HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
February 9, 2009
Call to Order:
The following Council members were present: Clifford “Kip” Allen, Dennis Travis, H. Robert Cannell, Greg Lucas, Jean Davis, and Mary Ann Horne. Absent was Michael Amidon. Also in attendance was T. Jemetz, Manager; Solicitor Marsh; and Marie Lander, Assistant to the Manager. Guests included: George Shimpeno; Mike Gido; Pam Hamilton; M J Campbell, Washington Township Liaison; and Amber Wellington of the Edinboro News.
Mayor Horne introduced the minutes from the Public Hearing and Regular Council meeting held January 26, 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 opened the meeting up to public participation. Being no one interested in speaking, she moved on to old business.
Committee Reports:
Finance Committee: Jean Davis stated that they had met today to review the bills and open purchase orders. She motioned to approve the bills with a decrease in the amount originally presented to be paid February 9, 2009 totaling $44,713.99 and Greg Lucas seconded. The motion passed by 6-0 voice vote.
Jean Davis moved approval of the payroll ending January 24 that was paid January 30, 2009 totaling $54,473.79. The motion was seconded by H. Robert Cannell and passed by 6-0 voice vote.
Jean Davis also noted that the Pension Committee would meet February 27th a 2:30 p.m.
Jean Davis motioned to approve Resolution 5-2009 as follows:
Home Rule Borough of Edinboro
Resolution 5-2009
Be it RESOLVED, that the Borough of Edinboro of Erie County, PA hereby requests an H20 PA grant of $606,000 from the Commonwealth Financing Authority to be used for the Route 6N/Willow Street Storm Sewer Project.
Be it FURTHER RESOLVED, that the Applicant does hereby designate Taras Jemetz, Borough Manager and Mary Ann Horne, Mayor as the officials to execute all documents and agreements between the Borough of Edinboro and the Commonwealth Financing Authority to facilitate and assist in obtaining the requested grant.
I, Taras Jemetz, duly qualified Manager of the Borough of Edinboro, Erie County, PA, hereby certify that the forgoing is a true and correct copy of a Resolution duly adopted by a majority vote of the Borough of Edinboro at a regular meeting held February 9, 2009 and said Resolution has been recorded in the Minutes of the Borough of Edinboro and remains in effect as of this date.
IN WITNESS THEREOF, I affix my hand and attach the seal of the Borough of Edinboro, this 9th day of February, 2009.
Clifford Allen seconded the motion. Manager Jemetz informed Council this was a grant they were applying for called the H20 Grant for the Route 6N/Willow Street (Elm Street) storm sewer project. The motion passed 6-0 by roll call vote: Jean Davis, yes; Dennis Travis, yes; Michael Amidon, Absent; Gregory Lucas, yes; Clifford Allen, yes; H. Robert Cannell, yes; and Mary Ann Horne, yes.
Jean Davis moved approval of Resolution 6-2006 as follows:
Home Rule Borough of Edinboro
Resolution No. 6-2009
WHEREAS, the agreement between the Borough of Edinboro and the International Union of Operating Engineers Local No 66,66A, B,C,D,O & R Affiliated with the AFL-CIO effective January 1, 2009 in Article 13 Health And Welfare Section 1 requires Employees to pay a monthly payroll deduction equal to the following percentage of the monthly cost of their chosen coverage, (ie. Family; Employee & Spouse, Employee & Child, or Single). 2009 3% ; 2010 5%; and 2011 7%.
WHEREAS, the form of the Cafeteria Plan effective January 1, 2009, presented to Council is hereby approved and adopted and that the duly authorized agents of the Employer are hereby authorized and directed to execute and deliver to the Administrator of the Plan one or more counterparts of the Plan.
WHEREAS, that the Administrator shall be instructed to take such actions that are deemed necessary and proper in order to implement the Plan, and to set up adequate accounting and administrative procedures to provide benefits under the Plan.
WHEREAS, that the duly authorized agents of the Employer have notified the employees of the Employer of the adoption of the Cafeteria Plan by delivering to each employee a copy of the summary description of the Plan in the form of the Summary Plan Description presented to this meeting, which form is hereby approved.
