HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
February 8, 2010
Call to Order:
The following Council members were present: Clifford Allen, Michael Amidon, Brenda Cannell, Greg Lucas, Jean Davis, John Austin, and Mary Ann Horne. Also in attendance was T. Jemetz, Borough Manager; and Marie Lander, Assistant to the Manager. Guests included: Kathy Amidon; MJ Campbell, Washington Township Liaison; Mike Gido; George Shimpeno; John & Dot Murry; George Finney; Norris Pace; David Storch; and Amber Wellington of the Edinboro News.
Mayor Austin introduced the minutes from the January 4, 2010 Organizational Meeting and Regular Council minutes. Michael Amidon moved for approval of the minutes as printed. Mary Ann Horne seconded. The minutes passed as presented by 7- 0 voice vote.
Public Participation:
Mayor Austin opened the meting to public participation.
Being no one interested in speaking, Mayor Austin moved on to old business.
Committee Reports:
Finance Committee: Jean Davis stated that the committee met January 25th and today to review the bills and purchase orders. .
Jean Davis moved to approve the bills dated January 25th of $168,103.26 and February 8, 2010 of $141,650.65. Clifford Allen seconded and the motion passed by 7-0 voice vote.
Jean Davis moved to approve payroll ending January 9th paid January 15, 2010 of $62,852.65 and payroll ending January 23rd paid January 29, 29010 of $56,523.79. The motion was seconded by Clifford Allen and passed by 7-0 voice vote.
Jean Davis went on to inform the Council that Marie Lander was attending the County Tax Collectors meeting the third Wednesday of the month from 4-6 p.m. The audit of COAX will be done by Marie Lander in March before they consider renewing the franchise agreement. The quote from MUA from PLCM for electric after deregulations in 2011 has not been received as of this date. The Committee has decided to hold off on discussing paperless packets at this time.
The Committee would like to recommend use of MuniciPAY for credit cards in the front office for means of residents paying invoices. Jean Davis moved to allow the Manager to sign a contract with MuniciPAY at no cost to the Borough. Michael Amidon seconded the motion. Discussion followed. Clifford Allen reminded everyone that the service charges will be to the resident using the card and not the Borough. Mayor Austin stated they could use for borough fees such as parking tickets and utilities. Mayor Austin stated the fee would be disclosed to everyone. Clifford Allen stated this is for convenience but they can go in other directions of paying such as cash or check. Michael Amidon added that it was comparable cost of ATM fees. The motion passed by 7-0 voice vote.
Ordinance Review Committee: Jean Davis reported that they met January 6th at 1:30 p.m. They discussed the two ordinances being presented for action today as well as codification of ordinances.
Jean Davis moved adoption of Ordinance 575 as follows:
Home Rule Borough of Edinboro
Ordinance 575
An Ordinance to enter into an agreement with the Erie County Association of Township Officials (ECATO); for the establishment of a Uniform Construction Code (UCC) Appeals Board.
Whereas, the Home Rule Borough of Edinboro chose to opt in for local administration and enforcement of the Pennsylvania Uniform Construction Code Act 45 of 1999,
35 PS § 7210.101 thru 1103, and
Whereas, the UCC mandates an applicants right to seek a variance or extension of time or appeal the building code official decision by filing a petition to the board of appeals
(§ 7210.403.122 a), and
Whereas, the UCC contains strict guidelines and criteria for the establishment of an appeals board and the membership qualifications (§ 7210.403.121 a thru g), and
Whereas, due to the small population and lack of individuals meeting such qualifications and residing within the borough limits; the Home Rule Borough of Edinboro cannot establish a board of appeals, and
Whereas, the UCC allows the establishment of a joint appeals board to serve several municipalities comprised of interested and qualified individuals (§ 7210.403.121 d), and
Therefore, the Home Rule Borough of Edinboro ordains and enacts the following:
1] The Home Rule Borough of Edinboro hereby enters into an intergovernmental agreement (see attached) with the Erie County Association of Township Officials for the sole purpose of providing a means of appeal to provisions of the Pennsylvania Uniform Construction Code, 35 PS § 7210.101 thru 1103
2] The Home Rule Borough of Edinboro hereby adopts operating procedures and policies set forth by ECATO intergovernmental agreements, resolutions and by laws in regards to UCC appeals
3] Administrative and enforcement activities in connection with the UCC shall
remain under the authority of the Borough of Edinboro
4] Appeals to the Home Rule Borough of Edinboro administrative and enforcement action pursuant to the PA. Uniform Construction Code shall be forwarded to the ECATO UCC Appeals Board in a timely manner for appropriate hearing and action
5] Filing fees for such appeal shall be set by the established ECATO fee schedule
resolution. The fee schedule is subject to amendment as determined by ECATO
6] The ECATO UCC Board shall have sole jurisdiction in matters of appeal to Borough
of Edinboro administration and enforcement of the UCC. Appeals to all other
Borough codes ordinances shall remain under the authority of their respective appeals
boards
7] By entering into this intergovernmental agreement with ECATO UCC Board, the
Home Rule Borough of Edinboro hereby dissolves any locally established or implied UCC Appeals Board
8] This Ordinance shall accompany the amended Edinboro Uniform Construction Code
Ordinance 576.
