HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
March 8, 2010
Call to Order:
The following Council members were present: Michael Amidon, Brenda Cannell, Greg Lucas, Jean Davis, John Austin, and Mary Ann Horne. Member absent was Clifford Allen. Also in attendance was T. Jemetz, Borough Manager; Ritchie Marsh, Solicitor; and Marie Lander, Assistant to the Manager. Guests included: Kathy Amidon; MJ Campbell, Washington Township Liaison; Jody Marzka; and Amber Wellington of the Edinboro News.
Mayor Austin introduced the minutes from the February 8, 2010 CDBG Hearing and Regular Council meeting. Mary Ann Horne moved for approval of the minutes as printed. Greg Lucas seconded. The minutes passed as presented by 6- 0 voice vote.
Public Participation:
Mayor Austin opened the meting to public participation.
Chreyl Lees, Manager of Loss Control Services of Penn Prime stated that she was present to present the PennPrime 2009 Peak Performer award to Council for the 4th year in a row. The Borough is only one of thirteen recipients of the award. The award is granted based on criteria, member with loss ratio less than 30% while the Borough’s was 17%; must be member for at least 3 years while the Borough has been a member since 1993; must have a safety committee; annual self-assessments, provide safety training to all employees, and develop written safety procedures. Cheryl presented on the behalf of PennPrime Insurance Trust the 2009 Peak Performer Award to Mayor Austin. Mayor Austin thanked you for her attendance and the award.
Jody Marzka, 100 Davis Drive. Ms. Marzka read a list of questions she wanted to ask Council. She said she didn’t need an answer right away she was looking for a timely written response. Mayor Austin stated that she should stop in the office to see the Manager regarding her questions.
Being no one else interested in speaking, Mayor Austin moved on to old business.
Committee Reports:
Finance Committee: Jean Davis stated that the committee met March 22 and March 8 to review the bills and purchase orders, discuss deregulation quotes, cable franchise renewal, and Erie County Tax Collectors District (ECTCD).
Jean Davis moved to approve the bills dated February 22 of $ 53,052.80 and March 8, 2010 of $ 35,770.21. Michael Amidon seconded and the motion passed by 6-0 voice vote.
Jean Davis moved to approve payroll ending February 6th paid February 12, 2010 of $61,159.55 and payroll ending February 20 paid February 26, 2010 of $58,779.84. The motion was seconded by Michael Amidon and passed by 6-0 voice vote.
Jean went on to explain that in Council’s packets was information regarding the Flagship Investment review of our Pension Plans. The good news was a favorable report of 27% increase.
Jean Davis moved to authorize the Manager and management to negotiate and secure rates for four year term for electric because of deregulation on December 31, 2010. Mary Ann Horne seconded the motion. Mayor Austin stated that they reviewed 1 yr rates up to 4 year rates and the difference is very small and the opportunity to lock in for 4 years is ideal. He felt that with state deregulation the prices will go up and he doubted they would go lower. The motion passed by 6-0 voice vote.
Jean Davis introduced the agreement with Felix & Gloekler for auditing in 2010-2012. Michael Amidon moved appointing Felix & Gloekler for 2010-2012 at a price not to exceed $9,500 each year. Brenda Cannell seconded the motion and it passed by 6-0 voice vote.
Jean noted they would meet March 24 at 1:30 for their next meeting.
Ordinance Review Committee: Jean Davis introduced Ordinance 578 regarding cell equipment for it’s first reading with a hearing to be held April 12th at 6:15 p.m.
Home Rule Borough of Edinboro
Amendment Zoning Ordinance
ORDINANCE 578
An ordinance amending Chapter 27 Borough of Edinboro Zoning Ordinance 457 of the Code of the Borough of Edinboro (Ordinance 545) regulating the location of cellular communication equipment and towers, permitting requirements and definitions associated with such use; and
WHEREAS; the Home Rule Borough of Edinboro has power to amend the adopted zoning ordinance to reflect modern day land uses and advances in technology; and
WHEREAS; the demand for cellular telephone service has increased and become the standard form of personal communication among the population; and
WHEREAS; in response to customer demands, cellular providers are seeking alternate methods and designs to provide cellular service to its customers; and
WHEREAS; reasonable amendments and regulations may be established by the Borough Council from time to time; and
THEREFORE, The Home Rule Borough of Edinboro hereby amends and adopts the following:
1] DELETE from Section 405.2 ……….. communication towers,……..
