HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
September 14, 2009
Call to Order:
The following Council members were present: Clifford Allen, Michael Amidon, H. Robert Cannell, Greg Lucas, Jean Davis, Dennis Travis, and Mary Ann Horne. Also in attendance was T. Jemetz, Borough Manager; Solicitor Marsh; and Marie Lander, Assistant to the Manager. Guests included: Kathy Amidon; Fred Langill; Wendy Carter; Ray Smaltz; Russell Kramer; Bridget Jeffrey; Linda Logue; Mike Pennock; Tim Tort; Jack Ashton; Kay Spiller; Duffy Schruers; Ed & Diane Lewis; Vic & Mary Hanko; Nancy Crawford; Ed Colin; Jody Marzka; Janis Heatherington; Hunter Miller; and Amber Wellington of the Edinboro News.
Mayor Horne introduced the minutes from the Regular Council meeting held August 10, 2009. Jean Davis moved for approval of the minutes as printed. Greg Lucas seconded, and the minutes were approved by a 7-0 voice vote.
Wendy Carter 12560 Angling Road.
Ms. Carter stated it is in regards to 315 Elm Street. She stated that the Council had all received letters from her and were aware of the situation. They (Wendy Carter & Ray Smaltz) had remodeled the house to sell when ordinance 563 was adopted, but the house did not sell. She stated that they have advertised it for rent and turned away college students. It is too small for many who looked at it. A couple who is presently renting the house met the definition of family. The couple plans to move in the future because he is a student at Gannon, which he may not finish the semester since he is getting a Government job. Wendy stated that, John Groh had told her that they fit the definition of family. After she was sited with the violation, she got the permit with the names of the two renting the house on it. It is conforming. Her lawyer called Mr. Groh and the couple from the strictest definition they are students with the wife also going to school. Wendy Carter went on to say that a house 648 sq ft can no longer be built and they are living together within the parameters. She stated the mortgage is over $650.00, while the rent is only $650. month so the rent does not even pay for taxes. She said even she did part time school when husband working would that mean it was not a family. He is up for a government job and does not want this to interfere in his getting the job. They are a nice couple and they pay taxes on his full time job. They are a couple that is a family and we have no knowledge of the couple causing problems. We have talked a lot about this and it is bothering me. I do not like turmoil and I am just asking this to go away. I want to keep the place rented and if it would be empty because no one can meet the parameters then I will go to the assessment board to get taxes lowered. I have college students of my own, I could have them move into the house, and then there would be more problems with college students then this couple. I do not want to fight but just want left alone. I do not want to pay $500 appeal but I need to fight to keep my house rented and Wendy asked for the Council’s help. She stated she had tried to live within the ordinance and the couple will stay longer than students. A past Councilman said that this misinterpretation can be corrected and the couple does not need to be kicked out. Those who go back to college you are singling out couples in a 648 sq ft house.
Mayor Horne stated that this is going before the Zoning Hearing Board on October 7th.
Solicitor Marsh sated the appeal to the Zoning Hearing Board can go either way and the Borough can be a part of the proceedings. They are appealing the Zoning Officers interpretation of this Boards Ordinance that you passed. Tonight you can decide to amend the ordinance but the Zoning Hearing Board is a different entity and they will make an interpretation and the Council Board can appeal their decision if needed. This is similar to the Paul’s case where the Zoning Hearing Board agreed with the Zoning Officers interpretation of your ordinance and the Courts upheld their decision.
Wendy Carter asked the Council to rethink this ordinance to allow the ability to rent to couples in school or not. She again stated she was not sure what she would do if she could not rent to couples.
Mayor Horne stated that they were not a licensed student house.
Wendy stated that Council cannot discriminate against couples they are family.
Nancy Crawford, 4110Lakeside Drive
Prior to this couple, they had two college students last winter that were sisters.
Wendy Carter stated that a realtor told her they were sisters and that they were all right as family.
Fred Langill, 132 Meadville Street.
