HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
July 13, 2009
Call to Order:
The following Council members were present: Clifford Allen, H. Robert Cannell, Greg Lucas, Jean Davis, and Mary Ann Horne. Members absent were Michael Amidon and Dennis Travis. Also in attendance was T. Jemetz, Borough Manager; Solicitor Marsh; and Marie Lander, Assistant to the Manager. Guests included: Kathy Amidon; Mary Jane Campbell, Washington Township Liaison; Bridget Jeffery, Nick Gerai; and Amber Wellington of the Edinboro News.
Mayor Horne introduced the minutes from the Regular Council meeting held June 8, 2009. Jean Davis moved for approval of the minutes as printed. Greg Lucas seconded, and the minutes were approved by a voice vote of 4-0-1 with H. Robert Cannell abstaining because he was not present.
Being no one wishing to speak to Council, Mayor Horne moved on to old business.
Committee Reports:
Finance Committee: Jean Davis stated that they had met June 29th and today to review the bills and open purchase orders and recommends approval. Jean Davis motioned to approve the bills paid June 29th totaling $303,709.63 and those to be paid July 13, 2009 totaling $67,165.89 and Robert Cannell seconded. The motion passed by 5-0 voice vote.
Jean Davis moved approval of the payroll ending June 13 that was paid June 19, 2009 totaling $56,175.68 and the payroll ending June 27 and paid July 2 totaling $60,162.75. The motion was seconded by Robert Cannell and passed by 5-0 voice vote.
Jean Davis noted that at the Pension Committee would meet July 29th at 3 p.m..
Ordinance Review: Clifford Allen gave the review of the meeting of July 7th. They met at 1:30 to discuss the Nuisance Ordinance; County Sales Tax; and considered for later date Solar Ordinance, Windmill Ordinance, and Water Aquifer protection Ordinance. Meeting was adjourned at 2:25 p.m.
Clifford Allen moved to adopt the first reading and to advertise the Ordinance #571 regarding Property Nuisance Code. The motion was seconded by Jean Davis.
HOME RULE BOROUGH OF EDINBORO
Ordinance No. 571
AN ORDINANCE AMENDING Chapter 5 OF THE CODE OF THE BOROUGH OF EDINBORO, BY ESTABLISHING PART 3, PROPERTY NUISANCE CODE. AN ORDINANCE DEFINING AND REGULATING CERTAIN ACTVITIES DECLARED A NUISANCE AND PRESCRIBING PENALTIES FOR SUCH VIOLATIONS
WHEREAS, the Borough of Edinboro has previously adopted and enacted ordinances to regulate zoning and property maintenance
WHEREAS, to eliminate possible ambiguity and contradiction in the administration and enforcement of Borough of Edinboro ordinances
WHEREAS, the Borough of Edinboro realizes the nature of certain activities, if not corrected promptly can create a nuisance to neighboring properties and the borough as a whole
WHEREAS, the Borough has the power and duty to enact ordinances that promote the health, safety and general welfare of the residents and visitors
THEREFORE, the Home Rule Borough of Edinboro hereby enacts the following:
SECTION 1. Administration and Enforcement: The Edinboro Building Code Department shall administer and enforce the provisions of this ordinance. The ordinance will be known as the Borough of Edinboro Property Nuisance Ordinance
SECTION 2. Definitions : For the purpose of this ordinance, the following definitions shall be applied to words and terms herein after
Nuisance: An activity or action which interferes with the reasonable use and enjoyment of neighboring and affected adjoining properties
Garbage: Animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food
Rubbish: Combustible and non-combustible waste materials, except garbage. The term shall include residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust, and other similar materials and animal feces
Clutter: An accumulation of items other than garbage, trash, refuse, rubbish or recyclables in such a manner that it would be deemed a nuisance by reasonable living standards. Examples of this would include but not limited to; construction materials not associated with a current construction project of steady, significant progress; automobile parts, appliances, bicycles, etc.