NOW, THEREFOR, BE IT RESOLVED by Council of Home Rule Borough of Edinboro, Erie County, Pennsylvania, assembled this 9th day of February, 2009 the Council certifies the attached Premium Only Plan and the Summary Plan Description.
Robert Cannell seconded the motion and it passed by 6-0 roll call vote: Dennis Travis, yes; Gregory Lucas, yes; Clifford Allen, yes; H. Robert Cannell, yes; Michael Amidon, absent; Jean Davis, yes; and Mary Ann Horne, yes. Manager Jemetz noted that this allows the employees to pay medical premium payments at pre tax dollars.
Ordinance Review: Clifford Allen stated that the committee was pending more information on the Ground Source Heat Pumps Ordinance. They were also waiting for confirmation that Washington Township passed the Ordinance to allow EVFD to charge fees before presenting Resolution to set the fees. Manager Jemetz stated he heard they were having second thoughts. Mary Jo Campbell, Washington Township Liaison, stated they were waiting for clarification on a couple items.
Clifford Allen moved to accept the final reading of Ordinance 567 amending Zoning Ordinance and Property Maintenance Code 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 the 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.
Greg Lucas seconded the motion.
Discussion followed regarding this being the third and final reading besides a hearing on this ordinance. Clifford “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, absent; Jean Davis, yes; Dennis Travis, yes; Gregory Lucas, yes; and Mary Ann Horne, yes.
Clifford Allen moved to approve the second reading of Ordinance 568, which prohibits external fuel burning appliances with penalties as follows:
HOME RULE BOROUGH OF EDINBORO
Ordinance No. 568
AN ORDINANCE AMENDING Chapter 13 OF THE CODE OF THE BOROUGH OF EDINBORO, AND SPECIFICALLY ADDING Part 6 ENTITLED, “External Fuel Burning Appliances”.
The Home Rule Borough of Edinboro hereby ordains and enacts as follows:
Part 6
External Fuel Burning Appliances
§13-601. Definition. An External Fuel Burning Appliance for purposes of this Ordinance shall be any appliance or device constructed, designed and/or used to burn oil, wood, coal, charcoal, peat, or any other fuel, which ahs been manufactured for placement outdoors, but intended and/or used for providing heat to any structure.
§13-602. Prohibition. All External Fuel Burning Appliances are hereby prohibited in the Home Rule Borough of Edinboro.
§13-603. Penalties. Any person, firm or corporation who shall construct, reconstruct, install, use and/or maintain any External Fuel Burning Appliance in the Home Rule Borough of Edinboro shall be guilty of a summary offense, and shall, upon conviction thereof, be sentenced to pay a fine of not more than Three Hundred ($300.00) Dollars, and in default of payment of such fine, shall be sentenced to a term of imprisonment not to exceed Ninety (90) Days. Every day that a violation of this Ordinance continues shall constitute a separate offense.
§13-604. Effective Date. This Ordinance shall take effect immediately.
ENACTED AND ORDAINED THIS ____ DAY OF _______, 2009 by the Council of the Home Rule Borough of Edinboro.
Greg Lucas seconded the motion.
It was noted that the notice of intent was in the newspaper and another notice would be forthcoming. Greg Lucas asked if they needed to add to the definitions after “any structure” to add for swimming pools and domestic hot water. Clifford Allen reminded everyone when the Catholic Church did construction they used one of these burners while they were in construction.
Greg Lucas motioned to have the Manager add appropriate wording to cover their intent of also swimming pools, domestic hot water or other uses. Clifford Allen seconded the motion and it passed unanimously by 6-0 voice vote. Manager Jemetz was instructed to add the appropriate wording for the final reading next meeting.
Call for a roll call vote on the motion: The motion passed unanimously by 6-0 roll call vote: Clifford Allen, yes; H. Robert Cannell, yes; Michael Amidon, absent; Jean Davis, yes; Dennis Travis, yes; Gregory Lucas, yes; and Mary Ann Horne, yes.
Personnel Committee: Robert Cannell stated that they had nothing to report this meeting.
