HOME RULE BOROUGH OF EDINBORO
PUBLIC HEARING on ORDINANCE 578 MINUTES
April 12, 2010
Call to Order:
Mayor Austin opened the Public Hearing at 6:15 p.m. on Monday, April 12, 2010, to take input on Ordinance No. 578.
In Attendance:
Mayor John Austin; Mary Ann Horne; Brenda Cannell; Michael Amidon; Greg Lucas; Clifford Allen; Manager Jemetz; Jean Davis; Marie Lander; Jody Marzka; Richard Marzka; Steve O’Neill; Jamie Lutz; Kanan Sablo; Chris Bost; Ben Krutto; Russell Kramer; Kathy Amidon; M J Campbell, Washington Township Liaison; and Amber Wellington of the Edinboro News.
Ordinance Review Chair, Jean Davis noted that the ordinances were advertised for a public hearing tonight.
Memo from the Edinboro Planning Commission dated march 15, 2010 noted that they viewed this ordinance as a positive amendment with reasonable regulations and therefore recommends approval of the proposed ordinance as drafted.
Letter from Erie County Planning Department dated march 15, 2010 was also received. It stated, “Based on our review, it appears that the proposed ordinance and amendments to the Borough of Edinboro Code of Ordinances are generally consistent with the Erie County Comprehensive Plan, as adopted.”
Mayor Austin asked if anyone was interested in giving input. Being no one, he asked Council.
Clifford Allen noted that that the hearing was for people to give input and voice their opinion and it should be noted that no one was present at this time wishing to speak. The ordinance has been in the Council’s packets, on the Council Chamber’s window, and in the front office for review.
Mayor Austin left the meeting open to take input of residents that may show up later.
At 6:25 p.m. the Mayor asked those present if they wished to speak on the ordinance. Being still no one interested in speaking, the Mayor asked for adjournment of the Hearing.
Mary Ann Horne moved for adjournment at 6:25 p.m.
ATTEST:
_______________________________ _________________________________
Borough Manager Taras Jemetz Mayor John Austin
HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
April 12, 2010
Call to Order:
The following Council members were present: Michael Amidon, Brenda Cannell, Greg Lucas, Jean Davis, John Austin, Clifford Allen, and Mary Ann Horne. Also in attendance was T. Jemetz, Borough Manager; Ritchie Marsh, Solicitor; and Marie Lander, Assistant to the Manager. Guests included: MJ Campbell, Washington Township Liaison; Jody Marzka; Richard Marzka; Steve O’Neill; Jamie Lutz; Kanan Sablo; Chris Bost; Ben Krutto; Russell Kramer; Kathy Amidon; and Amber Wellington of the Edinboro News.
Mayor Austin introduced the minutes from the March 8, 2010 Regular Council meeting. Mary Ann Horne moved for approval of the minutes as printed and Greg Lucas seconded. Discussion followed. The minutes passed as presented by 7- 0 voice vote.
Public Participation:
Mayor Austin opened the meting to public participation.
Jamie Lutz, 107 Green Oaks Drive.
Jamie stated she was present because she was again in charge of the “Big Event’ which is a community service project of student at EUP. They clean up yards, wash windows, work in gardens all for residents of the community. This year it will be April 24th. She will be contacting the Borough management about picking up bags of leaves, etc. Currently she has 15 participants and she would also interested in helping to clean the parks if possible.
Mayor Austin thanked her and Dr. Sablo for coming down to the meeting to inform Council of this great benefit to our community.
Jody Marzka, 100 Davis Drive. Ms. Marzka thanked manager Jemetz for his March 15, 2010 letter but she still had concerns. She was still lowing for facts and figures and cost offset and how much paid. She asked for the answers tonight. She gave a situation where rental unit could not be rented to a student and then they rented it to a family and wondered if they forfeit their student license.
Manager Jemetz stated every case is different and at some point it will be a family rental and not a student rental. As in non conforming uses it is considered abandoned after a year. He asked her to speak with the Zoning Officer who works with this daily because of the many variables and non conforming can be abandoned after a year but not necessarily.
Jody asked how apartments were licensed.
Manager Jemetz stated she should stop and talk with John Groh the Zoning Officer. The apartments must give tenant lists but they are not single family homes and not affected the same.
Mayor Austin again stated that this was a place in the meeting to give citizen comments not a place for questioning. This is also not a place for a debate, the ordinance was written and the Manager and Zoning Department must follow the ordinance.
Jody Marzka stated she wanted facts and figures.
Manager Jemetz stated that she should file an open records request and give the list of particular records she is requesting to Marie Lander.