ENACTED AND ORDAINED THIS ____ DAY OF _________, 2010 by the Council of the Home Rule Borough of Edinboro.
Mary Ann Horne seconded the motion and discussion followed.
Michael Amidon spoke with Clifford Allen. Mr. Allen asked if this would have three readings. Manager Jemetz stated it was the final reading. We had one reading last time for advertising and this since we need the UCC appeals board in place. Greg Lucas stated that it was important to have an avenue to appeal the UCC interpretation by the Code Enforcement officer. Manager Jemetz explained that you have to have special talents to be on the board and we do not have them within a small municipality.
The motion passed by 7-0 roll call vote: Michael Amidon, yes; Jean Davis, yes; Mary Ann Horne, yes; Brenda Cannell, yes; Gregory Lucas, yes; Clifford Allen,, yes; and John Austin, yes.
Jean Davis moved to adopt Ordinance 576 as follows:
Home Rule Borough of Edinboro
ORDINANCE 576
An Ordinance to amend and restate the adoption of the Pennsylvania Uniform Construction Code Act 45 of 1999, to provide for administration and enforcement method and to provide for appeals of Borough administration and enforcement action.
Whereas, the Pennsylvania Legislature enacted the Uniform Construction Code (UCC) Act 45 of 1999 (34 P.S. §§ 7210.101 – 1103) and subsequently became law in June of 2004; and
Whereas, the UCC gives municipalities the ability to opt-in or opt-out of local administration and enforcement thru various methods including utilizing in house personnel, third party agency enforcement or inter-municipal agreements; and
Whereas, the Home Rule Borough of Edinboro chose to opt in for local administration and enforcement of the UCC; and
Therefore, the Council of the Home Rule Borough of Edinboro hereby adopts the following:
1] The Home Rule Borough of Edinboro will continue to maintain opt-in status for administration and enforcement of residential and commercial building codes referenced in the Uniform Construction Code
2] The Borough will continue to utilize in-house, qualified and certified personnel to
carry out the duties prescribed within the scope and intent of the Uniform
Construction Code Act
3] The Borough may, at its’ option and in certain situations utilize a qualified third party
inspection agency licensed by the Commonwealth of Pennsylvania to perform such
duties.
4] The Borough hereby amends the UCC 35 P.S. § 7210.403.1(b)(3) by requiring
UCC permits and building code compliance for accessory structures in which
building area exceeds 192 sq ft. The structures are limited to an accessory use for
single family dwellings and regulated by this amendment include:
a] Carports
b] Detached private garages
c] Greenhouses
d] Sheds
5] All Special Inspections referenced and defined in the UCC and International
Building Code Chapter 17 shall be the financial responsibility of the permit applicant
and paid directly to the company providing the service.
