Home Rule Borough of Edinboro
PUBLIC HEARING- Ordinance 567
January 26, 2009
Public Hearing was called to order by Mayor Mary Ann Horne at 6 p.m.. The following were present: Greg Lucas, Clifford Allen, Jean Davis, Mary Ann Horne, Marie Lander, John Groh, T. Jemetz, Rich Gilley; Vic Kwiatkowski, Mike Gido, Michael Carey; M. J. Campbell, Township Liaison; and Amber Wellington of the Edinboro News.
Purpose of the Hearing is to take input on Ordinance 567.
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 January 26, 2009 at 6:00 p.m. at the Home Rule Borough of Edinboro Municipal Building, 124 Meadville Street, Edinboro, PA. This Notice contains entire text of the proposed amendments to the Zoning Ordinance. A complete copy of the said proposed Ordinance No. 567 may be viewed at the Home Rule Borough of Edinboro Municipal Office during regular business hours from 8:30 a.m. to 4:30 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 567 as follows:
HOME RULE BOROUGH OF EDINBORO
Ordinance No. 567
AN ORDINANCE AMENDING Chapter 27 OF THE CODE OF THE BOROUGH OF EDINBORO, AND SPECIFICALLY AMENDING Part 2 “Definitions” and AMENDING BOROUGH OF EDINBORO PROPERTY MAINTENANCE CODE ORDINANCE 496 Section PM405.5 “Overcrowding”; and Section 902.0 “Definitions”.
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 are hereby amended by deleting the following definition:
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. “
SECTION 2. Ordinance 545 of the Code of the Borough of Edinboro, §27-202 definitions are hereby amended by amending the following 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, or any combination of such persons, 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. The restrictions placed upon regulated rental units shall apply to Student Houses. The maximum number of occupants of a Student House shall be limited to three (3) persons, whether related or unrelated and must comply with the minimum area requirements established by the Property Maintenance Code.
SECTION 3. Ordinance 545 of the Code of the Borough of Edinboro, §27-202 definitions are hereby amended by adding the following definitions:
FAMILY – A family is:
A. A single person occupying a dwelling unit and maintaining a household, or
B. Two or more relatives (as defined) occupying a dwelling unit, living together and maintaining a common household, including not more than two (2) boarders or roomers; or
C. Not more than (3) unrelated persons (see definition of related) occupying a dwelling unit, living together and maintaining a common household; or
D. Permanent group homes for the disabled or family-like living arrangements for disabled persons. Any number of disabled persons may be
treated as a “family” if they are defined as handicapped or disabled under
the Fair Housing Act Amendments to the Federal Civil Rights Act. Please
note: Handicapped or disabled persons shall be those who are so designated
under the Fair Housing Amendment (1988) to the Federal Civil Rights Act
of 1968.
This definition shall not apply to any dwelling occupied as a Student House as referenced and defined in this ordinance.
RELATED/RELATIVE (as used in definition of Family) -
A relationship or condition which connects two or more persons by blood, marriage, adoption or other legally established commitment. For the purpose of this ordinance, it shall be limited to parent(s), grandparent(s), sibling(s), aunt or uncle(s), first cousin(s), niece(s) or nephew(s). Any person not connected by the specified relationship of this definition shall be considered as unrelated.
SECTION 4. Ordinance 496 Property Maintenance Code Section 405.5 “Overcrowding” is amended by adding to read:
Section PM 405.5 OVERCROWDING - All Regulated Rental Units, including Student Houses, shall be limited to 3 unrelated occupants.
SECTION 5. Ordinance 496 Property Maintenance Code Section 902.0 “Definitions” is hereby amended as follows:
Delete definition “Unrelated”
Add the following:
Student House – as defined in Section 2 above.
Family – as defined in Section 3 above.
Related/relative as defined in Section 3 above.
SECTION 6. LEGISLATIVE INTENT
Legislative Intent: Both the Property Maintenance Code and Zoning Ordinance contain conflicting language for certain definitions. Since the enactment of Zoning Amendment, Ordinance 563, the direct relationship of the Zoning Ordinance and Property Maintenance Code is more evident and the proposed amendments should provide for continuity and similar definitions. The final goal is to avoid conflicting language and, thus reduce the likelihood of possibility of appeals and disagreements.