Recycling: The proper collection and storage items and materials for future reuse thru industrial processes. This includes but not limited to plastics, newspapers, paper, glass, etc which are disposed at regular intervals.
Composting : a method of disposal for household foodstuffs, wastes, leaves, grass/yard clippings, etc. thru biological conversion or breakdown for alternate use.
Non-operating Motor Vehicle: A motor vehicle which lacks current registration / licensing and or inspection. A vehicle which is in a condition of major disrepair or disassembly. A vehicle which, due to its’ condition is not permitted on public streets
Recreational Equipment : Including but not limited to recreational vehicles, motor homes, campers, watercraft (including boats, personal watercraft, canoes, kayaks and trailers used to transport such equipment) and off road vehicles ( including three and four wheel all terrain vehicles, snowmobiles, etc and the trailers used to transport such vehicles). This definition includes that found in the Borough Zoning Ordinance Section 407.2 (i)
Grass: Vegetation planted in yard spaces and parcels for ornamental purposes.
Weeds: Any noxious vegetation planted or existing not for ornamental purposes. This may include any species not considered grass
Curbside placement and return of trash receptacles: The time frames established for curbside trash can placement for pickup by trash haulers and the proper return location after pickup. This time frame is prescribed in the Borough of Edinboro Solid Waste Ordinance #20- 104 F.
Outdoor and patio furniture. A type of furniture designed and manufactured in a manner suitable for outdoor use. This definition does not include indoor furniture designed and manufactured for inside use only.
Vocational Vehicle A vehicle utilized for vocational and business pursuits that is driven by the occupant of the property. It shall be limited in capacity to no more than ¾ ton as commonly described. This definition shall not include buses or tractor/ trailer combinations whether connected or disconnected.
SECTION 3 Specific activities declared a nuisance . The following activities are deemed a nuisance and therefore, in violation of this ordinance.
A] The height of grass or weeds on private property that exceeds eight inches (8”). Any vegetation or flowers planted for ornamental or decorative purposes are exempted. Violations must be corrected within three (3) calendar days of the date of the Violation Notice
B] The storage of any non-operating motor vehicle on private property unless permitted by established zoning ordinance. Vehicles in a state of disrepair or disassembly stored in an enclosed garage are exempted. Violations must be corrected within ten (10) calendars days of the date of the Notice of Violation.
C] The improper storage and placement of recreational equipment (as defined) on private property. See Edinboro Zoning Ordinance Section 407.2 (i)
D] The improper storage and placement of vocational vehicles on private property
E] The exterior accumulation of garbage, rubbish, trash, junk items or recyclables on private property. This shall not include items properly set curbside for pickup by trash haulers as described in the Solid Waste Ordinance. Violations must be corrected within three (3) days of the date of Notice of Violation.
F] The untimely placement or return of trash cans for regular trash pickup as regulated by the Borough of Edinboro Solid Waste Ordinance #20-104 F Violations must be corrected immediately
G] The placement of indoor type furniture in yard areas and open porches. Violations must be corrected immediately
H] Dumping or placement of items such a leaves into open drainage ditches. Violations must be corrected within 24 hours.
I] An accumulation of clutter (as defined) in yard areas. Items in violation must be removed and /or stored correctly within 7 days.
SECTION 4 Notice of Violation Upon investigation of complaint or thru casual observation and determination by the Building Code Dept that a violation exists, a notice shall be served to the property owner, tenant, or responsible party. The violation notice may be served in person / posting of notice or by USPS Certified Mail, First Class mail or via email. The notice shall contain the following information ;
A] Name and address of owner/tenant/ responsible party
B] Address and date of violation
C] Specific section of ordinance which is in violation
D] Action required to correct the violation
E] Date and or time period within which it is to be corrected
F] Fines and penalties to be assessed if the violation is not corrected
SECTION 5 Penalties and Fines All violations of this ordinance shall be processed as a Non Traffic Citation. Fines and penalties shall be sought thru the local District Courts. Each offense is deemed a Summary Offense and subject to a fine of not more than $25.00 first offense, $50.00 second offense and $100.00 for third offense. Each day following the passage of the required compliance shall constitute a separate violation. Any costs incurred in the enforcement of this ordinance shall also be sought. Failure to pay penalties, fines and costs shall cause the Borough of Edinboro to file municipal liens against the property. The fees can be amended annually at the first meeting of Council each year or as deemed necessary by resolution of Council.