6] The Home Rule Borough of Edinboro shall administer and enforce the applicable triennial versions of the International Code Council publications referenced by the Act or any amendment thereafter. The Borough may adopt local amendments to the applicable codes upon approval by the Pennsylvania Department of Labor and Industry
7] The Home Rule Borough of Edinboro shall assess fair and reasonable fees in connection with the issuance of building permits and inspections required by the Act. Such fees are determined and established thru a separate fee schedule resolution which may be amended from time to time by Borough Council. Permit fees that are paid to third party agencies shall be that which is set by the agency fee schedule.
8] In accordance with the UCC, an applicant may file an appeal to the building code
officials’ determination of non compliance or violation of applicable building
code. Any appeal pursuant to the UCC shall be filed thru the Erie County
Association of Township Officials UCC Appeals Board (ECATO).
The Borough of Edinboro shall enter into an intergovernmental agreement with
ECATO. This agreement shall be pursuant to Borough Ordinance 575 and shall
accompany this ordinance
9] All appeals relating to accessibility requirements referenced in the International
Building Code and the American National Standards Institute A117.1 shall be
referred to the Pennsylvania Department of Labor and Industry Accessibility
Advisory Board for review and appropriate action
10] Upon adoption of this ordinance, Borough Ordinance 516 (June 28, 2004)
referencing the Uniform Construction Code is hereby repealed in its’ entirety.
ENACTED AND ORDAINED THIS ___ DAY OF ______, 2010 by the Council of the Home Rule Borough of Edinboro.
Mary Ann Horne seconded the motion. Manager Jemetz explained the change in number 4. This will help drop our ISO number helping residents with their insurance rates. Mr. Norris Pace informed them that the highest rating is #1 and the lowest for unprotected is #10 by the ISO codes.
The motion passed by 7-0 roll call vote: Clifford Allen, yes; Brenda Cannell, yes; Michael Amidon, yes; Jean Davis, yes; Mary Ann Horne, yes; Gregory Lucas, yes; and John Austin, yes.
Personnel Committee: Brenda Cannell stated the committee met January 20th to review the Manager’s self-evaluation for 2009. On January 27th they met again to interview applicants for the Environmental Shade Tree Advisory Committee and recommended the following:
Virginia Hajewski for term ending 1/3/2012
David masters for term ending 1/3/2013
George Cornell for appointment as alternate
Mary Ann Horne seconded the motion and it passed by 7-0 voice vote.
Streets, Buildings, & Grounds Committee: Clifford Allen reported that they met January 20, 2010 at 3:30 p.m. They discussed the sidewalk to the library under old business to be finished by CDBG funds. They also discussed the paving plan for 2010, storm sewer project on Elm Street in 2010; and the 2010 CDBG. Mr. Allen asked Manager Jemetz to outline the three items.
Manager Jemetz stated that paving plan for 2010 is one road and it would be Beech Street. Phase II Elm Street will include larger storm sewer, water lines, sewer lines, and new road. The CDBG for 2010 in regards to sidewalks was also discussed in the meeting as well as in the hearing tonight.
SOLICITOR’S REPORT:
Solicitor Marsh was not present, so no report was available.
Manager Jemetz updated Council on many items from the sewage plant project; 6N Willow storm sewer Phase II; box culvert on 6N; the sidewalk project; generator roof and fencing; storm water on Aspen & Pineview and the notice to Hands and Goodell Gardens for assistance; Safety Committee training was held in January; attended EUP trustee meeting relating to EUP and Borough relations; audit was performed; CDL testing of three; EACOG; and would be attending training tomorrow at 7 p.m. and was on vacation last week.
Finance:
CDBG close outs for FFY2000-2004 were complete and the Penn Prime Workers’ Compensation Trust Peak Performer Award notification was received again for 2009.