Mayor Austin stated that he went to the Maple Sugar Festival held by the EVFD and Historical Society and there were over 1000 pancake breakfast made and many vendors. He wanted to thank the university for their cooperation on this community event.
Being no other residents wishing to speak, Mayor Austin moved on to old business.
Committee Reports:
Finance Committee: Jean Davis stated that the committee met March 24 and April 12 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 March 24 of $103,287.06 and April 12, 2010 of $ 68,252.76. Clifford Allen seconded and the motion passed by 7-0 voice vote.
Jean Davis moved to approve payroll ending March 6th paid March 12, 2010 of $77,443.69, payroll ending March 20th paid March 26 totaling $58,149.67; and payroll ending April 3 paid April 9, 2010 of $77,369.16. The motion was seconded by Clifford Allen and passed by 7-0 voice vote.
Jean Davis moved to renew the Cable Franchise for another 5 years from January 1, 2011 to January 1, 2016 with Coaxial Cable Television Corporation. Mary Ann Horne seconded the motion.
Manager Jemetz noted that a memo was in the packets from Marie Lander, Assistant to the Manager regarding an audit of Coaxial and recommendations for reports to be sent quarterly with the payments.
The motion passed unanimously by 7-0 voice vote.
Mayor Austin asked if Jean was going to talk on electric rates or he should. He went on to tell Council that they had asked the Manager to lock in 4 years and after discussion in the Finance committee we feel since the rate dropped we are not sue what to do except it is lower in the beginning so we recommend a 2 year rate. Clifford Allen stated that in Finance committee the four year rate was much higher and would be for the all four years. They would like to commit to 2 year rate over the 2 year period.
Clifford Allen moved to authorize the Manager to accept the 2 year rate for electric through Constellation Newenergy, Inc. Michael Amidon seconded the motion and it passed by 7-0 voice vote.
Jean Davis noted they would meet April 26 at 1:30 for their next meeting.
Ordinance Review Committee: Jean Davis introduced Ordinance 578 for the second reading which the hearing was held prior to this meeting.
Jean Davis moved adoption of the 2nd reading and Mary Ann Horne seconded the motion.
Greg Lucas moved to waive the reading of the full ordinance and Clifford Allen seconded. The motion passed by 7-0 voice vote.
The motion to adopt the 2nd reading passed by 7-0 roll call vote: Clifford Allen, yes; 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 the committee needed to meet to discuss Ordinance 577 the Flood Plain Ordinance per FEMA mandate and the Storm Water Management Ordinance that Erie County has drafted. They would meet and report back to Council next meeting.
Streets, Buildings & Grounds Committee: Greg Lucas stated he had a few more street lights to be marked. He recommended the police mark with tape on the poles so Penelec will have no question on what lights.
SOLICITOR’S REPORT:
Solicitor Marsh was present but had nothing to report.
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; lease of tower; audit meeting with Felix & Gloekler; attended training, Town & Gown meeting; fire insurance; copier; police negotiations; FEMA flood plan meeting April 24th at 10 a.m. with residents it impacts; weed spraying and what portion is the Borough’s responsibility; Triathalon; UCC appeal Hearing on April 29th regarding Edinboro Inn appeal of structural matters; and several articles from Erie Times regarding payment in lieu of taxes.
Manager Jemetz stated the auditors commended Marie Lander for a job well done and excellence on the audit and he has given an on the spot cash for this. Mayor Austin stated he attended the audit review and also wanted to thank Marie Lander for a good job.
Manager Jemetz asked for a motion to approve the road closing for the Triathalon as presented in the application in their packets.
Mary Ann Horne moved and Greg Lucas seconded the approval for Edinboro Triathalon road closing. The motion passed by 7-0 voice vote.
Police: Police reports were in the packet for review.
Code Enforcement/Planning/Zoning:
March’s report was in the packets for Council’s review.
Notice of public meeting to inform those in the flood zone is scheduled April 24th at 10 a.m. in Council Chambers. Notice to these residents is going out this week.
Public Works:
Public Works bid for asphalt crack sealing were opened on Friday April 9th as follows:
Name Address Unit Price Est.1200 tons
Total Amount
Russell Standard Corp Union City, PA $17.83 $21,396.00
Suite Kote Corp Meadville, PA $14.17 $17,004.00
Michael Amidon moved to award the bid to Suite Kote Corp for $14.17 a gallon for total bid price of $17,004.00. The motion was seconded by Greg Lucas and passed by 7-0 voice vote.