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 496 are hereby ratified and reenacted.
DULY ORDAINED AND ENACTED this ______day of ______, 2009, by Council of The Home Rule Borough of Edinboro, Erie County, Pennsylvania, in lawful session duly assembled.
All interested parties are encouraged to attend this Public Hearing and provide relevant testimony, if they wish. You may submit your view on the matter, either in person, by writing, or having a representative present. Any person with a disability requiring a special accommodation to attend this meeting of the Borough of Edinboro should notify the Planning & Code Enforcement Director at 734 1812 x 130 as early as possible, but not later than two (2) working days prior to the meeting. The Council will make every effort to provide a reasonable accommodation.
T.Jemetz, Borough Manager
This notice of intent was published December 11, 2008, Dec 18th and Dec 25, 2008 in the Edinboro News. The notice of Public Hearing was published on January 8, 2009 in the Edinboro News.
John Groh read highlights from correspondences:
Recommendations from the Edinboro Planning Commission: “They met December 9, 2008 to review proposed amendment Ordinance 567 and offered the following:
The Commission considered the fact the Borough’s Property maintenance Code and Zoning Ordinance are essential to maintaining a good housing stock.
The Commission also recognized the fact the two ordinances must work in conjunction to achieve fair and reasonable administration and enforcement.
To avoid ambiguity in the definition of words or terms, both ordinance should imply similar meanings.
The Planning Commission recommends Borough Council approve Ordinance 567 as drafted with the following text added: “FAMILY (add) D] Permanent group homes for the disabled or family like living arrangements for disabled persons. Any number of disabled persons may be treated as a “family” if they are defined as handicapped or disabled under the Fair Housing Act Amendments to the Civil Rights Act. Please note: Handicapped or disabled persons shall be those who are so designated under the Fair Housing Amendment (1988) to the Federal Civil Rights Act of 1968.”
Mr. Groh noted that this has been added and was so advertised with this change.
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.”
Mayor Horne opened the Hearing up to anyone wishing to give comments.
Being no residents wishing to comment on the Ordinance, Mayor Horne opened it to questions and/or comments by Council members.
Jean Davis asked if the change to both the Zoning and Property Maintenance Code was to make them both the same. John Groh stated it was no change; it was just making them alike.
Being no one wishing to speak further, Mayor Horne asked for a motion to adjourn.
Greg Lucas moved to adjourn the hearing and Mayor Horne adjourned the Public Hearing on Ordinance 567 at 6:12 p.m.
ATTEST:
__________________________ _____________________________
Manager T. Jemetz Mayor Mary Ann Horne
HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
January 26, 2009
Call to Order:
The following Council members were present: Clifford “Kip” Allen, Michael Amidon, H. Robert Cannell, Greg Lucas, Jean Davis, and Mary Ann Horne. Absent was Dennis Travis. Also in attendance was T. Jemetz, Manager; and Marie Lander, Assistant to the Manager. Guests included: Rich Gilley; Vick Kwiatkowski; Mike Gido; Michael Carey; M J Campbell, Washington Township Liaison; and Amber Wellington of the Edinboro News.
Mayor Horne introduced the minutes from the organizational meeting and regular Council meeting held January 5, 2009. Clifford Allen moved for approval of the minutes as printed. Greg Lucas seconded, and the minutes were approved by a voice vote of 6-0.
Mayor Horne introduced Chris Lovell, General Manager of COAX Cable who Manager Jemetz had asked to attend to answer resident and Council questions.
Chris Lovell that COAXIAL position was that April 1, 2009 they will eliminate any old analog stations and move to the DIGITAL age. This will be the first Cable station to abandon their analog products and offer more services since analog uses a lot of bandwidth. HD is also new and digital is not HD. We will get higher internet speeds when the analog goes away.
Robert Cannell asked if it would be an additional expense to residents.
Chris stated there would be no additional expense. The old box costs $350 per box and the new box will be $85 per box so they are giving up to 3 free to each household. Bills just sent out have an insert with the changes. Basic Cable customers if they have a digital television they do not need the box but if not digital ready you will need a new box by April 1, 2009. COAX is looking at internet and getting more speed as well as additional channels with interactive programs. We will do transition first then think out when and how many HD programs.
Greg Lucas asked if there was any HD programming presently.