Mary Ann Horne moved to accept the FFY 2008 CDBG Revision and the FFY2008 Modification as discussed in the Public Hearing prior to this meeting as follows: CDBG REVISION FFY 2008 - The following activities were previously approved by the PA Department of Community and Economic Development. The Route 6N West Storm Sewer Project – Willow Street is 98% completed and a balance of $48,605.79 remains in this activity. The Borough has additional funds in its 2009 CDBG Application to apply to any future expenditure for the Route 6N West Storm Sewer Project on Willow Street. There will be no change in beneficiaries due to this revision. The Borough finds the need to transfer these funds in the following manner: Sidewalk Improvements (Route 6N West) - $8,605.79. The balance of $40,000 was proposed in a FFY 2008 MODIFICATION during a Public Hearing held at 6:25 P.M. prior to the regularly scheduled council meeting for the Edinboro Lake Boat Ramps. This Revision changes the fFY 2008 Application Budget Totals to the following:
●Storm Water Improvements - Route 6N West Storm Sewer Project - $57,060.21
●Sidewalk Improvements - Route 6N West (Maple Drive to 413 W. Plum St.) -$8,605.79
●Park/Recreation Facilities Category - $40,000.00 – (Modification)
●Administration - $23,194.00
Also accept the CDBG REVISION FFY2009 - The following activities were previously approved by the PA Department of Community and Economic Development. The Borough wishes to transfer funds in the amount of $59,507.00 from the Route 6N West Storm Sewer Project to the Sidewalk Improvement Project – Route 6N West Maple Drive to 413 West Plum St. A balance of $28,000 will remain in the Route 6N West Storm Sewer Project for any future expenditure needed to complete this activity. The Revision also changes the FY 2009 Application Budget Totals to the following:
●Storm Water Improvements - Route 6N West Storm Sewer Project - $28,000.00
●Sidewalk Improvements - Route 6N West (Maple Drive to 413 W. Plum St.) -$79,507.00
●Administration - $23,439.00
Motion was seconded by Greg Lucas and passed by 7-0 voice vote.
Edinboro Volunteer Fire Department: Request by Chief Seagren to change the 2010 fee schedule was in the packets for review. Jean Davis moved to adopt Resolution 8-2010 as follows:
Home Rule Borough of Edinboro
Erie County, Pennsylvania
Resolution #8-2010
A RESOLUTION OF THE HOME RULE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA, MODIFYING THE ANNUAL FEE SCHEDULE OF THE HOME RULE BOROUGH OF EDINBORO CODE OF ORDINANCES
WHEREAS, the Council of the Home Rule Borough of Edinboro has established certain fees to cover the cost of materials and equipment used and services rendered in providing fire protection and emergency medical services; and penalties for violation per the Borough Ordinance 564 to be increased from time-to-time to stay current with costs;
AND, WHEREAS, the Council of the Borough of Edinboro shall set these fees following the initial passage of Ordinance #564 which is Chapter 7 of the Borough Code of Ordinance, each year by Resolution at it’s annual re-organization meeting or at such time as determined necessary by the Borough Council.
NOW, THEREFORE, be it resolved and enacted by the Council for the Borough of Edinboro, in meeting assembled, and it is hereby resolved and enacted by the authority of the same as follows:
Services
Fire Police Services $ 50.00 per hour
Landing Zone $ 275.00 per incident
Extrication – Complex $ 300.00 per incident
Extrication - Minor $ 200.00 per incident
Fire Response – Residential ISO Surcharge $ 500.00 per incident
Fire Response – Commercial ISO Surcharge $1,000.00 per incident
Hazardous Material Cleanup Supplies
Oil Booms, Large (5”x10’ or 5” x 20’) $ 85.00 each
Oil Booms, Small (3” x 4’) $ 15.00 each
Oil Absorbent Sheets (17” x 19”) $ 15.00 each
Oil Bilge Pillows (7” x 18”) $ 15.00 each
Supersorb Sheets (Acids) (17” x 19”) $ 20.00 each
Peat Sorb/ Oil Dry $ 75.00 bucket
Collapsible Pools $ 250.00 each
Tyvek Suits $ 40.00 each
Plug & Dyke Materials $ 25.00 each
Plug Rugs (1i6” x 16”) $ 40.00 each
PVC Pipe $ 20.00 each
Fire Fighting Equipment
