HOME RULE BOROUGH OF EDINBORO
PUBLIC HEARING on ORDINANCE 572 & 573 MINUTES
October 12, 2009
Call to Order:
Mayor Horne opened the Public Hearing at 6:30 p.m. on Monday, October 12, 2009, to take input on Ordinance No. 572 and 573..
In Attendance:
Mayor Mary Ann Horne, Michael Amidon, Greg Lucas, Clifford Allen, Manager Jemetz, Jean Davis, Robert Cannell, Marie Lander, John Groh, Larry Cole, Kay Spiller, Mike Pennock, MJ Campbell, Kathy Amidon, Roxie Cole, Kate Zuharchek, Mike Zahorchak, Diane Shimpeno, Janio Getinen, Matti & Mike Kashey, Ginny Hajewski, John Marcinowski, Nicole Fedders, Bridget Jeffery, Jody Marzka, George Shimpeno, Mark Tarrell, Linda Stuckey, Diane & Ed Lewis, Jim Coller, Mike Gido, Darrel Sissm, Jack Ashton, Nancy Crawford, Michael Schweichler, and Amber Wellington of the Edinboro News.
Ordinance Review Chair, Clifford Allen noted that the ordinances were advertised for a public hearing tonight.
John Groh, Zoning & Code Enforcement Director introduced Ordinance 572 amending the Zoning Ordinance making a new section 417. It contains definitions, classifications, applications, design & instruction, set back which are already in the Zoning Ordinance , and easement which is different when residence agreements with neighbors for example to cut trees, etc with neighbors and not the Borough. John went on to read Easement and the FPN.
Clifford Allen noted that residents maybe considering alternative sources and this is a guideline on Solar. He opened it up to public comments and requested that each state their name and address and they would be given 3 minutes to comment.
Being no one interested in commenting, Clifford Allen stated that during the meeting they would have the 2nd reading and if anyone wanted a copy they could get one at the office for 25 cents per page or read it for free on the Council window or in the office. The Borough Council also has copies in their packets.
Clifford Allen moved on to Ordinance 573. He again asked John Groh to give a review of the ordinance.
John Groh stated this is a new section number 418 of the Zoning Ordinance. It contains definitions, classifications, applicability, design & installation, high limitation which are currently in the Zoning Ordinance under section 307.10, and non operating.
Clifford Allen thanked John Groh. He explained that this was also an alternative energy that they were setting guidelines for moving forward. It was advertised and could be read at the counter or on the wall or purchased at the office. This Ordinance also was in all Councilmen’s packets.
He again asked for anyone wishing to speak on this Ordinance to give their name and address and they would have 3 minutes to speak.
Michael Schweickler, 209 Shelhamer Drive.
He was concerned with section 418.6 with the 30 day limit to correct problems. He recommended a change to 6 months.
Being no other residents wishing to comment on the ordinance, Clifford Allen asked John Groh to take note of the 30 days to see about adjusting depending on if it fork started or if it couldn’t be fixed. Ordinance Review should meet and discuss this issue before the next meeting.
Public Hearing on Ordinance 572 and Ordinance 573 was adjourned at 6:40 p.m.
HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
October 12, 2009
Call to Order:
The following Council members were present: Clifford Allen, Michael Amidon, H. Robert Cannell, Greg Lucas, Jean Davis, and Mary Ann Horne. Council member Dennis Travis was absent. Also in attendance was T. Jemetz, Borough Manager; Solicitor Ritchie Marsh, John Groh Code & Zoning Director; and Marie Lander, Assistant to the Manager. Guests included: Larry Cole, Kay Spiller, Mike Pennock, MJ Campbell, Kathy Amidon, Roxie Cole, Kate Zuharchek, Mike Zahorchak, Diane Shimpeno, Janio Getinen, Matti & Mike Kashey, Ginny Hajewski, John Marcinowski, Nicole Fedders, Bridget Jeffery, Jody Marzka, George Shimpeno, Mark Tarrell, Linda Stuckey, Diane & Ed Lewis, Jim Coller, Mike Gido, Darrel Sissm, Jack Ashton, Nancy Crawford, Michael Schweichler, and Amber Wellington of the Edinboro News.
Mayor Horne introduced the minutes from the Public Hearing and Regular Council meeting held September 28, 2009. Clifford Allen moved for approval of the minutes as printed. Greg Lucas seconded.
Mayor Horne asked if there were any changes in the minutes. Michael Amidon asked to get the recordings of the meetings. He was informed that the Borough was not recording meetings.
The minutes passed as presented by 5-1 voice vote with Michael Amidon voting no.