Mr. Langill handed out papers to Council. He stated he was the last remaining permanent resident on Meadville Street. Proliferation in our community has been happening over the last 30 years. He stated he was requesting that Council establish a Committee at large to review the ordinance and provisions of the Ordinances relating to houses defined as “Student Houses” and provide findings and recommendations to the Council for consideration that is beneficial to the property owner taxpayers, business owners, and transient population, as it exists form time to time.
You have set students as a class of residents in establishing a definition for student house and have engaged in direct discrimination of anyone who owns a house. This gives the possibility that the house is potentially of less value in a particular neighborhood than a comparable house maybe because it cannot be rented to a student under the restrictive ordinance. Fred asked again that as a community to be able to have a committee. Interpretation regarding several ordinances and the position of the Council has been solicited form the Pennsylvania Human Relations Commission Pittsburgh Regional Office and American Civil Liberties Union of Philadelphia, PA. For example, if the house is tan you cannot make it blue. This issue in the community has affected negatively over 30 years and restricted discriminating in planning and zoning ordinance so community should have same option. Fred felt the Council was looking in the wrong places to solve the problem and people were willing to help. Last July you were cautioned to act within the law.
Mayor Horne stated that the Zoning Hearing Board would hear this case on the differences of opinions.
Fred stated the committee could bring more into discussion after difficult study. You need to ask for help from the community. The ordinance stating student house is wrong and you have no right to put a name on a house.
Mayor Horne stated she would ask Ordinance Review to review the ordinance.
Janis Heatherington – 202 Cypress.
This should have been discussed.
Mayor Horne stated that they had three readings and a hearing and took input.
Ms. Heatherington stated then that Council must not have listened to the input.
Mary Hanko, 302 Erie Street.
You adopted the ordinance because of financial need. If they are full time workers then they will pay taxes.
Jean Davis stated that students benefit the stores and the university but do not contribute to the Borough. We have turned into only students then very little come in for earned income taxes and it becomes harder to run sufficiently and provide all the services including police and snow plowing. With 70% of the housing as rental housing, many people have thanked me for the ordinance on student housing since they can rest easy that their neighborhood will stay residential. We are not discriminating this is a fact of life that we must stop from a downward spiral.
Fred Langill, 132 Meadville Street
My son is a Marine and you have two service men on Council. My son and his wife will be coming to the Borough and will go back to school on the GI bill. This ordinance states he cannot live in certain places because he will be a student. You are discriminating against him and taking away his liberties.
Mayor Horne stated that their was no shortage of student rental in the Borough.
Jody Marzka, 100 Davis Drive.
When I first came to a meeting, Jean Davis had said that we do not need the college.
Jean Davis stated they do not get funding from the university and they do not even give very much to the Fire Department.
Jody asked if Council had asked for more from the University.
Council stated several times.
Fred Langill stated that he got another $5,000 a year from EUP for the Fire Department.
Brian Zimmerman, Watershed Association
Presented “Edinboro Lake Management Plan” report to Council members. Report was completed by the Watershed Association and can be downloaded from the Edinboro Lake Watershed website by googling Edinboro Lake Watershed. This report was funded by a state “Growing Greener Grant” and it is set up in steps to help preserve the Lake. It starts with the history; conditions currently including computer analysis of phosphorus, weeds, and algae growth; identify the watershed area; steps to reduce pollutants that are doable and sustainable including run off from undeveloped land in Washington Township, Storm water development of land in Washington Township and the Borough; vegetation buffers to reduce pollutants. We also looked where we can go from here by working with the Borough regarding storm water; starting a rain garden at the bathhouse for demo project. A section is also for homeowners on lawn care using no phosphorous fertilizers and use rain gardens. If anyone has questions or issues regarding the Lake and storm water please feel free to consult this report and contact the Edinboro Lake Watershed Association.
Clifford Allen asked what the web page was so we could put it on the scroll.
Brian stated it was hard to give out and that it was easier to Google Edinboro Lake Watershed. In addition, the CD in the back of the book has all the maps and air photos showing detail in yards. Feel free to coy the CD’s.
Mayor Horne stated she could get with Brian and get a list of information to put on the cable station for residents to do. She thanked Brian Zimmerman for all his work in helping obtain the grant for the Association.