Extinguisher $ 50.00 per use
Foam Class A $ 40.00 per gallon
Foam Class B $ 60.00 per gallon
Apparatus (extended incident responses)
Engine $300.00 per hour
Aerial $350.00 per hour Rescue $250.00 per hour
Utility $150.00 per hour
Tanker $250.00 per hour
Ambulance $100.00 per hour
EMS Billing
BLS Transport $ 550.00 per incident
ALS Transport $ 1,250.00 per incident
Mileage – In County $ 10.00 per loaded mile
Mileage – Out of County $ 10.00 per loaded mile
Patient Refusal – No Treatment $ 40.00 per incident
Patient Refusal – treatment/No Transport $ 75.00 per incident
Oxygen $ 30.00 per incident
Cervical Stabilization $ 15.00 per incident
Defibrillation Pads $ 60.00 per incident
Billable EMS Crew Standby $ 45.00 per hour
Miscellaneous Items
Dewatering Pumps $ 30.00 per hour
Salvage Cover (Plastic) $ 20.00 each
Chainsaw Usage $ 25.00 per use
Fire Line tape $ 00.35 per foot
EVFD Equipment Damaged on incident REPLACEMENT COST
EVFD Equipment Lost on incident REPLACEMENT COST
Unforeseen or Extraordinary Expenses ACTUAL COSTS
Specialized Services ACTUAL COSTS
Heavy Equipment ACTUAL COSTS
Attorney Fees ACTUAL COSTS
Collection Agency Fees ACTUAL COSTS
Filling fees ACTUAL COSTS
Litigation expenses Extent permitted by law
Borough expenses ACTUAL COSTS
Penalties if not paid within thirty (30) days
Interest as authorized by laws of PA Finance Charge as authorized by laws of PA
FINE not less than $250.00 and
not more than $600.00 per violation for each day of violation
plus costs
BE IT RESOLVED AND ENACTED THIS ____ DAY OF __________, 2010.
Motion was seconded by Greg Lucas and passed by 7-0 roll call vote: Greg Lucas, yes; Clifford Allen, yes; Brenda Cannell, yes; Michael Amidon, yes; Jean Davis, yes; Mary Ann Horne, yes; John Austin, yes.
Police: Police reports & reorganization minutes of Civil Service Commission were in the packets for Council’s information.
Code Enforcement/Planning/Zoning:
December and January reports and planning commission notes and requests were in the packets for Council’s review. A notice of a draft ordinance was in progress regarding a Flood Plain Ordinance per requirements of FEMA.
Public Works:
Public Works was requesting changes in some of the rates for 2010. Mary Ann Horne moved to accept Resolution 5-2010 as follows:
Home Rule Borough of Edinboro
Erie County, Pennsylvania
Resolution #5-2010
A RESOLUTION OF THE HOME RULE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA MODIFYING CHAPTER 42, OF THE HOME RULE BOROUGH OF EDINBORO CODE OF ORDINANCES, ANNUAL FEE SCHEDULE
WHEREAS, the Council of the Home Rule Borough of Edinboro has established certain fees to cover the cost of the administration of the Borough Ordinances to be increased from time-to-time to stay current with costs;
AND, WHEREAS, the Council of the Borough of Edinboro shall set these fees following the initial passage of Ordinance #464, each year by Resolution at it’s annual re-organization meeting or at such time as determined necessary by the Borough Council.
NOW, THEREFORE, be it resolved and enacted by the Council for the Borough of Edinboro, in meeting assembled, and it is hereby resolved and enacted by the authority of the same be added or changed as follows with all remaining fees of Resolution #1-2010 to be enforced:
SECTION 1.
Refuse/Recycling
Compost bins $10.00
Police Department Fees:
Back Ground Checks $15.00 each
Recreation
Canoe Racks - April 1st to November 15 rental
Residential $ 30
Non Residential $ 35
Highway Department Fees
One Ton Dump with plow $60.00 per hour plus personnel rate
WATER Department Fees
One Ton Dump with plow $60.00 per hour plus personnel rate
BE IT RESOLVED AND ENACTED THIS DAY OF February, 2010
The motion was seconded by Greg Lucas and passed by 7-0 roll call vote: Jean Davis, yes; Mary Ann Horne, yes; Michael Amidon, yes; Gregory Lucas, yes, Clifford Allen, yes; Brenda Cannell, yes; and John Austin, yes.
COMMUNITY LIAISONS:
EUP Liaison: Clifford Allen reported that they met with the Board of Governors to take part in the formal evaluation of President Brown. Present was Manager Jemetz, Mayor Austin, and myself.