Chris Lovell stated presently there are two: WSEE and WJET. We are not increasing fee for this. Satellite receivers costs $8000 each and we are not passing on programming costs to customers with basic digital and total digital they will have 20 HD available. Digital light will have no HD only 21 channels. April we will launch HD and digital channels. The final list is still in contract process and the HD tier will be charge.
Again Chris Lovell explained the Basic digital will have 67 channels and costs $44.20 month; Digital light is reduced package and costs $25.95 month and total digital will have 143 channels.
Jean Davis stated she had someone come in by appointment to install her box. She wanted Mr. Lovell to know he did a great job. She also wondered about the local channel jumping.
Chris Lovell stated that the local stations are on one antenna and bandwidth is freezing. After they shut off the analog this should go away.
Clifford “Kip” Allen asked about the voice volume going up and down.
Chris Lovell stated this is a different issue. Different stations that is broadcaster’s signals we filter some down. There is no happy medium ads always get louder because they are programmed so people going to the refrigerator at commercials hear them. Chris stated if problem call 734 1424 option 2 and we have tech working 24 x 7 and he can walk you through and fix problems.
Chris was thanked for attending the meeting. He stated if there are problem he wanted to know.
Robert Cannell stated that their service was great and gave praise to his staff.
Manager Jemetz stated that with reclaiming roads in the Borough that Coax has been gracious to move their lines and also to run the internet to our sewer treatment plan at below costs.
Mayor Horne asked if have new TV she was told she still need the box.
Chris Lovell again stated that the company made a decision in November to give everyone boxes with the intent to encrypt (scramble) the signal to every TV. We listened to customers that didn’t want the box so if you only have basic cable or digital light you will not need the box. Your new TV must have a digital tuner not just digital ready.
Mr. Amidon asked if he bought it in the last 6 months would it have a digital tuner.
Chris Lovell stated that the companies may have produced up to June 2008 TV without digital tuners and still have them in stock and selling them. Make sure they have digital tuners.
Michael Gido, 207 Beech Street:
I have two televisions and since the boxes were installed the menu has changed.
Chris Lovell stated that six months ago we had an old channel map and in January we got the new line up changes. The technician can make the upgrades to the boxes. In 2009 there will be no more channel changes.
Clifford Allen asked what the current box status was.
Chris reported that they had 3000 in the warehouse available as needed.
Mayor Horne thanked Chris Lovell for attending and answering all the questions.
Chris Lovell stated if any issues come up to please let him know. Also anyone in the office can help those who need help.
Being no other residents present wishing to speak, Mayor Horne moved on to Old Business.
Mayor Horne stated since she did not hear from any Councilman requesting a change in assignments she would leave the Committees and Liaisons as they were in 2008.
Committee Reports:
Finance Committee: Jean Davis stated that they had met today to review the bills and open purchase orders. The auditors are in the building starting today and they discussed their audit process with us. She motioned to approve the bills as presented for the bills to be paid January 27, 2008 totaling $728,201.62 and Robert Cannell seconded. The motion passed by 6-0 voice vote.
Jean Davis moved approval of the payroll ending January 10 that was paid January 16, 2009 totaling $62,254.77. The motion was seconded by H. Robert Cannell and passed by 6-0 voice vote.
Ordinance Review: Clifford Allen stated that the committee met January 19th at 1:30 p.m. Those present were Jean Davis, John Groh, Manager Jemetz, Marie Lander, and himself, Kip Allen. They discuss several ordinances including Ground Source Heat Pumps; Fee Schedule for Ordinance 564; Design Review; Rental lease procedures being revamped; outdoor burners; and correspondence on Ordinance 567.
Clifford Allen moved to authorized advertisement of intent to adopt Ordinance 568 which prohibits external fuel burning appliances with penalties and to have the 1st reading. Jean Davis seconded the motion.
Discussion followed regarding two more readings. It was noted as far as the Council was aware there was no one with one or looking to install one at this time. The external box usually burns wood and pumps water through the house. It is disruptive to the neighborhood being messy with wood stock piled and smoke from the unit.
Greg Lucas stated he was torn at first on this ordinance since some of his friends in the Township have them. They are all in the county and stack up 12 cords of wood annually and some burn 10 tons of coal so they have a large piles of wood or coal that clutter the yards and a lot of smoke. With the size of lots in the Borough and with the set backs they would not have enough room to safely use them.