Public Participation:
Mayor Horne opened the meeting to public participation to be kept to agenda matters and 3 minutes.
Clifford Allen reported that he attended the Annual Penn Prime meeting where the Borough received the Peak Performance award for 4 years in a row. He noted that the Borough also received a safety enhancement grant in 2009 for $2000 from PennPrime.
Mayor Horne noted that there were tow people requesting to speak listed on the agenda. The first is John Groh.
John Groh, Building and Zoning Code Administrator requested permission to be placed on the Council Agenda to speak during Public Participation segment of the meeting. He began his presentation by stating he was recording his comments and wished to advise Borough Council as a courtesy. Mr. Groh stated it was unusual he would be addressing Council regarding such a matter, but felt compelled to respond to comments made by Councilman Michael Amidon during the September 28th Council meeting. Mr. Amidon’s comments, which were made in a public forum and printed in the newspaper accused the Building Code Department of being part of the “good old boys” thus implying a department operated by corruption and favors given. The statements included accusations that construction and remodel was being allowed in the Borough without obtaining proper permits. Groh responded by stating the Councilman’s comments were false and out of line and they were nothing more than retribution for Borough action against him for unresolved code violations that eventually made their way to District Court. He further stated it was his opinion that Mr. Amidon’s comments were made to bolster and support his obstructionist political ideology that is rooted in the belief of a government conspiracy. Mr. Groh stated for the record that all other Council members have contacted the Code Department in the past for concerns they may have regarding the issuance of permits, zoning matters or citizen complaints. He also asked Council to continue to do so and appreciated their assistance. Mr. Amidon has never contacted the Code Department regarding any such matter. Groh further stated for the record and advised Councilman Amidon if he had any concerns regarding department operations, perceptions of favors given, etc that he should contact the Borough Manager. If he is dissatisfied with the result, Mr. Groh mentioned other legal avenues including the Pa. Attorney General, which the Councilman could pursue, but cautioned him regarding malicious prosecution and slander. In his closing statement, Mr. Groh gave Council several facts regarding the numerous dealings he has encountered with Mr. Amidon. He further asked the Councilman to treat Borough employees, Borough Council and others with respect; the same respect he had asked an audience during a Council meeting in July 2008.
Mr. Amidon asked for a copy of Mr. Groh’s speech.
It was noted that Mr. Groh’s comments are his and not official action pursuant to any of his specific job duties, the Borough cannot demand copies of any written or recorded statements.
Larry Cole, 601 Lakeside Drive.
Mr. Cole stated he would keep his remarks short and to the point. He was not aware of Mr. Groh speaking on this subject. He was present to respond to any questions or remarks from Council or other interested persons. He stated he lived seasonally at 809 Lakeside Drive and his wife owns the home at 101 Walnut Street. He stated he was only the third generation to live in the bough going back only 81 years.
He stated, “he was there in direct response to remarks made by Soverign Amidon at the September 28th Council meeting, as reported in the Edinboro News. He felt the remarks were partly true but some facts were left out.” He quoted Amidon from the paper, “I specifically have stated that the lot sizes do not fit the ordinances.” That remark is in error, and the R-3 Lakeside Residential District are listed in the Zoning Ordinance. He felt the Zoning Ordinances do not work hardships on most of Lakeside citizens. Set-backs are for all to adhere but seem to cause a problem for Mr. Amidon which resulted him into coming into multiple violations and has been cited and has yet to pay his legally levied fines. Mr. Cole felt this had caused the Borough great expense and is probably one of the reasons for the change in handling these. His fines amounted to $8000 and he refuses to pay. Mr. Cole stated that it was noted that the chambers were full to request Amidon move his stuff and clean up his property. He wanted everyone to know it was he who took action to try to bring Amidon into compliance with the Zoning regulations. He went on to explain that there were three out of date registrations on the property. It was one car and two trailers plus a boat in the side yards over the side property line, clearly in violation of the Codes. Mr. Cole stated he submitted this statement on a service request to the Borough and Mr. Amidon was cited. He is unhappy since he has to live by the rules the rest of us have to live by. Currently his Water Street property also has a large rolle dup carpet in the side yarad near the street. It has been there since shortly after he purchased the property. It can be considered garbage by most people and he should be cited for that, or at least be ordered to remove it. Council is trying to get a better and more effective way to enforce the codes we all should live by. They are not enacting new and more stringent regulations.
Kate Zahorchak, 601 Lakeside.