COMMUNITY LIAISONS:
EUP Liaison: John Austin reported that they had a sign raising with EUP and he would be meeting with President Brown soon and asked Council for any suggestions to have the university assist us. Some examples are art work, printing, and planning.
Environmental Shade Tree Advisory Committee: Mary Ann Horne stated she had a Arbor Day Proclamation as follows:
:
WHEREAS, In 1872, J. Sterling Morton Proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and
WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and
WHEREAS, Arbor Day is now observed throughout the nation and the world, and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating ad cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife, and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products, and
WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal.
NOW,THERFORE, I, Mary Ann Horne, Environmental Shade Tree Advisory Committee Chair of the Home Rule Borough of Edinboro, do hereby proclaim April 30, 2010 as ARBOR DAY In the Borough of Edinboro, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and
FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations.
Dated this 12th day of April 2010 by Chairman of the Environmental Shade Tree Advisory Committee Mary Ann Horne
Erie County Planning Liaison: Brenda Cannell noted she attended the past meeting that they discussed the FEMA mandated flood zone and the storm water management plan.
EVFD Board Liaison: John Austin reported that the fire department did a good job on the old Morton House fire and he was proud of them. Their next meeting is next Monday.
PLCM: Clifford Allen reported the regional meeting is Tuesday April 20th and they would be car pooling. Mayor Austin stated that June 22-25 is the PLCM Conference and at that meeting Kip should move from 1st Vice President to President of PLCM. Clifford Allen stated this would be a great privilege to be President.
Municipal & Water Authority: Jean Davis reported the Water Authority was going to flush hydrants on Thursday night. The Municipal Authority is working on maintenance project of approximately $200,000 this year.
Washington Township Liaison: Brenda Cannell stated she had nothing to report.
Watershed Association: Mary Ann Horne stated she had nothing to report.
Joint Planning Commission: Greg Lucas stated he still needed to review the letter from Washington Township and the documents with the Manager before giving his recommendations at the next meeting.
Resolution 6-2010 was left tabled until the documents were reviewed..
COMMUNICATIONS:
Mayor Austin noted that a letter from Raudenbush Engineering, Inc regarding Edinboro University and Geothermal Well Drilling Operations was in the packets for the Council’s information.
Mayor Austin read a letter dated April 8, 2010 from Tom Moore:
“Approximately three weeks ago, in the midst of our last winter blast where we quickly accumulated two to three feet of heavy snow, at a rental cottage at Lakeside I discovered a burst water pipe in a crawl space. It had broken on the meter so it could not be turned off. Dennis Skelton immediately came to my rescue and called the Borough maintenance department for a replacement and a shut off of the water line at the street so he could repair the leak.
Within minutes not only was the part delivered but Doug Bennett brought the heavy backhoe to remove tons of snow in order to find the street shutoff and within minutes a minor miracle occurred and the leak was fixed.
Kudos to Doug and the street department. We often take living in a small town for granted but this kind of service is why the Borough is a special place.”
Clifford Allen asked if Doug was given a copy of the letter. Manager Jemetz stated he had one also.
Being no other communications, Mayor Austin moved on to new business.
NEW BUSINESS:
Mayor Austin stated he was attending the PSAB Conference at his own expense and was asking to be the voting delegate for the Borough. Clifford Allen moved to appoint Mayor Austin as the voting delegate and Mary Ann Horne seconded. The motion passed by 7-0 voice vote.
Mary Ann Horne moved to authorize the Edinboro Recreation Department under Andy Schulz and Bob Jahn to hold a 3 on 3 basketball in June 2010. Brenda Cannell seconded the motion.
Clifford Allen moved to amend the motion to require Mr. Schulz and Mr. Jahn to furnish information on the number of participants in 2009 from the Borough of Edinboro and outside the Borough as well as their projection for participants in 2010. Michael Amidon seconded the motion. Mr. Allen stated he had requested this in the past and the fee schedules shows that the Borough participants get a discount. After much discussion the motion passed by 7-0 voice vote.
Motion to authorize the 3 on 3 event also passed by 7-0 voice vote.
Mayor Austin noted that an application to rezone property was in the packets for action. He asked for a motion to instruct the Manager to send notices to Edinboro Planning Commission and Erie County Planning for their comments and to authorize advertisement of a hearing on June 14th at 6:15 p.m. This is the property the University wishes to use for a police station and welcome center next to the post office.
Mary Ann Horne moved the motion and Greg Lucas seconded. The motion passed by 7-0 voice vote.
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 8:10 P.M.
