 496 and 554
STUDENT HOUSE
In addition to the licensing requirements for Regulate Rental Units, Student Houses are subject to the following supplemental regulations.
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 – 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.
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
DULY ORDAINED AND ENACTED this 11th day of August, 2008, by Council of
The Home Rule Borough of Edinboro, Erie County, Pennsylvania, in lawful session duly assembled.
Discussion followed. Mr. Amidon was concerned with people caught in the middle and their right to appeal.
Michael Amidon moved to exclude Lakeside an allow provision for amendment to this ordinance. It is old Community set up rental resort with none exceed 500-800 sq ft and not built adequate to house a family.
Clifford Allen asked if he wanted to treat Lakeside as a different entity. Mr. Amidon stated yes.
Mayor Horne asked for a second being none. The motion died for lack of a second.
Clifford Allen stated that it has been listed and discussed with positive feed back from people who live in the community and negative from those who live outside the community and have rental units. This is the final reading and was proposed for the right reasons. This is enforceable after this amendment passage. If we need to make this more stringent we can at a latter date.
Manager Jemetz stated that we advertised the pending ordinance to inform people of its intent.
Clifford Allen stated that we can again consider and amend the again in the future if we have a reason to do so.
Solicitor Marsh stated that any ordinance can be amended.
Clifford Allen asked if an owner is already renting they can continue, but new rentals will have restrictions on student rentals but not on family rentals.
Mayor Horne stated that the Council is not against students but that too many rental units already exist.
Clifford Allen stated that our municipality is not the only municipality with this big issue and the PLCM October luncheon will have discussion on this. Even the City of Erie is looking at this process.
Call for the questions.
Clifford Allen moved passage and Robert Cannell seconded. The Ordinance passed by the following Roll Call Vote: Clifford Allen, yes; H. Robert Cannell, yes; Michael Amidon, no; Jean Davis, yes; Dennis Travis, yes; Gregory Lucas, yes; Mary Ann Horne, yes. Ordinance passed by 6-1.
Jean Davis motioned to waive the fee for appeals on the ordinance until December 31, 2008. Motion seconded by Michael Amidon and discussion followed. The appeal process is open to everyone who would like to have a permit and are denied. Jean stated she thought they could have one meeting and discuss all appeals.
After discussion on the cost of these hearings of appeals and possible number of appeals, Jean Davis moved to table her motion and Michael Amidon seconded. The motion to table passed by 7-0 voice vote.
Solicitor Marsh stated he was working on sewer certification.
Manager: Manager Jemetz report was in the Council’s packet for review and comments. Manager Jemetz reviewed his report in detail.
Sewer Expansion Project; Hillcrest Drive paving should occur next week; 6N final recommendations are forth coming; sewer working on EUP billing for 2008 and future; Ordinance review still needs to meet regarding curfew, EVFD Fees, and public gatherings; Town Gown is August 5th; Emergency Management training is Thursday; 2008 non uniformed negotiations to begin; Pension meeting August 13; and safe routes school was submitted.
Michael Amidon asked if we could withhold pay if the construction contractor does not continue to meet the schedule.
Manager Jemetz stated that they could see on May 3, 2009 when it must be substantially completed, but then it would be a topic for executive session.
Finance: Notice of advertisement for CDBG Engineering and Consulting was available for review. Penn PRIME building appraisals service was also in the packets for review.
H. Robert Cannell moved adoption of Resolution 13-2008 entering into the Westmoreland Council of Governments (COG) for purchases of vehicles as follows:
Home Rule Borough of Edinboro
Resolution No. 13-2008
A RESOLUTION, of the Home Rule Borough of Edinboro, Erie County, Pennsylvania.
WHEREAS, Section 1902 of Act 57 of May 15, 1998, (Title 62 pa C.S. 1902), known as the “Commonwealth Procurement Code”, permitting local public procurement units, local municipalities, and authorities to sponsor, establish, participate in, conduct, or administer a cooperative purchasing agreement for the procurement of any goods, materials, equipment, or services with another local public procurement unit. A “local procurement unit” is defined as: any political subdivision, public authority, educational, health, or other institution; and to the extent provided by law, any other entity, including a council of governments or an area government; nonprofit fire, rescue or ambulance company; and any nonprofit cooperation operating a charitable hospital; and
WHEREAS, it is hereby deemed to be in the best interest of the Home Rule Borough of Edinboro, to participate in CENTRAL WESTMORELAND C.O.G. (Jeannette, PA) VEHICLE & EQUIPMENT CONTRACT; and
NOW, THEREFORE, BE IT RESOLVED by the members of the Borough Council, that the Home Rule Borough of Edinboro, will participate in the CENTRAL WESTMORELAND C.O.G. in an associate membership September 30th to September 30th annually; entitled to purchase through the C.O.G., by purchasing from the VEHICLE & EQUIPMENT contract and based upon the terms and conditions of the contract and at the same prices. Further, the Home Rule Borough of Edinboro, will be responsible for the payment of the price directly to the contractor of said expenses directly related.
ADOPTED this 11th day of August, 2008.
Jean Davis seconded the motion and it passed by 7-0 roll call vote: Jean Davis, yes; Dennis Travis, yes; Michael Amidon, yes; Gregory Lucas, yes’ Clifford Allen, yes; H. Robert Cannell, yes; and Mary Ann Horne, yes.
Diesel Fuel bid through the Erie COG was available for review. Management recommended approval of Erie Petroleum Inc. for the next three years.