Recently I couldn’t believe when Mr. Amidon went to the police said I was in cahoots with Mr. Cole and slashed his tires. I don’t know when it happened a year ago last fall but he sent the police to my house in August of 2009. I he was so sure I did it why didn’t he send the Police sooner. All of Lakeside saw police at my house and honestly if Mr. Cole slashed the tires he would have been unable to get him back up and if I did it I would have had to crawl home. She asked that he think before he says anything else.
Jake Ashton, 113 Water Street
Mr. Ashton told Council he appreciated them working on the ordinance.
Michael Amidon asked to step down from Council to speak regarding Mr. Groh’s comments. He stated he did not use the word corruption that was Mr. Groh’s word but he said he did use the good old boy network. Mr. Amidon stepped down to the floor to speak. Mayor Horne gave him 3 minutes to speak.
Michael Amidon,
I purchased 117 Water Street 3 years ago with partners before closing I went to Dave Zamierowski to look as well as TJ what need to be in compliance. Specifically not trying to hide. There are two units in the building and so I extended the driveway which was costly and fire alarm and extinguisher and minor wiring and construction in basement.
Mayor Horne stopped him asked the relevance with the property on Water Street.
Mr. Amidon stated I will talk here or in Court.
Attorney Marsh stated if you have a time limit the Council should not take the threat into account. You may warn, if you wish, of time limit.
Mayor Horne warned the 3 minutes were up.
Mr. Amidon asked if he could talk then on Mr. Cole’s comments.
Mayor Horne stated your time is up.
Greg Lucas moved to give Mr. Amidon 10 minutes if he is on the agenda next meeting and 3 minutes if you are not on the agenda like all other residents. Robert Cannell seconded and the motion and it passed by unanimous voice vote. Mr. Amidon was informed he could have 10 minutes if on the next agenda.
Michael Amidon returned to his Council seat.
Mayor Horne asked if there were anyone else wishing to speak, being none she moved on to old business.
Committee Reports:
Finance Committee: Jean Davis stated that they had met today to review the bills, open purchase orders, and recommend approval. Jean Davis motioned to approve the bills paid October 12th totaling $113,561.00 and Michael Amidon seconded. The motion passed by 6-0 voice vote.
Jean Davis moved approval of the payroll ending October 3rd that was paid October 9th totaling $55,110.53. The motion was seconded by Robert Cannell and passed by 6-0 voice vote.
Jean Davis explained that the Erie County Tax District meeting would be October 14th and Marie Lander would attend for the Borough. The Budget Workshops will be held Oct 21, Oct. 26, November 2, November 16, November 23, and Dec 7ith at 6i:30 p.m. The Finance Committee will be reviewing the Cable TV franchise coming up for renewal.
Jean Davis also informed Council that the Erie County was forming a coop to get RFP’s for procuring energy. She asked for a motion to allow the Manager to sign the memorandum of understanding to participate in the County of Erie Contract for energy aggregation procurement which would be meeting October 29th to discuss?
Michael Amidon moved to allow Manager Jemetz sign the memorandum of understanding to participate in the County of Erie Contract for energy aggregation procurement and Greg Lucas seconded. The motion passed by 6-0 voice vote.
Jean Davis stated the last item discussed at the meeting today was to consider updating our codification in 2010.
Ordinance Review: Clifford Allen stated the committee met October 5th at 1:30 p.m. They discussed Ordinance 571 that was tabled and Ordinance 572 and 573.
Clifford Allen moved to take Ordinance 571 off being tabled and back on the Agenda. Greg Lucas seconded and motion passed by 5-1 voice vote with Councilman Amidon voted no.
Clifford Allen asked for concerns and discussion on Ordinance 571 that was back on the agenda. First he explained that it is not a mythology on how interprets someone not in compliance just a different way to do it. Problem is when complaint comes in and then we investigate then we have to go to court which is timely and lengthy maybe 30-90 days. This would give the Borough authority to move expeditious manner. Clifford Allen wanted to make sure people understood we do not have a good oh boy network and maybe give guidelines to the Manager to maybe have a second opinion before action. Mr. Allen asked for example, John Groh sites for high grass and for no misunderstanding gives a fine but first get it signed off by the Manager.
Solicitor Marsh stated if you put it into the Ordinance there would have to be a delay in adopting and re-advertised. Mr. Allen stated that two people should agree before fine is assessed is all he was suggesting.
Jean Davis moved to adopt Ordinance 571 as presented and Greg Lucas seconded.
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 ACTIVITIES 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; and
WHEREAS, to eliminate possible ambiguity and contradiction in the administration and enforcement of Borough of Edinboro ordinances; and
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; and
WHEREAS, the Borough has the power and duty to enact ordinances that promote the health, safety and general welfare of the residents and visitors; and
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 apply.
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.