Mike Pennock, 102 Conneauttee.
Ordinance 571 has trailers specifically as well as boat/rv construction trailers as unlawful. What brought this ordinance to the front and why does Council want to do the police work.
Manager Jemetz explained that all these nuisances are already on the books and this is just changing the way they are handled. For example if grass is 8” tall and a neighbor complains, we can at a nominal fine instead of going to court and enforce our ordinance. All these are in other ordinances and have not changed except the way we will set nominal fine to get compliance to the ordinance, something like parking tickets.
Mr. Pennock asked if they are unlawful right now.
Manager Jemetz stated only stored vehicles and trailers in certain yard areas. This is nothing new.
Mr. Pennock stated he lived a few doors down from the Manager.
Manager Jemetz stated he wished he had come to his office and made an appointment to go to his home to see if the frontage was all right or not. He requested that the audience please call and ask their questions before coming to this forum and most of them could be discussed and answered.
Duffy Schruers, 106 Peach Street.
His question is the same as ours. All our neighbors park in driveway and if there is no objection of his neighbors why change the ordinance.
Manager Jemetz stated that if no one complains the Borough does not go out looking for these vehicles but if someone complains we need to enforce our ordinances.
Mayor Horne stated that these have been on the books.
Duffy Schruers stated that zoning is not doing their job and enforcing ordinances.
Manager Jemetz stated that the staff could go out and look to see if it is in violation.
Duffy asked if there was a map where these vehicles and trailers need to be.
Manager Jemetz stated we have distance requirements in the ordinance, if compliant since it has been on the books for years.
Mr. Schruers stated that the restrictions may cause more to leave the Borough and we could end up with more vacant homes.
Jean Davis stated most of these nuisances are form ordinances adopted 25 years ago.
Mike Schweichler, 209 Shelhamer Drive.
What happened to freedom? According to 25 years ago, they also had ordinance that a baseball thrown to another student was illegal. In addition, campfires not allowed. Mike stated he could see smoke problems but he felt the Council was going the wrong way about doing this.
Regarding storage and parking of a camper. I have a camper trailer and while driving down here I saw that many people have them. Council is being too restrictive and we have our freedoms. Beauty is in the eyes of the beholder and just because a neighbor does not like my grass that it is too tall, I have my rights. I can see burning leaves and you need laws if someone will get hurt.
Mayor Horne stated that if you own something you have to have restriction to take care of it.
Kathy Amidon, 809 Lakeside Drive.
This is selective enforcement unless you fine everyone the same.
Jody Marzka, 100 Davis Drive.
Council has enacted 10-12 new ordinances in the last year. Where do you get these ordinances? How do you pick and choose whom you will fine, if you already have it in affect?
Mayor Horne stated that our ordinances have served our community well. You can all agree our Borough does look nice.
Manager Jemetz stated that several municipalities three that he knew off the top of his head were State College, West Chester Borough, and Millersville Borough all are college towns using this same ordinance. He went on to explain that we will probably have more studentifaction with temporary residents paying no taxes and chasing off more of the tax base. Services that are necessary will have to be decreased as tax base declines. All of the municipality will look like Ontario Street if Council does not protect what we have in other neighborhoods.
Mayor Horne stated that she attended a Universities network meeting this summer and most of the state university municipalities are in the same situation as our Borough and most are either working on or already passed an ordinance like this one.
Manager Jemetz also stated that the courts have upheld that students are not a protected class.
Jody Marszka asked if the Council knew what they were loosing from income taxes. Most are paying in rent their taxes.
Mayor Horne stated that majority of the rental landlords do not live in the Borough so they do not pay any earned income tax to the Borough.
Manager Jemetz stated most of the student earned income tax goes to their home municipalities. We must budget for police, zoning, streets and we are at bare bones as it is and cannot cut without reducing services. Students have many options on and off campus with 70% of the properties in the Borough being rental properties, which is higher than any other community in Erie County. He recommended people read about studentifcation by goggling it on the web.
Someone from the audience spoke out that police could sit on Cypress Street and get people running the stop sign and speeding over 15 mph.