2] ADD the following DEFINITIONS Section 202 the following words and terms:
Communication tower: A structure designed and constructed to support
communication equipment including cellular, radio, television, short wave
and similar. It may be a mono pole design or lattice type whether guyed or
non-guyed
Co-Location: To attach or mount communication on existing structures
such as communication towers or tall commercial occupancy buildings.
Height of communication towers: The vertical distance measured from
the ground level to the highest point on a communications tower, including
antennas mounted on the tower
Cellular Equipment: Mechanical, electrical, electronic and
telecommunication apparatus and devices used in conjunction with cellular
communication. This definition shall not include structures supporting
such equipment.
ADD to the definition of Essential Services the following sentence: ….
This definition shall not apply to cellular towers and equipment
3] ADD to Table 306.10
U- University District
Special Exception
Add → Cellular Towers (308.50)
4] 308.50 (new) Cellular Communication Equipment
The placement of communication towers and equipment within the Borough boundaries may cause a nuisance and/or a hazard and must therefore be carefully regulated.
Co-location of cellular communication equipment on existing commercial buildings and on existing public utility structures is the preferred solution and is encouraged over tower construction.
The co-location of cellular equipment on existing towers and commercial occupancy buildings shall be a Permitted Use provided that the height of the structure is not increased. The antennae and the fasteners may extend above the existing supporting structure but not more than 20 feet.
Applications that would result in an increase of structure height shall be treated as a Special Exception and shall be reviewed by the Zoning Hearing Board.
The following regulations and standards shall apply to new cellular towers:
1] Cellular towers shall be allowed as a Special Exception in the University (U)
District and shall be reviewed for approval or denial by Zoning Hearing Board through the application process for such use.
2] The applicant for the construction of a new tower must demonstrate thru written documentation that co-location on existing structures is not technically feasible. This documentation shall be prepared, signed and stamped by a qualified registered professional engineer specializing in cellular communication.
3] Tower height is limited to 150’
4] Mono pole / guy less design is encouraged unless technical
documentation supports the need for guy wires
5] If guys are used they shall anchor on the same property as the tower property
or lease line
6] The tower shall be located at least 500’ from any residential use structure
7] The minimum setback dimension from all property lines shall be that equal to
or exceeding the height of the tower
8] Each tower site shall provide at least two (2) paved parking spaces for service vehicles.
9] Equipment structures and buildings shall meet all other dimensional, height
and setback requirements for accessory structures as stated in this ordinance.
They shall be limited to 400 sq ft in area
10] Fencing and other security measures are permitted as required by United
States Homeland Security and other federal agency requirements
11] Lighting and color schemes shall be regulated by the Federal Aviation
Administration.
The Borough of Edinboro hereby ORDAINS and ENACTED on this ________ day of ________, 2010, by Council of The Home Rule Borough of Edinboro, Erie County, Pennsylvania, in lawful session duly assembled.
Mary Ann Horne seconded the motion. The motion passed by 6-0 roll call vote: Clifford Allen, absent; Michael Amidon, yes; Jean Davis, yes; Mary Ann Horne, yes; Gregory Lucas, yes; Brenda Cannell, yes; and John Austin, yes.
Jean Davis went on to inform Council that Ordinance 577, Flood Plain Ordinance, was still in the draft form and would be presented in the near future. Mayor Austin stated that it is an ordinance per FEMA, Flood Emergency Management Assoc, which is a federal mandated ordinance.
SOLICITOR’S REPORT:
Solicitor Marsh stated he had been working with John Groh and Manager Jemetz regarding Edinboro Inn notices for repairs. Secondly he was working on setting up a meeting with Kranick (KEC) the contractor for the sewer plant expansion to resolve problems. Draft easement for Lakeside for the old annex street is being reviewed. These are the major items worked on last month and this month.
Manager Jemetz updated Council on many items from the sewage plant project; 6N Willow/Elm St storm sewer Phase II; the sidewalk project; generator; storm water on Aspen & Pineview; no change in lease of tower except have a second interested company; meeting this Wednesday with Felix & Gloekler regarding audit of 2009; attended emergency training 2/9, 3/1, and upcoming on 3/22 at 7 p.m.; meeting regarding source water held 2/24 and will meet monthly; attended energy providers reducing energy meeting with several staff members and got good information; town and gown meeting tomorrow with Mayor to also attend; and Mayor Austin & I attended Washington Township meeting and presented them with a shovel from the Sewer Plant Project.