SECTION 6 Abatement The Borough of Edinboro may, at its’ discretion abate any nuisance if not corrected by the responsible party. The borough shall also demand payment for costs incurred in the abatement of such nuisance. Failure to reimburse the Borough of Edinboro for such costs will result in additional civil action.
SECTION 7 Saving Clause Any provision of this ordinance found to be unenforceable shall not deem the entire null and void. Provisions of this ordinance may be amended or repealed as Borough Council deems necessary.
SECTION 8 Repealer Clause Borough Council may repeal any part of this ordinance. Any part of this ordinance found to be inconsistent with law may be repealed without nullifying the entire ordinance.
SECTION 9 Repeal of certain sections of existing ordinances The following sections of existing ordinances are hereby repealed with the remaining sections of said ordinances to remain in effect:
Ordinance 496 International Property Maintenance Code
PM 303.4 Grass and weeds
PM 303.8 Motor Vehicles
PM 306.1 Accumulation of rubbish or garbage
Ordinance 545 ( as amended) Zoning Ordinance
Section 407.2 (j) Parking of Vehicles ……
Section 407.2 (k) Outdoor storage of inoperative vehicles ……
SECTION 10 Amendments to existing ordinances
Ordinance 506 Solid Waste Ordinance
Section 20-104 F to add the following : “Violations of this provision are subject to enforcement thru the Borough Property Nuisance Ordinance”
ENACTED AND ORDAINED THIS ____ DAY OF _______, 2009 by the Council of the Home Rule Borough of Edinboro.
Discussion followed and Mr. Allen stated that this is more user friendly for management and residents can choose the court system if they wish. This is not to punish people but to enforce our rules on the books. This is just good government.
The motion passed by 5-0 roll call vote: Michael Amidon, absent; Jean Davis, yes; Dennis Travis, absent; Robert Cannell, yes; Gregory Lucas, yes; Clifford Allen, yes; Mary Ann Horne, yes.
Clifford Allen went on to introduce Resolution 15-2009 and Jean Davis seconded. Clifford Allen asked that it be amended to add “support concept even if name changes during legislative process”. Jean Davis seconded the motion and it passed by 5-0 voice vote to read as follows:
Home Rule Borough of Edinboro
RESOLUTION 15 - 2009
A RESOLUTION OF BOROUGH COUNCIL, OF THE HOME RULE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA, DECLARING ITS SUPPORT TO THE 1% COUNTY OPTION SALES, USE, and OCCUPANCY TAX before the General Assembly.
WHEREAS, a County Option Sales, Use, and Occupancy Tax would be levied and collected on the state base; and
WHEREAS, the Tax would be levied by the County and split 50% County and 50% municipalities; and
WHEREAS, the Council acknowledges that employee healthcare costs, fuel costs, road maintenance/construction materials costs, and municipal obligation to pension plans all continue to rise, while revenue tools have remain unchanged for years; and
WHEREAS, the Borough’s main source of revenue is real estate property tax and earned income tax; and
WHEREAS, the County Option Sales, Use, and Occupancy Tax will provide a reliable, on-going source of revenue; and
WHEREAS, Home Rule Borough of Edinboro, Erie County, desires to provide property tax relief with 60% of it’s share and the remaining 40% to reduce other municipal tax or fee or to make supplemental appropriation in accordance with a county or municipal intergovernmental cooperative, for the purpose of providing governmental services on behalf of the county or municipality; and
WHEREAS, the Home Rule Borough of Edinboro Council strongly urges the General Assembly and the County of Erie to enact a county sales, use and occupancy tax and intend to accept disbursements of the sales, use and occupancy tax collected; and
WHEREAS, the Home Rule Borough of Edinboro Council strongly supports the concept even if the name changes during legislation process; and
NOW, THEREFORE, BE IT RESOLVED by Council of the Home Rule Borough of Edinboro, Erie County, Pennsylvania, that it strongly urges the General Assembly and Erie County Council to enact a 1% County Sales, Use, and Occupancy Tax.