Solicitor’s Report:
Solicitor Marsh reported that he worked on the EUP agreement; Deposition of rob & Melinda; Paul Zoning appeal; items for Mr. Groh including sign size, vacating of street; and vesting rights; and telephone calls regarding collection of water bill with the Manager.
Mayor Horne asked if he could give them update on the Millersville case. He did not have any answers at this time but he could meet in executive session to discuss litigations.
Clifford Allen moved to have executive session at the end of the meting regarding legal update on litigations and Greg Lucas seconded. The motion passed by 6-0 voice vote.
Manager: Manager Jemetz reported that the sewage plant project was behind schedule and they were not paying for the concrete until they test it since it was installed in below 20 degree weather; Town & Gown meeting tomorrow at 3 p.m.; Audit had no findings and report will be coming in Marsh; Feb 27th is Pension meeting; EVFD Banquet is Feb 28th a 6pm; Water Tower has company interested in putting antenna but nothing formal as of today; Installed energy efficient 93% furnaces in the water department and sewer plant; Joe Weindorf met and discussed consolidation of 911 system and are possible start April or May 2009 and we will need to purchase computers for each vehicle at a cost of $6000 each; Public Works is snow plowing and clearing drains for the rain; EUP contract is progressing; “SMART TRANS” and “SAFE ROUTES SCHOOL GRANTS” nothing new to report; basement space still available; and Main Street meeting tomorrow at 4 p.m. with Kim Fabrizio and Claudia Thornburg.
Clifford Allen stated he hated to cut the space into two areas when someone might want the full space. He felt they should wait until someone wanted the space. Manager Jemetz stated they had been debating that also and for the full space to be rented for $900 and two spaces could be rented for $500 each.
Clifford Allen made an observation that the men do an outstanding job on the streets keeping them clear. The garbage and recycling men dump the containers and throw them into yards and some are found on the road. He felt they should be courteous and place them back where they got them. Maybe a letter or notice to the hauler should be made to request they be more courteous. Mayor Horne added that her recycling was put upside down and when the heat hits the container the items melt and drop onto the ground. Manager Jemetz would note the observations and concerns of Council.
Code Enforcement/Planning/Zoning:
Monthly zoning report was available for review.
Water System:
Notice that the Water Authority approved an increase in the Water Tap in Fee.
Clifford Allen moved to adopt Resolution 4-2009 as follows:
HOME RULE BOROUGH OF EDINBORO
ERIE COUNTY, PENNSYLVANIA
RESOLUTION #4-2009
A RESOLUTION OF THE HOME RULE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA MODIFYING CHAPTER 43, OF THE HOME RULE BOROUGH OF EDINBORO CODE OF ORDINANCES, ANNUAL WATER AND SEWER FEE SCHEDULE
WHEREAS, the Council of the Home Rule Borough of Edinboro has established certain fees to cover the cost of the operation of sewer and water of the Borough, said fees to be increased by Resolution from time-to-time to stay current with costs; and
WHEREAS, the Council of the Home Rule Borough of Edinboro shall set these fees following the initial passage of Chapter 43, each year by Resolution at it’s annual re-organization meeting or at such time as determined necessary by the Borough Council; and
WHEREAS, the fees set forth herein have been calculated and by Hill Engineering, consulting Engineers, pursuant to regulations of the Commonwealth of Pennsylvania (Act 57-2003), and are recommended by the Water Authority of the Borough, and, furthermore, are recommended by the Superintendent of Water and the Borough Manager and made part of this resolution.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED by the Council of the Home Rule Borough of Edinboro, in meeting assembled this 9th day of February, 2009, and it is hereby resolved and enacted by and with the authority of the same as follows:
SECTION 1. WATER FEES
¾” service 1” service Other Per EDU
Customer Facilities Fee At Cost At Cost At Cost NA
Connection Fee At Cost At Cost At Cost NA
Tapping Fee NA NA NA $660.00
BE IT FURTHER RESOLVED AND ENACTED that the effective date of the fees set forth herein shall be this 9th day of February, 2009.
Greg Lucas seconded the motion. Clifford Allen asked if this and other fees were available at the counter. He was assured anyone could ask for the fee schedule.