Manager Jemetz informed them that the Borough only receives $12 per ticket for speeding the remainder goes to court costs, etc.
Linda Loque, 222 Shelhamer
When it rains, we park it in the yard, what causes it to be called stored. No one has complained and it is not 10’ from the property line.
Manager Jemetz stated that if no one complains we will not be coming out looking with a measuring stick.
Mary Hanko, 302 Erie Street
You write a fine if neighbors complain. Nuisance Ordinance can it be written to be aimed at students such as noise, couches out front, etc. Mary stated she had moved three times to get away from the students and again she is surrounded by them, with beer cans and liter, and couches out front.
Mayor Horne recommended that she contact the Police because there is a noise ordinance in place. This nuisance ordinance, when there is litter and couches out front, we can give them a fine and get it cleaned up.
Councilman Jean Davis asked to speak first regarding the Borough working on raising funds for the minimum municipal obligation (MMO). Every community regardless of size has to keep their pension systems for employees. With the stock market crash we will be required to pay in 2010 $251,000 for the MMO. Those are the kind of things we are trying to cope with.
Councilman Michael Amidon stated that he understood the concern of the residence and this ordinance. He stated that Council needed to start with their own Borough and not take the lively hood away of residents. If the Code Enforcement Officer, Manager, and Council have nothing in black and white like mortgages, taxes, and insurance to pay..
Mayor Horne stopped the discussion to inquire on the Solicitor if it was all right to continue in this line of discussion.
Attorney Ritchie T. Marsh stated if only speaking about the legal case you must stop but if you are just generalizing comments you can continue.
Mr. Amidon went on to give his opinion and ask the Council to do the right thing. He stated that the majority of the employees with high paying salaries do not live in the Borough and they should be made to live in the Borough. If we need to generate money and if they do not live in the Borough, they do not spend money in the Borough. Make an ordinance that they must all move into the Borough.
Mr. Amidon asked for an executive session to discuss the Smaltz appeal of Zoning Officer ruling before the Zoning Hearing Board. Clifford Allen seconded the motion.
Discussion followed that the case was beyond our realm until determination by Zoning Hearing Board per Greg Lucas. Jean Davis state we cannot do anything accept to be a party as a separate entity. Two separate issues: one is we can change an ordinance; and two to direct the solicitor to represent us at the Zoning Hearing.
Motion passed by 5-2 roll call vote: Jean Davis, yes; Dennis Travis, no; Michael Amidon, yes; Gregory Lucas, no; Clifford Allen, yes; Robert Cannell, yes; and Mary Ann Horne, yes. Executive session would be held at the end of the meeting.
Being no one else wishing to speak to Council, Mayor Horne moved on to old business.
Committee Reports:
Finance Committee: Jean Davis stated that they had met today to review the bills, open purchase orders, MMO’s, and recommends approval. Jean Davis motioned to approve the bills paid August 18th $130,546.35; August 25 $5,011.12; August 28th $607.82; and those to be paid September 14th totaling $185,509.99 and Michael Amidon seconded. The motion passed by 7-0 voice vote.
Jean Davis moved approval of the payroll ending august 8th that was paid August 14th totaling $56,361.97; the payroll ending August 22nd and paid August 28th totaling $55,130.17; and the payroll ending September 5th and paid September 11, 2009 totaling $54,911.47. The motion was seconded by Michael Amidon and passed by 7-0 voice vote.
Jean Davis moved to advertise budget workshops for October 21, October 26th, November 2, November 16, November 23, and December 7th. Clifford Allen seconded the motion and it passed by 7-0 voice vote.
Ordinance Review: Clifford Allen gave the review of the meeting of August 19th, which the written report was in the packet. Clifford Allen asked for acceptance of the minutes and Michael Amidon seconded the minutes were approved by 7-0 voice vote.
Mr. Allen informed Council that the final reading of Ordinance 571 was postponed to allow for a public hearing on September 28th. The public hearing and final reading would take place on September 28th regarding Ordinance 571.
Clifford Allen moved to authorize advertising for the two draft ordinances: Wind Turbine Electrical Generating Systems and Solar Energy Systems & Associated Equipment. Michael Amidon seconded and the motion passed by 7-0 voice votes.