RESOLVED, by the Borough Council of the Home Rule Borough of Edinboro at a meeting held on the 13th day of July, 2009.
Motion seconded by Robert Cannell and discussion followed.
Clifford Allen stated that is to show that the Council is in support of the legislation and will have to officially adopt it at a latter time. It would be a 60% property tax reduction and 40% reduction tax or fee or supplemental appropriation in accordance with intergovernmental cooperative. Using 2006 numbers from Erie County it would possibly bring the Borough $196,000. He also noted that the commonwealth currently has a 6% sales tax; Allegheny county 7% and Philadelphia a 7 %( looking at an 8%). This would bring property tax relief to Erie County that would stay in Erie County.
Resolution 15-2009 passed by 4-1 roll call vote: Clifford Allen, yes; H. Robert Cannell, yes; Michael Amidon, absent; Jean Davis, yes; Dennis Travis, absent; Gregory Lucas, no; Mary Ann Horne, yes.
SOLICITOR:
Attorney Marsh stated he was significantly working on the sewer plant issues. The Paul’s hearing was decided in support of the Borough. It was regarding a non conforming use and they tried to beat an ordinance. Also he stated he was working on an ordinance interpretation for John Groh.
Manager Jemetz reported on the sewage plant project progress stating the Kraneck claims they will be complete in 6-7 weeks and the Township is contemplating liquid damages and contractor default. Hands request has no new information.
Bids for the 6N Willow storm sewer project was received as follows:
Bidder Address Total Price
Chivers Construction Fairview, PA $434,009.24
McLallen Construction Erie, PA 465,664.50
Ray Showman Jr. Excavating Waterford, PA 407,608.00
Combine Construction Sharon, PA 547,819.50
Manager Jemetz noted that the Engineer and management both recommend the lowest bidder Ray Showman Jr. Excavating. Jean Davis moved and Clifford Allen seconded to award the 6N West & Willow Storm Sewer Project to Ray Showman Jr. Excavating at $407,608.00. The motion passed by 5-0 voice vote.
Manager Jemetz went on to explain that Hill Engineering is also exploring options for flooding on Aspen Way and should have options by next month. Joint Planning Commission met July 7th and it will be discussed later. Cherry Street is almost ready for reclamation. Bulk water with Washington Township has no change in the status at this time. Hillcrest cracking has one year warranty and have asked the company for a solution to the problem. Lakeside and Cherry Corning home has been allowed to demolish it and rebuild out of the right of way per approval of the Zoning Hearing Board.
Clifford Allen stated that the demolish and rebuild of the home will increase the value of the neighborhood. He also noted that he heard that there were still a few cars going the wrong way on the Lakeside and speeding over 15 mph and Mr. Allen recommended the police use bike control to address this. Mayor Horne stated they also should address the vehicles going too fast on Monroe Street.
Finance: Notice of 2008 dividend of $282 was received from U-Comp.
Police: Monthly reports were received and reviewed.
Employee Safety Committee: Minutes of June 12th meeting and agenda for July 10th meeting were available for review. Mandatory training would be held July 15th and July 16th. Clifford Allen stated that the provider of insurance certifies the committee and come to give training. Manager Jemetz informed him the audit was inspection by Labor & Industry and not the provider. The inspection report ahs not been received. Mayor Horne noted that they were glad to see more information on this committee.