Clifford Allen stated that the smoke in the country not a big bother and fireplaces have chimney’s high at the peaks to get the smoke away but the burners don’t.
Jean Davis stated that several years ago the Borough banded burning leaves because the smoke can hurt those with asthma. Having a granddaughter with asthma she was sensitive to smoke.
Clifford Allen stated we are being proactive to address this and we will have two more reading to allow residents to give input. If someone comes forward with a good argument we can change our thought process.
Michael Amidon stated he agreed burning of leaves too much smoke. A burner should be at max 6’ tall. He stated he was going to be the devils advocate and say they use for energy. So if someone wants to put up a windmill or solar panels will we also vote against them doing it? Make sure down the road we are not fringing on peoples rights.
Mayor Horne stated that when she does laundry and her neighbors are burning in the fireplace indoors the clothes get the smell. She could not imagine having an outside burner that close.
Call for the vote: Michael Amidon, yes; Jean Davis, yes; Dennis Travis, absent; Robert Cannell, yes; Gregory Lucas, yes; Clifford Allen, yes; and Mary Ann Horne, yes. Motion passed by 6-0 roll call vote.
Clifford Allen moved to have the second reading of Ordinance 567 amending Zoning Ordinance and Property maintenance Code. Jean Davis seconded the motion.
Discussion followed that the hearing was held tonight before the regular meeting. It was explained that it was updating definitions to make them clear and to agree in both documents. Kip Allen stated this is a matter of house keeping clearing up definitions so they can be understood.
Motion passed 6-0 by roll call vote: Clifford Allen, yes; H. Robert Cannell, yes; Michael Amidon, yes; Jean Davis, yes; Dennis Travis, absent; Gregory Lucas, yes; and Mary Ann Horne, yes.
Personnel Committee: Robert Cannell stated that they had one application for the Environmental Shade Tree Advisory Committee and no applications for the Civil Service Commission. They would work on setting up interviews for the positions.
Public Safety Committee: Mary Ann Horne reported that they met on January 19th with the following present: Greg Lucas, Robert Cannell, Chief Craft, Manager Jemetz, and herself. They reviewed the investigator position; new vehicle for police; and the K-9 unit vehicle.
Solicitor’s Report:
Solicitor Marsh was unable to attend this meeting.
Manager: Manager Jemetz reported that the sewage plant project was behind schedule; Public Works working on snow removal; EUP agreement with legal; office space was available for rent; applied for the smart transportation and safe routes to school but nothing to report; favorable decision by Zoning Hearing Board; Dispatch 911 up and running in Corry and we are next. 911 dispatch will retain redundancy incase of problems, but this will save us and the EVFD much with the County taking over dispatching. Also he informed Council that Town Gown would be meeting if anyone wanted to attend.
Michael Amidon felt that with the sewer plant issue that a letter should be sent to the contractor reminding them of penalties.
Manager Jemetz stated that is HRG job who is administering the contract. They have already been reminded.
Police:
Reports for year end were available with EUP related percentage at 47%. Councilman Cannell noted that it was an outstanding report with crimes down 12% over last 4 years and traffic arrest down 31%. Manager Jemetz stated that the Police were doing a good job. Councilman Cannell felt it took a good leader to have a good department.
Code Enforcement/Planning/Zoning:
Monthly zoning report was available for review.
COMMUNITY LIAISONS:
No reports.
COMMUNICATIONS:
Notice from Chromalox Precision Heat and Control was received that they would be permanently suspending all operations and related functions. They will be eliminating positions starting on or about the week of April 6, 2009 and concluding on or about September 2009. It was noted by Clifford Allen, that this is a sign of the times and economy and a federal requirement to notify the Borough.
EVFD notice of annual installation of Officers and Awards Banquet would be held February 28th. Council members stated they would be out of town. Manager Jemetz stated he would be attending on their behalf.
NEW BUSINESS:
Being no new business, Mayor Horne asked for adjournment.
Greg Lucas moved for adjournment, and the meeting was adjourned at 7:40 P.M.
ATTEST:
_______________________________ _________________________________
Borough Manager Taras Jemetz Mayor Mary Ann Horne
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
January 26, 2009
· Payment of bills
· Minutes
· Payroll
· Advertisement intent to adopt Ord 568
· Ordinance 567 2nd reading
· Ordinance 568 1st reading
POSTPONED
1. Resolution of fees for Ordinance 564.
2.