Jean Davis noted these two new ordinances are being considered since the Borough is looking ahead of what is best for the Borough.
Street, Buildings, & Grounds: Greg Lucas stated that many streetlights are malfunctioning and someone needs to mark the poles at night. Manager Jemetz stated he would look into the problem.
SOLICITOR:
Attorney Marsh stated he was working on several issues this month. The issue regarding Kraneck matter had nothing new to report. The Paul’s case was successful with the Zoning Hearing Board and Court of Common Pleas confirming that it was appropriate. Also working on a draft License Agreement for the Water tower, which will be negotiated shortly.
Manager Jemetz reported on the sewage plant project progress with nothing new to report on Kraneck claims. They anticipate receiving flows from the Township starting Sept 22 if they fix the malfunctioning parts, alarms, meters. Then it will be substantionally complete and they can work on landscaping and cleaning up.
Construction on 6N/Willow Storm Sewer project is going very well with a second crew being put on to speed it up for completion by the end of October. Elm Street will be done next spring to complete this project.
Dennis Travis asked about the signage at the corner.
Manager Jemetz stated that a weekend resident put up a sign because she was upset she could not get in her driveway over the weekend. The project is not funded with our tax dollars but 2/3 from a H2O grant for flooding and 1/3 from CDBG funds and with these, we will also get resurfaced roads.
Cherry Street reclamation and paving is complete.
Hill Engineering has been working on a project at Aspen Way because of the flooding and we will meet this week to discuss a possible solution.
Water tower agreement is progressing.
Scotts Glen tax-exempt request is still pending.
Joint Planning met and discussed LERTA which Councilman Lucas will discuss latter.
Zoning Hearing Board will meet October 7ith regarding the Carter/Smaltz appeal.
Attended an emergency management meeting.
Labor & Industry audit required fillings have been made by the Employee Safety Committee.
Normal Street storm water pipe was crushed and repaired by the streets crew near the bridge.
We received letter by email from Harry Love the new 911 Center Director that it is planned for the Borough Police to go into the 911 center starting in October 2009.
Manager Jemetz reported that Butch Shafer was back to work today after being off for his father’s illness and passing.
Request approval of addendum to the 2005 sewer agreement with Washington Township to allow a house on Gibson Hill Road to enter the system. The Municipal Authority has approved this connection and requests that you also approve it. Michael Amidon moved to authorize signing of the addendum as presented and Jean Davis seconded. The motion passed by 7-0 voice vote. Clifford Allen asked if Borough Water also went by this property and if they would be receiving water. Manager Jemetz stated that there were no new water connections until an Agreement with Washington Township was finalized.
Michael Amidon wanted to comment on the problem of the sign as brought up by Councilman Travis. Being candid, it was his sister’s sign and she was prohibited on Labor Day weekend to park next to her cottage. Workmen had blocked Lakeside and Willow with equipment, which prohibited her vehicle entry. She was unable to unload her cats and supplies from Willow Street that weekend. Everything is all right presently.
Mayor Horne stated that they had concrete to cure and needed everyone away from it.
Manager Jemetz stated it takes 3-7 days to cure and they needed to protect the concrete. There was ample parking on Lakeside across the street, not more than 30 feet away.
Michael Amidon felt the Borough needed to always make sure they take in consideration of citizens.
Jean Davis stated that road crew is always considerate of residents. Even on Hillcrest employees help carry a resident to a car so they could go for a check up.
Amidon again stated that the Borough needed to work on public relations.
Manager Jemetz stated that Showman personnel had use of property, helped to start mowers, and worked well with the residents and staff. He saw no possibility that they were not considerate of citizens.
Michael Amidon stated that he just wanted them to know that Showman was a class operation.
Finance:
Minimum Municipal Obligation for 2010 was available from Mockenhaupt Associates. Clifford Allen moved to accept the MMO’s for 2010 with Non Uniformed Employee Pension at $66,236.00; Police Pension Plan at $179,124.00; and Defined Contribution Plan at $6,402.00. Greg Lucas seconded the motion and it passed by 7-0 voice vote.