ATTEST:
_______________________________ _________________________________
Borough Manager Taras Jemetz Mayor John Austin
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
April 12, 2010
· Payment of bills
· Minutes
· Payroll
· Ordinance 578 – 2nd reading
· Authorize Mayor Voting delegate at PSAB Conference
· Authorize 3 on 3 basketball if given # for 2009 and estimate 2010
· Authorize 2 yr agreement for electric
· Suit Kote Corp – bid award for crack sealing
· 5 year renewal of Coaxial cable franchise
· Environmental Shade Tree Advisory Committee Chair proclaims 4/30 as Arbor Day
· Authorize road closing for Edinboro Triathalon
POSTPONED
1. Resolution 6-2010 Joint Planning Commission amendments
2.
UPCOMING MEETINGS:
April 24, 2010 10 a.m. Resident meeting in Flood Zone
April 26, 2010 1:30 p.m. Finance Committee Meeting
April 13, 2010 Ordinance Review Committee
May 10, 2010 5:00 p.m. Authority Meeting
May 10 6:30 p.m. Council Meeting
June 14 6:15 p.m. Hearing on University request to rezone property
1) Notify police regarding streetlights out
2) Notify Edinboro Planning Commission & Erie County Planning regarding University request to rezone property.
3) Advertise hearing on rezoning of property
4) Set up Ordinance Review Committee Meeting
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING AGENDA
April 12, 2010
6:15 p.m. Hearing Ordinance 578
6:30 p.m. Regular Meeting
I. Call to Order of the Regular Council Meeting by Mayor Austin.
PLEDGE of Allegiance
II. Roll Call: Clifford “Kip” Allen ___, 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 Meeting of March 8, 2009
Action: Motion to approve minutes
IV. Public Participation –
·
V. Old Business
1. Finance Committee/Pension Committee/ Negotiation Committee – Jean Davis. Chair - Met
a. Authorization to approve bills paid March 24 totaling $ 103,287.06_ and April 12, 2010 totaling _$68,252.76
b. Authorization to approve payroll ending March 6 and paid March 12 totaling $ 77,443.69 and payroll ending March 20 paid March 26th totaling $ _58,149.67__ and payroll ending April 3 paid April 9 totaling $ 77,369.16
c. Coax Franchise renewal – ACTION
2. Ordinance Review Committee –Chair Jean Davis
a. Ordinance 578 – Cell equipment - Hearing prior meeting – 2nd reading
b. Set up Ordinance Review Committee meeting to discuss
1) Ordinance 577 – Flood Plain Ordinance per FEMA --still in draft review – will need to start advertising process in May - no action
2) Storm Water Management Ordinance – draft from Erie County
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. HANDS
3.
C. Management's Report:
1. Manager Jemetz
A. Monthly report
1) action on Triathalon road closing
2. Finance:
ECTCD-Minutes February - March
3. Personnel
4 Emergency Management
5. EVFD :
6. Police :
a) Report – FYI
7. Employee Safety Committee - FYI
8. Code Enforcement/Planning/Zoning
A. Monthly Report –-FYI
B. Flood Zone Public Meeting April 24th 10 a.m. -FYI
9. Public Works
a) Bid 4/9/2010 on ASPHALT CRACK SEALING – County Aid funds - ACTION accept bids & award bid
10. Wastewater Collection & Treatment
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 –-Brenda Cannell alt TJ
4. EVFD Board Liaison – John Austin alt Mary Ann Horne
5. PLCM - Kip Allen alt TJ
6. Municipal & Water Authority – Jean Davis
7. Washington Township Liaison - Brenda Cannell & Jean Davis
8. Watershed Association - --Mary Ann Horne
9. Joint Planning Commission – Greg Lucas
a) Resolution 6-2010 tabled
E. OTHER OLD BUSINESS:
A. EUP Geothermal Well Drilling Operations – 3/22/2010 notice
B. Letter 4/8/2010 from Tom Moore
VI. New Business
A. PSAB Conference – ACTION appointment Mayor Austin as voting delegate
B. 3 on 3 basketball – Authorize Edinboro Recreation Department event June 2010 – same as prior years - ACTION
C. Application to Rezone Property - ACTION
1) Instruct Manager to send to Edinboro Planning Commission for comments (MTG 5/11/2010 at 5 p.m.)
2) Instruct Manager to send to Erie County Planning for comments
3) Authorize advertisement of a hearing on June 14th 6:15 p.m.
D.
VII. Adjournment
2010 EDINBORO BOROUGH COUNCIL MEETINGS 2nd Monday 6:30 p.m.
April 12; May 10; June 14; July 12; August 9; September 13; October 11; November 8; December 13
©Copyright April 2010