Code Enforcement/Planning/Zoning: Monthly report for June was available for review and notice of Zoning Hearing.
COMMUNITY LIAISONS:
EVFD: Mayor Horne reported that she attended the meeting Monday night. They have only 43% contributions from their mailing and will be cutting budget items. A second letter will be going out to the non-responders to the first letter.
Municipal & Water Authority: Met tonight and was reported in the Manager’s report.
Washington Township: Jean Davis reported she attended the July 7th meeting where they did regular business. They went into executive session regarding sewer plant progress. Discussed flooding on Woodland Drive and water lines discussed regarding putting under 79 to western part of the Township that is already sewered.
Joint Planning Commission: Minutes of June 20th meeting was available for review. Greg Lucas read the Joint Planning Commission recommendation to be discussed at the July 8th meeting. “Specific Plan Recommendations (Amended 2010); 1. It is recommended that water service should accompany all sewer service expansion projects in the region.” This was fine since water should follow sewer in areas. “2. It is recommended that all commercial and industrial zoned parcels in the region with potential development projects that will create employment opportunities be considered for assistance in extending sewer and water services either though a cooperative arrangement or creative financing alternatives with the cooperation of Erie County and the General McLane school district.” Greg explained this was LERTA. “3. It is recommended that a study with the cooperation of the Pennsylvania Department of Community and Economic Development be initiated to study the consolidation of municipal services for the region for the purpose of promoting economic development.” Greg explained this had changed language from last time. They first wanted a study of consolidation of authorities and it was voted down. When read it sounded the same with sharing instead of consolidation. Greg Lucas stated he talked with the Municipal Authority and he will go back and resend his vote on this item only. He would vote for “support consolidation or merger study of municipalities.” Discussion followed that all three municipalities need to agree on a study to be able to spend funds.
Jean Davis moved that the only option they would consider was a DCED study of consolidation or merger of municipalities and it was seconded by Greg Lucas.
Jean Davis felt that it was not fair to be misleading. We need to let everyone know up front and right now that we have cooperation and have a contract to process sewer and do not need merger of Authorities. A Township member is on our Municipal Authority at this time and the project under discussion last 10 years. The plant for the Township was the solution and it is not beneficial to discuss merger of authorities in the future.
Clifford Allen stated when the vote came for a study commission Washington Township went to court to stop the study of merger and consolidation. We don’t need merger of authorities to provide services and we are providing services already.
Mayor Horne stated she also agreed.
Clifford Allen stated the economic times and Manager has been cutting more for less. We can not spend money if we agree we will not carry though with it.
Motion passed by 5-0 voice vote.
Greg Lucas went on to read the fourth specific plan recommendation: “4. It is specifically recommended that sewer and water service should be expanded west of the State Route 6N and 1-79 interchange to promote economic development and growth.” Greg felt this item and 1 and 2 were fine but he would see about 3 at the next meeting.
He went on to explain that Fabrizio was present at the meeting to discuss economic development and PennDOT regarding the 6N study. Next meeting is August 12th at 7 p.m.
After more discussion, it was agreed that the Manager would give a copy of the motion of Council regarding item 3 to discuss ahead of time.
Being no other reports, Mayor Horne moved on to Communications.
COMMUNICATIONS\NEW BUSINESS:
Letter from the McDonald Group, LLP regarding Cable Franchise Agreement with COAXIAL expiring 1/1/2011. Per the agreement a notice on behalf of COAXIAL must be sent eighteen months before the end of any five year term explaining term to expire. Per this letter notice has been received.
NEW BUSINESS:
Being no new business, Mayor Horne asked for a motion to adjourn.
Robert Cannell moved for adjournment, and the meeting was adjourned at 7:30 P.M.