Notice of the 2009 CDBG Funding totaling $130,946 was received.
Police: Monthly reports were received and reviewed.
Employee Safety Committee: Draft minutes of August meeting were available for review. Labor and Industries letter of August 19, 2009 was in the packet for review.
Code Enforcement/Planning/Zoning: Monthly report for August was available for review.
COMMUNITY LIAISONS:
PLCM: Clifford Allen stated that the sales tax and relief of reality tax was still in the budget and being thrown around and he would bring it back when finalized. The MMO topic has been also big topic with our municipality better than many municipalities and reform is forthcoming.
Municipal & Water Authority: Met tonight and was reported in the Manager’s report.
Joint Planning Commission: Greg Lucas reported that he was present on September 9th with Manager Jemetz and Billie Fitzsimmons. Resolution last meeting where we objected to line 3 has been removed. Washington Township is pushing to get LERTA on the east side of I79 and wanted the members to go and lobby for them at the School Board. Greg Lucas told the Commission that the Borough would not participate in any lobbying to the School Board that we do not believe this is the Borough’s fight.
Washington Township Liaison: Mayor Horne reported that she represented the Borough at the 911 ceremony at the Township Memorial park.
Being no other reports, Mayor Horne moved on to Communications.
COMMUNICATIONS:
Notice of Penn PRIME TRUST Annual meeting and Workers Compensation meeting on October 1st was in the packets. It was noted that Clifford Allen would be attended because he was on the Penn PRIME Board.
Michael Amidon moved to appoint Clifford Allen to vote for the Borough on the Proxies of both meetings. Greg Lucas seconded the motion and it passed by 7-0 voice vote.
Councilman Allen stated he would be happy to vote on behalf of the Borough.
Letter from Mark J. Corey & Associates regarding the Erie County Local Bridge Inspections was also available for review.
NEW BUSINESS:
Clifford Allen wanted to again to repeat what Manager Jemetz leaded up to in his report that Al Shafer Sr a long time dedicated employee passed away last week and will be greatly missed by employees and the community.
EXECUTIVE SESSION:
Mayor Horne moved the meeting at 8:25 p.m. into executive session to discuss legal matters regarding the Smaltz case coming before the Zoning Hearing Board.
At 8:53 p.m. Council returned after the executive session. Mayor Horne reported that they discussed with the Solicitor the legal matter upcoming before the Zoning Hearing Board regarding the Smaltz appeal of the Zoning Officers decision. No action was taken.
Being no new business, Mayor Horne asked for a motion to adjourn.
Greg Lucas moved for adjournment, and the meeting was adjourned at 8:55 P.M.
ATTEST:
_______________________________ _________________________________
Borough Manager Taras Jemetz Mayor Mary Ann Horne
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
September 14, 2009
· Payment of bills
· Minutes
· Payroll
· Minutes of Ordinance Review Committee Meeting August 19th
· Advertise draft Ordinance for Wind Turbine & Solar Energy
· Addendum to Sewer Agreement of March 2005
· Appoint Clifford Allen for Penn PRIME WC & Annual membership meeting proxy..
· MMO’s for 2010 as presented by Mockenhaupt Assoc.
POSTPONED
1. Appointments to Environmental Shade Tree Advisory Committee
UPCOMING MEETINGS:
Sept 28 4:00 pm Finance Committee Meeting
Sept 28 6:30 p.m. Public Hearing Ordinance 571
Sept 28 6:30 p.m. Council Meeting
Oct 12 4:00 p.m. Finance Committee Meeting
Oct 12 5:00 p.m. Authority Meeting
Oct 12 6:30 p.m. Public Hearing Ordinances 572 & 573
Oct 12 6:30 p.m. Council Meeting
Oct.14 7:00 p.m. Joint Planning Commission
Oct 21, 26; Nov 2, 16, 23; & Dec 7th – Budget Workshops
1. Advertise two new Ordinances
2. Police monitoring Cypress, etc
3. Streetlights out – need service
4. Advertise budget workshops
©Copyright September 2009