Composting: A method of disposal for household foodstuffs, wastes, leaves, grass/yard clippings, etc. thru biological conversion or breakdown for alternate use.
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 Chapter #20 Section 20-104 F of the Borough Code of Ordinances.
Garbage: Animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
Grass: Vegetation planted in yard spaces and parcels for ornamental purposes.
Non-operating Vehicle: A motor vehicle or trailer which lacks current registration or licensing and/or inspection. A vehicle which has a current registration or license and/or inspection but which is in a condition of major disrepair or disassembly. A vehicle which, due to its’ condition is not permitted on public streets.
Nuisance: An activity or action that interferes with the reasonable use and enjoyment of neighboring and affected adjoining properties.
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.
Recreational Equipment: Equipment used for recreational purposes, which is transported by attachment to a licensed motorized vehicle or transported on a trailer that is attached to such vehicle. The equipment can include but not limited to boats, personal watercraft, rowboats, canoes, kayaks, campers (fixed and pop up) snowmobiles, all terrain vehicles and trailers utilized to transport.
Recreational Vehicle: A self propelled, motorized vehicle generally used for camping purposes. It is designed and licensed to be driven on streets and highways. The vehicle may contain housing amenities utilized separate form the principal residence including eating, cooking, sleeping and sanitation facilities.
Recycling: The proper collection and storage items and materials for future reuse thru industrial processes. This includes but is not limited to plastics, newspapers, paper, glass, etc which are disposed of at regular intervals.
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.
Weeds: Any noxious vegetation planted or existing not for ornamental purposes. This may include any species not considered grass.
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.
B] The storage of any non-operating motor vehicle on private property unless permitted by an established zoning ordinance. Vehicles in a state of disrepair or disassembly stored in an enclosed garage are exempted.
C] The improper storage and placement of recreational equipment (as defined) on private property. Proper storage shall comply with the following yard requirements (storage shall not occur within these yard areas).
1) Front Yard 30 feet
2) Side Yard 10 feet
3) Rear Yard 6 feet
4) Street Corner (corner lots) Side Yard 30 Feet.
At no times shall recreational vehicles or equipment be stored in yard areas along street frontages or on right of ways. Boats in process of restoration or repair shall be kept only within enclosed garages.
D] The placement or storage of larger commercial vehicles over 1 ton or busses or semi trucks and or semi trailers or dump trucks in a residential zoned district.
E] The exterior accumulation of garbage, rubbish, trash, junk items or recyclables on private property. This shall not include items properly set at curbside for pickup by trash haulers as described in the Solid Waste Ordinance.
F] The untimely placement or return of trash cans for regular trash pickup as regulated by the Borough of Edinboro Solid Waste Chapter #20 Section 20-104 F of the Borough Code of Ordinances.
G] The placement of indoor type furniture in yard areas and open porches.
H] Dumping or placement of items such a leaves into open drainage ditches.
I] An accumulation of clutter (as defined) in yard areas.
SECTION 4 Notice of Violation . Upon investigation of complaint or observation and determination by the Building Code Department or by a member of the Police Department that a violation exists, a notice shall be served on the property owner or tenant or responsible party. The violation notice may be served in person or by 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 or tenant or 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 (see Section 5) 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 $25.00 first offense, $50.00 second offense, and $100.00 for all offenses or repeated offenses over the second within a 2-year period plus all court costs. 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. Fines may 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 an additional civil action.
SECTION 7 Saving Clause. If any provision of this Chapter or the application thereof to any Person or circumstances is held invalid, such holding shall not affect the other provisions or applications of this Chapter, which can be given affect without the invalid provisions or applications, and to this end, the provisions of this Chapter are declared severable. All Ordinances or parts of Ordinances which are inconsistent herewith are hereby repealed to the extent of such inconsistency.
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 and sections to remain in effect:
Borough of Edinboro Code of Ordinance Chapter 5 Part 2 of the International Property Maintenance Code as amended delete the following sections in their entirety:
PM 303.4 Grass and weeds.
PM 303.8 Motor Vehicles.
PM 306.1 Accumulation of rubbish or garbage.
Borough of Edinboro Code of Ordinances Chapter 27 Part 4 known as the Zoning Ordinance as amended by Ordinance 545 delete the following items in their entirety:
Section 27-407 B (9) Parking of Major Items of Recreational equipment in Areas Outside of Travel parks.
Section 27-407 B (10) Parking of Vehicles Used in Vocational/Avocational Pursuits.
Section 27-407 B (11) Outdoor storage of Inoperative, Unlicensed, Uninspected Vehicles.
SECTION 10 Amendments to existing ordinances.