Robert Cannell moved acceptance of the Ultra – Low Sulpher - Regular Grade #2D Diesel Fuel bid from Erie Petroleum, Inc at $3.8294 per gallon as of June 20, 2008 with the following cents per gallon to be added to the current Gross Average OPIS prices for delivery at +$0.08 summer and +$0.15 for winter through the Erie COG. Michael Amidon seconded the motion and it passed by 7-0 voice vote.
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 on the current report. She explained the high vandalism in June was solved in July so the clearance rate is really higher. Robert Cannell reported that the traffic violations were down, a good sign.
Employee Safety Committee: Committee met August 8th.
Code Enforcement/Planning/Zoning: Report was on the Council’s desks for review.
Community Liaisons:
PLCM: Clifford Allen reported he attended the Annual meeting in June and the university network committee. They will meet again in October at the Hilton in Harrisburg. He was appointed the 2nd Vice President at the annual meeting which means the conference should be in this area in 2011. PennPrime will have police training September 18 and 19th in State College and he suggested the Chief attend.
Other Old Business:
Mayor Horne noted that the meetings are scheduled to go back to two per month in September and 7pm. We have done well with one meeting this year and wanted input on having only one meeting the remainder of the year and the second meeting be held primarily as budget workshops and finance.
Jean Davis moved and Michael Amidon seconded to have the 2nd monthly meeting agenda be primarily for finance and budget. The motion passed by 7-0 voice vote.
H. Robert Cannell moved to have the meetings at 6:30 p.m. instead of 7p.m. the remainder of 2008. Michael Amidon seconded the motion and it passed by 7-0 voice vote.
Communications:
Letter was received from Erie County Department of Health regarding oral rabies vaccine bait being dropped in this area.
Letter from Edinboro Lakeside Association was received. They thanked Council and staff for their assistance with the July 4th event.
New Business:
Mr. Amidon informed Council that attention to the Gabions along the Lakeshore . A number of people have reported to him that when fishing that substantial fish hooks are caught in it. This cause injury when people get caught on fish hooks. We need to cover them at the south end of Lakeside Drive with 2B stone like on the north end. He asked if any plans where in place to fix this problem.
Manager Jemetz informed them that the last few days the public works crew have covered the gabions them with rocks. Please call me and we can walk the area of concern if you find there still is any concern.
Clifford Allen moved for adjournment, and the meeting was adjourned at 7:50 P.M.
ATTEST:
_______________________________ _________________________________
Borough Manager Taras Jemetz Mayor Mary Ann Horne
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
August 11, 2008
· Payment of bills
· Minutes
· Payroll
· Ordinance 563
· Resolution 13-2008 Westmoreland COG
· Erie Petroleum Bid for Diesel Fuel – Erie COG- 3 yrs
· Meetings remainder of year starting in September 6:30 p.m. with 2nd meeting FINANCE budget discussion on Agenda
POSTPONED
UPCOMING MEETINGS:
August 25th 6:30 p.m. review 6mo report if needed
September 8 6:30 p.m. next Council meeting
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING AGENDA
August 11, 2008
6 p.m. Hearing on Ordinance 563
6:30 p.m. Regular Meeting
PUBLIC HEARING:
1) Call to order by Mayor Horne
2) REASON: Hearing to take public input regarding proposed Ordinance 563 (Turn over hearing to John Groh, Planning & Code Enforcement Director to read Ordinance as Advertised & continue with item 3&4 below)
3) Advertised: Edinboro News
a) Intent 7/11/2008
b) Public Hearing 7/17/2008
c) Revised Ordinance & public Hearing 7/24; 7/31
4) Correspondence:
a) E-mail: Gary Gilbert, 226 Walnut St
b) Letter Bob Capone, 104 Cherry Street
c) Letter Diana Macho, 225 Shelhamer Circle
d) Edinboro Planning Commission’s recommendation
e) Erie County Planning Commission recommendations
f) PEL Study
5) Public Participation
6) Questions and/or comments by Council members
7) Adjourn
REGULARLY SCHEDULED 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 July 14, 2008
Action: Motion to approve minutes
IV. Public Participation –
V. Old Business
1. Finance Committee/Pension Committee/ Negotiation Committee – Jean Davis Chair - Met August 11, 2008 4:00 p.m.
a. Authorization to approve bills to be paid July 29, 2008 $_52,254.18_ and August 11th $ _370,370.54_
Action: Motion to approve bills totaling $ _ 422,624.72___
b. Authorization to approve payroll ending July 12 paid July 18, 2008 totaling $ 55,011.19 and payroll ending July 26th and paid August 1, 2008 totaling $ 56,152.77
2. Ordinance Review Committee –Chair Kip Allen
A. Ordinance 563
–Consider input from hearing
--Final Reading - ACTION
3. Personnel Committee –Chair Robert Cannell
a) Opening Environmental Shade Tree Advisory Committee
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.
2. Finance:
A. Resolution 13-2008 Westmoreland COG- ADOPT
B. Advertise for CDBG Engineering & Consulting – FYI
C. Penn PRIME building appraisal service – FYI
D. Diesel fuel – Approval of COG Award Contract
3. Personnel
4 Emergency Management
5. EVFD
6. Police-– Monthly Report
7. Employee Safety Committee - Met August 8th
8. Code Enforcement/Planning/Zoning - REPORT
9. Public Works – Monthly Report
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:
A. Erie County Department of Health – Oral rabies vaccine bait – FYI
B. Edinboro Lakeside Association – Thank you to Council & Staff - FYI
VII. New Business
VIII. Adjournment
2008 EDINBORO BOROUGH COUNCIL MEETINGS
Sept 8, Sept 22, Oct 13, Oct 27, Nov 10, Nov 24, December 8th, and (if needed Dec 22nd. 4:30 p.m.)
©Copyright September 2008