EVFD Board Liaison: John Austin reported that he could not locate where the meeting was, so he had no report this month.
Municipal & Water Authority: Jean Davis reported they met tonight and most of the information covered was reviewed in the Manager’s report. One interesting thing was the discussion of a pre construction meeting next week for the project to start in the spring.
Washington Township Liaison: Brenda Cannell stated no report.
Watershed Association: Mary Ann Horne no report.
Joint Planning Commission: Greg Lucas reported that they had no meeting the last two months and he had not received the report, so he recommended no action on Resolution 6-2010 at this time until everyone could read what was in pint.
With no objections, the Mayor moved on to communications.
COMMUNICATIONS:
Mayor Austin stated they had article about high-speed rail lines in their packets and a request to give support through a resolution.
Mary Ann Horne moved to adopt resolution 9-2010 as follows:
Home Rule Borough of Edinboro
Erie County, Pennsylvania
Resolution #9-2010
A RESOLUTION OF THE HOME RULE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA
WHEREAS, the proposed plan for the high speed railroad does not currently include a Cleveland to Erie to Buffalo corridor; and
WHEREAS, the inclusion of Erie, Pennsylvania in the proposed high speed rail will provide a critical connection between new York and Ohio and synergize economic activity throughout the Northeast while providing a crucial connection to the Midwest; and
WHEREAS, high speed rail trains, especially at distances of less than 400 miles, can deliver passengers to their downtown destination as fast as an airplane, but at a fraction of the cost, and in virtually any weather; and
WHEREAS, high speed rail construction is one-tenth the cost of highway construction per mile, provides an income stream to pay for maintenance, and yields between $1.70 and $2.50 in benefits for every dollar expended; and
WHEREAS, the inclusion of the Cleveland to Buffalo corridor in the nation’s high speed rail plan is a cog in the wheel of economic progress in the northeast, as it is crucial to increased job creation, commerce, improved air quality, and the generation of billions of dollars in economic activity; and
NOW, THEREFORE, be it resolved that our federal legislators are hereby respectfully urged to fight for the inclusion of a Cleveland to Erie to Buffalo corridor in the nation’s high speed rail plan so that the benefits of the President’s Stimulus Plan may come to fruition in Northwest Pennsylvania.
BE IT RESOLVED AND ENACTED THIS ____ DAY OF __________, 2010 by Council of the Home Rule Borough of Edinboro.
Clifford Allen seconded the motion. Jean Davis stated that she was shocked that the plan was NY City to Buffalo and then Cleveland to Chicago but nothing in between from Buffalo to Cleveland, it just didn’t make sense.
The motion passed by roll call vote 7-0 as follows: Brenda Cannell, yes; Michael Amidon, yes; Jean Davis, yes; Mary Ann Horne, yes; Gregory Lucas, yes; Clifford Allen, yes; and John Austin, yes.
Mayor Austin went on to read a letter form Carol Klonicki dated January 30, 2010. Washington Township Liaison Mary Jo Campbell asked to speak regarding this letter. She informed Council that the Washington Township Zoning Officer was looking into it and they want to make sure that everyone’s rights are protected. DEP has a timeline. The Planning Commission will meet on it and the owner needs to reapply.
Thank you note from Shirley McKay of 95 Erie Street was read by Mayor Austin. “I wish to express my appreciation to the snow removal crew for doing such a good job. Regardless of temperature or weather conditions, they always get the job done as soon as possible. Due to my age, it is difficult for me to shovel much, so this is a great help to me.
Being no other communications, Mayor Austin moved on to new business.
NEW BUSINESS:
Michael Amidon stated that at the past meeting Council addressed executive salary wages. He thinks it was reckless and unconceivable and asked Council to repeal this. We are in financial tough times and this is a wrong time to give raises. He again asked Council to consider repealing this.
Mayor Austin stated they couldn’t.
Being no further new business, Mayor Austin asked for a motion to adjourn.
Mary Ann Horne moved for adjournment, and the meeting was adjourned at 8:00 P.M.
©Copyright March 2010