Borough of Edinboro Code of Ordinances Chapter 20 (Solid Waste) Part I Section 20-104 item F add the following:
“Violations of this provision are subject to enforcement thru the Borough Property Nuisance Ordinance.”
ENACTED AND ORDAINED THIS 12th DAY OF October, 2009 by the Council of the Home Rule Borough of Edinboro.
Discussion followed.
Michael Amidon stated for two years have used selective enforcement constantly filing actions. He was charged $8000 for boat in driveway and motor home in back yard. Lakeside is a resort area and can not tell us we can not store and have boats on Lakeside. Ordinance doesn’t let Lakeside Community you need to go back and review the ordinance. Lakeside summer cottages and others live year round and some seasonal rentals with renting students winter. Council needs to use common sense and can’t site neighbors and selectively enforce. Drive up and down not one block doesn’t have a boat in the driveway and lots. Council needs to table and revise this ordinance. He felt there was nothing wrong what is already on the books.
Clifford Allen stated we listen and use common sense by following the zoning ordinance and the Borough Manger needs tools to handle timely manner for citizens.
Mayor Horne cost for court is $170 to take someone for zoning issue this would elliviate that costs unless the person fined decided to contest the fine and to clean up the problem.
Clifford Allen stated he was just at a training session and Manager’s across the state were asked how they handle this. The majority us this citation and fine instead of civil charges because it is quicker result.
Michael Amidon stated how many have universities and a recreational lake. Those municipalities are different then ours. I have asked numerous times for them to ride up and down lakeside with Mr. Zamierowski. More with Mr. Zamierowski then Mr. Groh this does not fix the community. Furniture in the yard is alright in the Ordinance but not boats.
Clifford Allen stated he talked with the University Network these are municipalities with state and private schools such as West Chester and Lockhaven. They have the same situation and they feel this is an effective tool.
Ordinance 571 passed by 5-1 roll call vote: Michael Amidon, no; Jean Davis, yes; Dennis Travis, absent; Robert Cannell, yes; Gregory Lucas, yes; Clifford Allen, yes; and Mary Ann Horne, yes.
Clifford Allen introduced the second reading Ordinance 572 as follows:
HOME RULE BOROUGH OF EDINBORO
Ordinance No. 572
AN ORDINANCE AMENDING Chapter 27 OF THE CODE OF THE BOROUGH OF EDINBORO, BY ESTABLISHING PART 4, “SOLAR ENERGY SYSTEMS”. AN ORDINANCE DEFINING AND REGULATING LOCATIONS AND USE OF SOLAR ENERGY SYSTEMS AND ASSOCIATED EQUIPMENT.
WHEREAS, the Home Rule Borough of Edinboro is a Home Rule Municipality and therefore has the power to enact ordinances and legislation; and
WHEREAS, the Home Rule Borough of Edinboro has previously adopted and enacted zoning ordinances 457; and
WHEREAS, the Home Rule Borough of Edinboro recognizes the desire by Borough residents to utilize alternate forms of electrical energy; and
WHEREAS, the Home Rule Borough of Edinboro realizes tax incentives and other programs have been implemented at the state and federal level to assist homeowners with the purchase and installation of solar energy equipment, and
WHEREAS, the Home Rule Borough of Edinboro wishes to balance a property owners right to utilize solar energy equipment with the interests of the community in regards to aesthetics and convenience; and
THEREFORE, the Home Rule Borough of Edinboro hereby enacts the following:
Title: SOLAR ENERGY SYSTEMS
Amendment to Home Rule Borough of Edinboro Zoning Ordinance 457, Article 4 , Section 417 (new) ; Solar Energy Systems also known as an amendment to Chapter 27 of the Code of the Borough of Edinboro as Part 4 Section 417“SOLAR ENERGY SYSTEMS:.
417.1 Definitions:
The following definitions shall be used in reference to the provisions of this
section:
Solar Energy: Radiant energy whether direct, diffused or reflected that is
received from the sun.
Solar Energy System: Any solar collector or other solar energy device, or
any structural design feature mounted on a building or on the ground, and
whose primary purpose is to provide for the collection, storage and
distribution of solar energy for space heating or cooling, for water heating or
for electrical generation.
Orientation: The placement and installation of solar collectors in a
manner and position that provides the greatest efficiency in the collection of
solar energy. This is determined and calculated by solar location during
specific time of the calendar year.
417.2 Classifications:
A] Solar energy systems utilized for private and on site purposes are an
accessory to the primary land use. They shall provide electrical power only
to structures on subject property.
B] Solar energy systems which are the primary land use and utilized to
provide electrical power to customers that are off site shall be deemed as a
Public Utility Substation as defined and regulated as such in the Zoning
Ordinance.