ATTEST:
_______________________________ _________________________________
Borough Manager Taras Jemetz Mayor Mary Ann Horne
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
July 13, 2009
· Payment of bills
· Minutes
· Payroll
· Bid award – Showman $407,608
· First reading Ordinances 571 – Summary offences
· Resolution 15-2009 Support 1% County Sales Tax
· Motion giving Council’s stand on consolidation or sharing authorities – only interested in study of consolidation or merger of municipalities
POSTPONED
1. Appointments to Environmental Shade Tree Advisory Committee
UPCOMING MEETINGS:
July 27 1:30 pm Finance Committee Meeting
July 29 2:00 p.m. Finance Committee Meeting
July 29 3:00 p.m. Pension Committee Meeting
August 10 4:00 p.m. Finance Committee Meeting
August 10 5:00 p.m. Authority Meetings
August 10 6:30 p.m. Council Meeting
August 12 7:00 p.m. Joint Planning Commission
1. Letter to award bid
2. Manager to contact Township regarding motion on consolidation or merger
3. Advertise ordinance 571 & post appropriately in window
4. Send Resolution 15-2009 to County & PLCM
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING AGENDA
July 13, 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 of June 8, 2009
Action: Motion to approve minutes
IV. Public Participation –
A.
V. Old Business
1. Finance Committee/Pension Committee/ Negotiation Committee – Jean Davis Chair - Met June 29th and July 13, 2009
a. Authorization to approve bills paid June 29th
totaling $303,709.63__ and those to be paid July 13th totaling $_67,165.89_
b. Authorization to approve payroll ending June 13 paid June 19, 2009 totaling $ 56,175.68 & Payroll ending June 27 Paid July 2 totaling $ 60,162.75
2. Ordinance Review Committee –Chair Kip Allen
A. Committee Minutes July 7, 2009
B. Ordinance 571 – Property Nuisance Code – 1st reading & authorize advertising
C. Resolution 15-2009 – Support of the 1% County Option Sales, Use, & Occupancy Tax - ACTION
3. Personnel Committee –Chair Robert Cannell
1) Opening Environmental Shade Tree Advisory Committee
A) Application William P. Alexander
B) waiting other applicants that requested interview
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:
A. CDBG AWARD Bid – ACTION
1) bid advertisement
2) Engineers recommendation
3) tabulation of bids received
B. U-Comp – received dividend check $282.-FYI
3. Personnel
4 Emergency Management
5. EVFD
6. Police : Report - FYI
7. Employee Safety Committee - FYI
a) Minutes of June12th meeting
b) Agenda July 10th meeting
c) Mandatory training July 15th 11 a.m. -? – office to be closed
8. Code Enforcement/Planning/Zoning-
A) Monthly Report June
B) Zoning Hearing advertisement - FYI
9. Public Works
10. Wastewater Collection & Treatment
11. Water System
D. Community Liaisons
1. EUP Liaison - Mary Ann Horne alt TJ
2. Environmental Shade Tree Advisory Committee – Mary Ann Horne
3. Erie County Planning Liaison – Robert Cannell alt TJ
4. EVFD Board Liaison – Mary Ann Horne
5. PLCM - Kip Allen alt TJ
6. Municipal & Water Authority – Jean Davis - met tonight
7. Washington Township Liaison - Jean Davis alt Greg Lucas
8. Watershed Association - Mary Ann Horne
9. Joint Planning Commission – Greg Lucas –
a) Meeting minutes June 10th - FYI
b) Agenda July 8th - FYI
E. OTHER OLD BUSINESS:
A. The McDonald Group - Cable Franchise Agreement – Notice
B.
VI. New Business
A.
B. Next meeting August 10th – (July 27th only if emergency)
VII. Adjournment
2009 EDINBORO BOROUGH COUNCIL MEETINGS 6:30 p.m.
July 13, July 27, August 10 August 24, Sept 14, Sept 28, Oct 12, Oct 26, Nov 9 Nov 23, & Dec 14th
©Copyright September 2009