The motion passed by 6-0 roll call vote: Gregory Lucas, yes; Clifford Allen, yes; H. Robert Cannell, yes; Michael Amidon, absent; Jean Davis, yes; Dennis Travis, yes; and Mary Ann Horne, yes.
COMMUNITY LIAISONS:
Mayor Horne asked if there were any reports.
PLCM: Clifford Allen reported for PLCM that they were called to meet and give a statement in support of the stimulus package. They would be meeting tomorrow to give a statement to request action on the stimulus package. The package will help with infrastructures including roads and bridges. Also on Wednesday we are going to meet with new legislators to inform them of the needs of local governments.
Municipal & Water Authority: Jean Davis reported that the Manager’s highlights are so good they covered everything that was reported at the Authority meetings.
COMMUNICATIONS:
Being no communications the Mayor adjourned for Executive Session.
EXECUTIVE SESSION: Meeting adjourned to Executive Session to discuss legal matters regarding Millersville and Amidon with the Solicitor at 7:12 p.m.
Mayor Horne reopened the meeting at 7:50 p.m. following executive session. She reported that they discussed two legal matters the Millersville and Amidon matters and that no decisions were made.
NEW BUSINESS:
Being no new business, Mayor Horne asked for adjournment.
Greg Lucas moved for adjournment, and the meeting was adjourned at 7:52 P.M.
ATTEST:
_______________________________ _________________________________
Borough Manager Taras Jemetz Mayor Mary Ann Horne
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
February 9, 2009
· Payment of bills
· Minutes
· Payroll
· Ordinance 567 Final reading
· Ordinance 568 2nd reading
· Change in Ordinance 568 to add:” swimming pools, domestic hot water, or other uses”
POSTPONED
1. Resolution of fees for Ordinance 564.
2.
UPCOMING MEETINGS:
February 23 4:30 pm Finance Committee Meeting
February 23 6:15 p.m. CDBG Hearing
February 23 6:30 p.m. Council Meeting
February 27 2:30 p.m. Pension Committee Meeting
1. Add wording as necessary to 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
February 9, 2009
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 & Public Hearing on Ordinance 567 of January 26, 2009
Action: Motion to approve minutes
IV. Public Participation –
A.
V. Old Business
1. Finance Committee/Pension Committee/ Negotiation Committee – Jean Davis Chair - Met February 9
a. Authorization to approve bills to be paid February 10
totaling $__45,161.48___________
b. Authorization to approve payroll ending January 24 paid January 30, 2009 totaling $ 54,473.79
c. Pension Meeting Feb 27 2:30 p.m.
2. Ordinance Review Committee –Chair Kip Allen
A. Pending:
1) Ordinance Ground Source Heat Pumps- still in review
2) Ordinance 564 adopted –Resolution to set fees tabled waiting for Township to adopt same ordinance
B. Ordinance 567 amending Zoning Ordinance & Property Maintenance Code – FINAL Reading.
C. Ordinance 568 Prohibiting External Fuel Burning Appliances with Penalties – 2nd reading
3. Personnel Committee –Chair Robert Cannell
a) Environmental Shade Tree Advisory Committee
In Process of setting up meeting to review applications
1) Opening Environmental Shade Tree Advisory Committee
A) Application William P. Alexander
2) Opening Civil Service Commission
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
C. Solicitor's Report:
D. Management's Report:
1. Manager Jemetz - Monthly Report
2. Finance: CDBG Hearing Feb 23rd 6:15 p.m.
3. Personnel
4 Emergency Management
5. EVFD
6. Police
7. Employee Safety Committee
8. Code Enforcement/Planning/Zoning - Report
9. Public Works – Monthly Report
10. Wastewater Collection & Treatment
11. Water System
a) Tap in Fee Approved by Water Authority – Resolution 4-2009
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 – Jean Davis
7. Washington Township Liaison
8. Watershed Association
9. Joint Planning Commission
E. OTHER OLD BUSINESS:
A.
VI. New Business
VIII. Adjournment
2009 EDINBORO BOROUGH COUNCIL MEETINGS 6:30 p.m.
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
©Copyright FEBRUARY 2009