417.3 Applicability
A] The provisions of this section shall apply to Solar Energy Systems
installed and constructed after the effective date of amendment.
B] Solar Energy Systems installed prior to the effective date shall be
permitted to remain provided they do not constitute a hazard to neighboring
properties or the borough as a whole.
C] Any upgrade, modification or structural change that affects the size or
placement of the Solar Energy System shall comply with the requirements
of this ordinance.
417.4 Design and Installation
A] The Solar Energy System shall comply with applicable provisions of the
Pennsylvania Uniform Construction Act 45 of 1999 and regulations adopted
by the Department of Labor and Industry.
B] The installation shall conform to recognized industry standards and
oriented in a manner that provides optimal performance.
417.5 Height Limitations and Setbacks
A] Solar energy systems and associated equipment shall not be located in
front yard areas
B] Ground mounted solar energy systems must comply with all height limits
and setback requirements for utility structures in which zoning district it is
located.
C] Roof mounted systems shall conform to height requirements previously
established in this ordinance.
417.6 Easements
The provisions of this section shall not imply nor require the application of solar easements among neighboring properties. Compliance with specific provisions of this section shall not be interpreted to require removal or trimming of trees or other obstructions from neighboring properties. Any solar easement that is established shall be independent of this ordinance. Easements shall be legally documented and the responsibility of current and future property owners.
FPN: Persons should review all relevant factors when considering solar energy systems for private use. Certain conditions including topography, position of dwelling and obstructions such as trees and structures both on site and neighboring , could render the property unsuitable for the installation of solar equipment.
417.7 Inactive Solar Equipment
Any solar equipment installation that is out of service for more than 30 days shall be deemed as non-generating. Such system installations shall be removed from service and completely disassembled.
ENACTED AND ORDAINED THIS ____ DAY OF _______, 2009 by the Council of the Home Rule Borough of Edinboro.
Jean Davis moved adoption of Ordinance 572 in it’s second reading and Greg Lucas seconded.
Greg Lucas asked that they look at the 30 day rule that he like the idea that they must have started repairs.
Clifford Allen stated that he would have the Ordinance Review go back and review and build on this discussion.
Michael Amidon stated he agreed also. In college he had the opportunity to live with wind and solar in the 1970’s and it was not as sophisticated as it is now.
Mayor Horne felt the process would be covered and Mr. Groh is a reasonable person if the repair is in progress.
Jean Davis called for the questions.
The 2nd reading of Ordinance 572 passed by 6-0 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.
Clifford Allen introduced Ordinance 573 in its second reading and moved for its adoption as follows:
HOME RULE BOROUGH OF EDINBORO
Ordinance No. 573
AN ORDINANCE AMENDING Chapter 27 OF THE CODE OF THE BOROUGH OF EDINBORO, BY ESTABLISHING PART 4 Section 418, “WIND TURBINES” AN ORDINANCE DEFINING AND REGULATING LOCATIONS AND USE OF WIND TURBINE ELECTRICAL GENERATING SYSTEMS.
WHEREAS, The Home Rule Borough of Edinboro is a Home Rule Municipality and therefore has the power to enact ordinances and legislation; and
WHEREAS, the Home Rule Borough of Edinboro has previously adopted and enacted Ordinance 457; and
WHEREAS, the Home Rule Borough of Edinboro recognizes the use of wind turbines as electrical generating systems may have some practical application within certain parameters; and
WHEREAS, Borough residents are seeking alternate forms of electrical power including green energy for their everyday use; and
WHEREAS, The Borough Council wishes to balance a property owners’ right to utilize alternate energy sources, including wind energy with the interests of the community in regards to aesthetics and reasonable use and enjoyment of property; and
WHEREAS, the Borough has the power and duty to enact ordinances that promote the health, safety and general welfare of the residents and visitors; and
THEREFORE, the Home Rule Borough of Edinboro hereby enacts the following:
Title: Part 4, Section 418 (new) Wind Turbines
418.1 Definitions
The following definitions shall be used in reference to the provisions of this section:
Wind Turbine a mechanical device that converts wind energy into electricity
through the use of a wind turbine generator and includes the nacelle, rotor, tower
and transformer
Wind Turbine Facility a single turbine or group of wind turbines constructed
on land in which the primary use is the generation of electricity for commercial
and residential distribution purposes. This is also known as a windmill farm.
Turbine Height the distance measured from the surface of the tower foundation
to the highest point of the turbine rotor plane
Small Wind Turbine a wind turbine that produces from 1 to 100 kWh of
electricity which is designed and installed to serve a principal and or accessory
structure located on the same parcel.