Finance:
Erie County Tax Collection District: Letter requesting support of new budget calculation for 2010 was received and reviewed by Council. Marie Lander asked for approval for the delegate to accept the new budget. Jean Davis moved to authorize the delegate, Marie Lander, to vote for the amended budget and Mary Ann Horne seconded. Mayor Austin stated this was not a great amount of funds and was for collecting taxes. Marie Lander informed the Council this was for the start up funding for RFP for auditors and Tax Collection agencies as well as costs of advertising meetings and solicitors. When the RFP for tax collection is accepted then we should see a savings with the size of the district we should get lower costs for collection. The new budget would require an additional $524.56 from the Borough to the ECTCD. The motion passed by 6-0 voice vote.
Edinboro Volunteer Fire Department: Manager Jemetz went on to explain they received notice that the EVFD would get a refund from the insurance carrier for changes made in the policy. The savings would be divided appropriately to the municipalities by the Borough.
Police: Police reports for January in the packet for review.
Code Enforcement/Planning/Zoning:
February’s report was in the packets for Council’s review.
Public Works:
Public Works bid for a truck bed was received from Garnon Truck Equipment, Inc. Mary Ann Horne moved to accept the bid and award it to Garnon Truck Equipment, Inc. in the amount of $35,860.00. Greg Lucas seconded the motion. Michael Amidon asked if this was a replacement of a vehicle. Manager Jemetz stated it was an old truck over 10 years that was rotted out. Mr. Amidon asked if it would be sold. Manager Jemetz felt it would not bring more than $2000 because of the bad shape. Marie Lander informed them it was a 1990 truck. Being no further discussion the motion passed by 6-0 voice vote.
Wastewater Collection &Treatment:
Notice from Herbert, Rowland & Grubic, Inc. (HRG) regarding the NPDES permit renewal process for the Edinboro Borough Municipal Authority STP was enclosed for the Council’s information.
COMMUNITY LIAISONS:
Environmental Shade Tree Advisory Committee: Mary Ann Horne noted they had a scheduled meeting.
Erie County Planning Liaison: Brenda Cannell noted she attended the 2/17/2010 MPO meeting. This was her first meeting and was just getting her feet wet.
EVFD Board Liaison: John Austin reported that he heard the new 911 program costs $25 million and was had no vote of confidence and was moving to a new program. They revised their insurance to a higher deductible from $500 to $1000 to get a savings for the municipalities. They will have Thursday dinners to raise funds and a Pig Roast at the VFW.
Municipal & Water Authority: Jean Davis reported Manager Jemetz covered most of the items in his report. She noted that the Department of Environmental Protection (DEP) has required an emergency notification system by May. The water department is looking at Swiftreach to make the calls to residents as needed for a cost in 2010 of $740.
Washington Township Liaison: Brenda Cannell stated she attended in February and the Manager and Mayor attended in February when they presented the shovel to the
Watershed Association: Mary Ann Horne stated she was not at the last meeting but a letter from the Watershed was in the packets.
Joint Planning Commission: Greg Lucas asked about the information regarding the update. Manager Jemetz stated it was received on Friday and that it was not reviewed as of today. Mr. Lucas asked for an electronic copy so he could review it and John Groh stated he would send it to him. The resolution 6-2010 was left tabled until the documents were reviewed..
COMMUNICATIONS:
Mayor Austin noted the letter from David Storch and the Manager’s response for Council’s information.
Mayor Austin went on to explain that a notice from US Census Bureau to public officials to get people in their municipalities to mail in the census. This is important so everyone gets their allocations of funds from the Federal Government and States. Mary Ann Horne asked that this be put on the cable station of the Borough.
Being no other communications, Mayor Austin moved on to new business.
NEW BUSINESS:
Mayor Austin reminded Council of the Auditor meeting March 10th at 6 p.m. and that the Municipal Building would be closed on March 10th during the day because of power outage.
Being no further new business, Mayor Austin asked for a motion to adjourn.
Greg Lucas moved for adjournment, and the meeting was adjourned at 7:30 P.M.
ATTEST:
_______________________________ _________________________________
Borough Manager Taras Jemetz Mayor John Austin
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
March 8, 2010
· Payment of bills
· Minutes
· Payroll
· Ordinance 577 - inprocess
· Ordinance 578 – 1st reading – Hearing 4/12
· Authorize delegate of ECTCS to vote for budget
·
·
POSTPONED
1. Resolution 6-2010 Joint Planning Commission amendments
2.