UPCOMING MEETINGS:
February 9 4:00 pm Finance Committee Meeting
February 9 Authority meeting 5 p.m.
February 9 Council Meeting 6:30 p.m.
February 23 6:15 p.m. CDBG Hearing
February 23 6:30 p.m. Council Meeting
1. Advertise Ordinance 568.
2. Set up meeting of Personnel Committee to interview
3. Information on Ordinance Ground Source Heat pumps to Ordinance Review
4. Check with Washington Township on status of EVFD Fee Ordinance
5.
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING AGENDA
January 26, 2009
6 p.m. Public Hearing – Ordinance 567
PUBLIC HEARING:
1) CALL TO ORDER: by Mayor Horne
2) REASON: Hearing to take public input regarding proposed Ordinance 567 (Turn over hearing to John Groh, Planning & Code Enforcement Director to read Ordinance as Advertised & continue with item 3&4 below)
3) ADVERTISED: in Edinboro News
a) Intent 12/11/2008; 12/18/2008; 12/25/2008
b) Public Hearing 1/8/2009
4) Correspondence:
a) Edinboro Planning Commission’s recommendation
b) Erie County Planning Commission recommendations
5) Public Participation
6) Questions and/or comments by Council members
7) Adjourn
REGULARLY SCHEDULED MEETING
6:30 p.m. Regular Meeting
I. Call to Order of the Regular Council Meeting by Mayor Horne
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 & Organizational Meeting of January 5, 2009
Action: Motion to approve minutes
IV. Public Participation –
A. Chris Lovell, General Manager COAX Cable TV
V. Old Business
1. Finance Committee/Pension Committee/ Negotiation Committee – Jean Davis Chair - Met January 26
a. Authorization to approve bills to be paid January 27
totaling $_728,201.62____________
b. Authorization to approve payroll ending January 10 paid January 16, 2009 totaling $ 62,254.77
2. Ordinance Review Committee –Chair Kip Allen
A. Meeting held January 19th 1:30 p.m.
1) Ordinance Ground Source Heat Pumps- still in review
2) Ordinance 568 Prohibiting External Fuel Burning Appliances with penalties—1st reading & authorize advertising
B. Ordinance 564 adopted –Resolution to set fees tabled waiting for Township to adopt same ordinance
C. Ordinance 567 amending Zoning Ordinance & Property Maintenance Code – Hearing Prior meeting – 2nd Reading.
3. Personnel Committee –Chair Robert Cannell
a) Environmental Shade Tree Advisory Committee
1) Opening Environmental Shade Tree Advisory Committee
A) Application William P. Alexander
B) Set meeting to review application and meet applicant
2) Opening Civil Service Commission
4. Public Safety –Chair Mary Ann Horne
a) Met January 19th
5. Recreation/Lake/Environment –Chair Dennis Travis
6. Street, Buildings, and Grounds- Chair Greg Lucas
7. Committee of the Whole
C. Solicitor's Report:
D. Management's Report:
1. Manager Jemetz - Monthly Report
2. Finance:
3. Personnel
4 Emergency Management
5. EVFD
6. Police – December Annual Report
7. Employee Safety Committee
8. Code Enforcement/Planning/Zoning - Report
9. Public Works – Monthly Report
10. Wastewater Collection & Treatment
11. Water System
D. Community Liaisons
1. EUP Liaison
2. Environmental Shade Tree Advisory Committee
3. Erie County Planning Liaison –
4. EVFD Board Liaison –
5. PLCM
6. Municipal & Water Authority -
7. Washington Township Liaison –
8. Watershed Association -
9. Joint Planning Commission –
E. OTHER OLD BUSINESS:
A. Chromalox – Notice closure
B.
VI. New Business
VIII. Adjournment
2009 EDINBORO BOROUGH COUNCIL MEETINGS 6:30 p.m.
Jan 26, Feb 9, Feb 23, March 9, March 23, April 13, April 27, May 11, June 8, June 33, July 13, July 27, August 10 August 24, Sept 14, Sept 28, Oct 12, Oct 26, Nov 9 Nov 23, & Dec 14th
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