418.2 Classifications
A] Small wind turbines utilized for private and on site purposes shall be an accessory structure/ use to the primary land use. They shall provide electrical power only to structures on subject property
B] Wind turbine facilities which are the primary land use and utilized to provide electrical power to customers that are off site shall be deemed a Public Utility Substation as defined and regulated as such in the Zoning Ordinance.
418.3 Applicability
A] The provisions of this section shall apply to wind turbines and facilities installed and constructed after the effective date of this ordinance.
B] Any upgrade, modification or structural changes shall comply with the requirements of this ordinance or any subsequent amendments
418.4 Design and Installation
A] Wind turbines and equipment shall comply with applicable provisions of the Pennsylvania Uniform Construction Code and regulations adopted by the Department of Labor and Industry. Surplus power that is generated and connected to utility company grid must comply with applicable standards of the utility provider.
B] The installation shall conform to recognized standards of the wind turbine industry
C] The wind turbine operation shall not interfere with radio/ television transmitting or receiving frequencies
D] The wind turbine shall not create a noise level greater than 50dB and shall not create an audible nuisance to neighboring properties
FPN: According to US Dept of Energy National Renewable Energy Laboratory Wind Resource Map, the Edinboro area is not a region of sustainable winds. Persons should review all relevant factors when considering the feasibility of wind energy for private use. Certain conditions such as topography, height limitations and lack of sustained winds greatly limit a wind turbines generating capacity.
418.5 Height Limitations and Setbacks
A] Turbine height is defined in Section 418.1 and is limited to the height established for the applicable zoning district
B] Setbacks for small wind turbines shall be that of utility structures located in the same zoning district
C] Wind turbine facilities shall be regulated as a Conditional Use and subject to the application process required by this ordinance.
418.6 Non operating wind turbines and equipment
Wind turbines that are non-operational for a period of more than 30 days are deemed as non generating and shall be removed from service and completely disassembled.
ENACTED AND ORDAINED THIS ____ DAY OF _______, 2009 by the Council of the Home Rule Borough of Edinboro.
Greg Lucas seconded the motion. Being no comments the motion passed by 6-0 roll call vote: H. Robert Cannell, yes; Michael Amidon, yes; Jean Davis, yes; Dennis Travis, absent; Gregory Lucas, yes; Clifford Allen, yes; and Mary Ann Horne, yes.
Clifford Allen requested that an Ordinance Review meeting be scheduled to discuss the comments on 572 and 573.
Manager Jemetz reported on the sewage plant project.
6N Willow storm sewer installation of storm sewer is ongoing and will bid out for Elm Street the second phase soon.
No news on the Energy grant applied for.
Hill reviewing with Steve Halmi the Aspen Way area flooding since Halmi reviewed reviewed and approved the original Scott’s Glen subdivision documents for storm sewers.
Cellular antenna for on water tower is in negotiations.
No change in HANDS request regarding tax exemption.
Zoning Hearing Board met Oct 7th and upheld the Zoning Officer’s determination regarding 315 Elm Street.
Next Joint Planning Committee is Oct 14th at 7 pm..
Edinboro Inn underwent an additional inspection by a structural engineer. There are structural issues, moisture and apparently mold a problems. We are working with legal and engineers to formally address the findings.
University-Community Network meeting at State College is tomorro9w at 10 a.m.
We have requested formal agreement or MOU with Erie County dispatching in the near future.
We have LTAP representatives traveling to Edinboro on Oct 27th perform a “Walkable Community” inspection of the Borough. They will provide non-binding recommendations.
Town & Gown meeting held today. The growth indicative is in the grass roots stage. The Borough Bucks program of using meal tickets in the downtown is being reviewed. Cooper Hall bid is delayed. When Cooper Hall is taken off the water usage we should have approximately 30 million excess water capacity to sell to Washington Township if they agree to a formal agreement. A study of feasibility of retirement home is in the works of contacting 40,000 people to consider renting, buying, rental shops and results should be back by years end to EUP. This is like Penn State where the improvements are on the tax rolls but not the land since it is leased State Land. Dorm Phase II still on hold waiting for lower interest rates.
Health Care costs rising 14-15% average.
Robert Cannell asked if they can get answers on the HANDS – Scotts Glen situation by the end of the year. Attorney Marsh stated he would be checking on it. Robert Cannell thanked Manager Jemetz for a good report.
Clifford Allen stated he had a call from 209 Lakeside. It was noted that the Manager had already met with the parties.
Clifford Allen asked John Groh to check 107 Beech Street he saw cutting around the house.