UPCOMING MEETINGS:
March 10th 6:00 p.m. Audit workshop
March 24, 2010 1:30 p.m. Finance Committee Meeting
April 12 4 p.m. Finance Committee Meeting
April 12, 2010 5:00 p.m. Authority Meeting
April 12 6:15 p.m. Hearing Ordinance 578
April 12 6:30 p.m. Council Meeting
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING AGENDA
March 8, 2010
6:15 p.m. PENN PRIME Presentation
6:30 p.m. Regular Meeting
I. Call to Order of the Regular Council Meeting by Mayor Horne
II. Roll Call: Clifford “Kip” Allen _A___, Brenda Cannell ________, Michael Amidon _____, Mary Ann Horne __, Jean Davis ____, Greg Lucas __, John Austin __ Manager Taras Jemetz _____, Solicitor Marsh ____; and Marie Lander, Assistant to the Manager _____.
Member to be absent: Clifford Allen
III. Approval of Minutes
· Regularly Scheduled Hearing & Meeting of February 8, 2009
Action: Motion to approve minutes
IV. Public Participation –
· Penn Prime – Presentation – Cheryl Lees
· Weber, Murphy, Fox Architects – Dennis Wilkins – Phase II Highland Dorms
·
V. Old Business
1. Finance Committee/Pension Committee/ Negotiation Committee – Jean Davis. Chair - Met Feb 22 & March 8
a. Authorization to approve bills paid February 22 totaling $ 53,052.80___ and March 8, 2010 totaling _35,770.21_
b. Authorization to approve payroll ending February 6 and paid February 12 totaling $61,159.55 and payroll ending February 20 paid February 26 totaling $ 58,779.84
c. Retirement Plan Review – Flagship - FYI
d. Authorize management to negotiate and secure rates for electric because of deregulation 12/31/2010 – ACTION
e. Auditing services for 2010-2012 - ACTION
2. Ordinance Review Committee –Chair Jean Davis
a. Ordinance 578 – Cell equipment -1st Reading – Hearing April 12
b. Ordinance 577 – Flood Plain Ordinance per FEMA --still in draft review – no action
3. Personnel Committee –Chair Brenda Cannell
4. Public Safety –Chair Mary Ann Horne
5. Recreation/Lake/Environment –Chair Michael Amidon
6. Street, Buildings, and Grounds- Chair Clifford Allen
7. Committee of the Whole
B. Solicitor's Report:
1. Kranick v.s. Borough; Halmi; HRG; Washington Township; Municipal Authority of the Borough of Edinboro – Erie County Court of Common Pleas NO. 13015-2009 – nothing to report
2. Edinboro Homes Assessment Appeal
3.
C. Management's Report:
1. Manager Jemetz
A. Monthly report
2. Finance:
ECTCD-Minutes Nov – January
ECTCD 2/17/2010 letter - ACTION
3. Personnel
4 Emergency Management
5. EVFD : e-mail notice -fyi
6. Police :
a) Report – FYI
7. Employee Safety Committee - FYI
8. Code Enforcement/Planning/Zoning
A. Monthly Report –-FYI
9. Public Works
Bid to Garnon Truck Equipment, Inc. $35,860.00 – bed new truck—ACTION AWARD
10. Wastewater Collection & Treatment – Notice from HRG regarding NPDES Permit renewal process -fyi
11. Water System
D. Community Liaisons
1. EUP Liaison - John Austin alt TJ
2. Environmental Shade Tree Advisory Committee – Mary Ann Horne
3. Erie County Planning Liaison – 2/17/2010 MPO -Brenda Cannell alt TJ
4. EVFD Board Liaison – John Austin alt Mary Ann Horne
5. PLCM - Kip Allen alt TJ (notice of scholarship contest)
6. Municipal & Water Authority – Jean Davis
7. Washington Township Liaison - Brenda Cannell & Jean Davis
8. Watershed Association - 2/22/2010 Letter to Council --Mary Ann Horne
9. Joint Planning Commission – Greg Lucas
a) Resolution 6-2010 backup information
E. OTHER OLD BUSINESS:
A. David Storch, 106 Davis Drive – Manager’s response – FYI
B. US Census Bureau - FYI
VI. New Business
A. March 10th Municipal Building closed until 6 p.m. meeting with Auditors
VII. Adjournment
2010 EDINBORO BOROUGH COUNCIL MEETINGS 2nd Monday 6:30 p.m.
©Copyright April 2010