Manager Jemetz asked for a motion to approve signing of grant $33,470 for CDBG-R Program for storm sewer project.
Greg Lucas moved approval of CDBG-R Grant and authorize signing. Clifford Allen seconded and the motion passed by 6-0 voice vote.
Minutes of the Employee Safety Committee of September 11, 2009 and agenda for their October 9th meeting was in the packets for review.
Building and Zoning Code Department monthly activity report for September was in the packets for review.
Community Liaisons:
PLCM – Clifford Allen reported he attended the 7th Annual meeting of PLCM/Penn Prime. They had seminars and two speakers.
Municipal & Water Authority – Jean Davis stated that the Manager covered everything.
Joint Planning Commission – Meeting is Wednesday, October 14, 2009 at 7 p.m.
COMMUNICATIONS:
Mayor Horne noted that she got information about Mayors against illegal guns. She asked if there was any interest or support in motion to be behind this. The topic dropped for no motion.
NEW BUSINESS:
Greg Lucas asked that Marie e-mail everyone a reminder of the Budget Workshop.
Being no new business, Mayor Horne asked for a motion to adjourn.
Clifford Allen moved for adjournment, and the meeting was adjourned at 8:00 P.M.
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
October 12, 2009
· Payment of bills
· Minutes
· Payroll
· 2nd reading Wind Turbine & Solar Energy
· Final reading adopted 571 Nuisance Ordinance
· .
POSTPONED
1.
2. Appointments to Environmental Shade Tree Advisory Committee
UPCOMING MEETINGS:
Oct 21, 26; Nov 2, 16, 23; & Dec 7th – Budget Workshops
Oct 5 1:30 pm Ordinance Review Committee Meeting
Nov 9 4:00 p.m. Finance Committee Meeting
Nov 9 5:00 p.m. Authority Meeting
Nov 9 6:30 p.m. Public Hearing Ordinance 572 & 573
Nov 9 6:30 p.m. Council Meeting
Nov 11 7:00 p.m. Joint Planning Commission
Oct 21, 26; Nov 2, 16, 23; & Dec 7th – Budget Workshops
1. Set up Ordinance Review Committee meeting
2. e-mail budget workshop reminders to Council for Oct 21 6:30 p.m.
3. Advertise 571 adopted
4.
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING AGENDA
October 12, 2009
6:30 p.m. Public Hearing Ordinance 572 & 573
A. Open Public Hearing- state purpose
B. Public Input
C. Close Hearing
Immediately following Hearing 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 September 28, 2009
Action: Motion to approve minutes
IV. Public Participation –
A. John Groh
B. Larry Cole-concerning Lakeside Area, Code violations, & published comments from last meeting
V. Old Business
1. Finance Committee/Pension Committee/ Negotiation Committee – Jean Davis Chair - Met October 12th
a. Authorization to approve bills paid October 12th
totaling $ 113,561.00___
b. Authorization to approve payroll ending October 3 paid October 9th Totaling ___$55,110.53_
2. Ordinance Review Committee –Chair Kip Allen
A Ordinance Review Meeting October 5th 1:30 p.m.
B. Ordinance 571 – Property Nuisance Code – TABLED last meeting
C. Ordinance 572 – Solar Energy Systems – 2nd reading
D. Ordinance 573 Wind Turbines – 2nd reading
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 – Budget workshop Oct 21st & Oct 26th 6:30 pm
C. Solicitor's Report:
1. Kranick v.s. Borough; Halmi; HRG; Washington Township; Municipal Authority of the Borough of Edinboro – Erie County Court of Common Please NO. 13015-2009 – nothing to report
D. Management's Report:
1. Manager Jemetz - Report
2. Finance: Notice of approved grant $33,470 for CDBG-R Program
3. Personnel
4 Emergency Management
5. EVFD
6. Police : Report - FYI
7. Employee Safety Committee - FYI
8. Code Enforcement/Planning/Zoning-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
7. Washington Township Liaison - Jean Davis alt Greg Lucas
8. Watershed Association - Mary Ann Horne
9. Joint Planning Commission – Greg Lucas –
a) Next Meeting October 14th 7 p.m.– FYI
E. OTHER OLD BUSINESS:
A. Mayors Against illegal guns.
VI. New Business
A.
VII. Adjournment
2009 EDINBORO BOROUGH COUNCIL MEETINGS 6:30 p.m.
Oct 12, Oct 26, Nov 9 Nov 23, & Dec 14th
BUDGET WORKSHOPS: 6:30 p.m. October 21, October 26, Nov 2, Nov 16, November 23, and December 7th
©Copyright October 2009