HOME RULE BOROUGH OF EDINBORO
PUBLIC HEARING MINUTES
June 14, 2010
Call to Order:
Jean Davis read the Public Hearing Notice as follows:
PUBLIC NOTICE OF INTENT TO ADOPT &
NOTICE OF PUBLIC HEARING
Pursuant to the Edinboro Zoning Ordinance 545 (as amended) the Pennsylvania Municipalities Planning Code Act 247 and the Sunshine Act, the Borough of Edinboro Council will conduct a hearing and take appropriate action in regards to the following application:
Edinboro University of Pennsylvania, for property located at 260 Waterford St Parcel ID #11-18-49-9.01 asking to rezone the parcel which is presently zoned C-2 Commercial District change classification to U University Zoning District.
The Edinboro Planning Commission will review the application and provide recommendation during their Regular Meeting of May 11, 2010 at 5:00 pm in the Borough Council Work Room.
The Borough Council will conduct a Public Hearing on the request prior to the Regular Council Meeting of June 14, 2010 at 6:15 p.m.. Council will vote and take formal action during the meeting that evening on Ordinance 579 as follows:
HOME RULE BOROUGH OF EDINBORO
ORDINANCE 579
AN ORDINANCE TO AMEND ZONING ORDINANCE 457, ENACTED THE 31ST DAY OF JANUARY, 1004, ENTITLED BORUOGH OF EDINBORO ZONING ORDINANCE AND ITS ACCOMPANYING BORUOGH OF EDINBORO OFFICIAL ZONING MAP.
Whereas, the Municipalities Planning Code (MPC) Act 247 allows municipalities to amend zoning ordinances and accompanying maps as prescribed in Section 609; and
Whereas, the Home Rule Borough of Edinboro has adopted Zoning Ordinance 457 pursuant to the MPC and has the power to amend it as authorized by law; and
Whereas, the owner has filed an application and wishes to rezone a parcel of land to utilize it for their specific need and permissible use; and
Whereas, the Home Rule Borough of Edinboro conducted a public hearing as required by the MPC to hear relevant testimony to the rezoning application; and
Therefore, the Home Rule Borough of Edinboro hereby enacts and ordains the following amendment to the Zoning Ordinance 457 in the Borough Code of Ordinances #545 Chapter 27 and Zoning map:
1] Erie County Tax Parcel ID # 11-18-49-9.01 also known as 260 Waterford St zoned C-1 Commercial District to be rezoned to U University District, all uses.
2) Any ordinance conflicting with this ordinance is hereby repealed insofar as the same affects this ordinance.
THE HOME RULE BOROUGH OF EFINBORO HEREBY ORDAINS AND ENACTED THIS _________ DAY OF ___________, 2010.
Interested parties to this application are encouraged to attend and provide relevant testimony if they so wish. Any person with a disability requiring special accommodation to attend this meeting should notify the Borough Planning Director John Groh at 814-734-1812 ext 130 as early as possible, but no later than 2 business days prior.
PUBLISH: EDINBORO NEWS 3X May 27, June 3 and June 10, 2010
Jean Davis went on to inform everyone that the Edinboro Planning Commission had provided a memo recommending approval as well as Erie County planning.
ATTEST:
_______________________________ _________________________________
Borough Manager Taras Jemetz Mayor John Austin
HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
June 14, 2010
Call to Order:
Pledge of Allegiance
The following Council members were present: Brenda Cannell, Greg Lucas, Jean Davis, John Austin, Clifford Allen, and Mary Ann Horne. Member absent was Michael Amidon. Also in attendance was T. Jemetz, Borough Manager; Ritchie Marsh, Solicitor; John Groh, Zoning & Code Enforcement Director; and Marie Lander, Assistant to the Manager. Guests included: Fill Coleman, EUP; M J Campbell, Washington Township Liaison; Tim Polaski; Mike Gido; Russell Kramer; George Shimpeno; and Amber Wellington of the Edinboro News.
Mayor Austin introduced the minutes from the May 10, 2010 Regular Council meeting. Mary Ann Horne moved for approval of the minutes as printed and Greg Lucas seconded. The minutes passed as presented by 6- 0 voice vote.
Public Participation:
Mayor Austin opened the meting to public participation.
Dr. Gary Means thanked the Mayor for asking him to come and talk. He explained that from October 28 to Nov 2, 2009 from his notes and not him memory he recalls the following: Mid October renovated Old Post Office at 99 Erie Street. Wanted to put in a planter wall in the Borough right of way which he signed an agreement with the Borough regarding. On 10/28 Manager Jemetz told him to hold the wall back 8” or so. On 10/29 John Groh said at the edge of the sidewalk was fine. On Friday the contractor started and John Groh inspected the trench and said everything looked good. Next he received a letter to stop construction and the Manager changed his mind and it needed to be 17” back from the sidewalk. The contractor said it would not be stable and needed to retamp for a cost of $837 to redo. On 11/4 Dr. Means sent a letter to Manager Jemetz explaining he believed the Manger needed to give guidance or judgment call when hardship to resident and should compensate resident. In the letter Dr. Means stated that Manager Jemetz said the wall be held back from the sidewalk eight inches or so., then by blessing of John Groh to the sidewalk. My notes concur this is what happened but Manager Jemetz does not concur. Contractor decision and he is responsible. Regarding the manager’s concern of an absence of a formal plan, Dr. Means stated he worked closely with John Groh and worked well with him and he never requested a plan. This 6 ½ foot block wall has enough room for pedestrians and wheel chairs. He ended with asking Council to consider his request and thanked Council for their attention.
Mayor Austin thanked Dr. Means for the nice building renovations of the Old Post Office and for coming out of retirement in Edinboro.
George Shimpeno, 215 Beech Street.
George Shimpeno stated he was back in town and had a couple questions:
First what is the status of 602 Monroe Street the burned out building.
John Groh reported that the Borough had insurance escrow funds under Act 98 and the owner was under an order to have it removed by June 21, 2010. As of today he is not back in town. When he arrives in town if he doesn’t have it removed by June 21st it will go through the court system.
George Shimpeno asked about the progress of work on Beech Street.
Manager Jemetz stated that they will not asphalt until everything is alright under it. Sewer department has made upgraded and the water department has made most of their repairs. Water department is pressure testing and testing for bacteria and hopefully will connect the twelve laterals on Thursday. Storm sewers are almost complete but a catch basin is still needed at the bottom of Beech at Lakeside. Then we will widen the road and the contract will come in July for a full base reclamation. When that is complete they will come in and asphalt.
George Shimpeno thanked the Manager for the update.
Being no other residents interested in speaking, the Mayor moved on to old business.
Committee Reports:
Finance Committee: Jean Davis stated that the committee met today and discussed information on Municipal Aggregation of Electric; set the police negotiating committee to be Manager Jemetz, Jean Davis, and Marie Lander; the six month review of budget to actual will be in our packets next month and if we have any concerns we should see Marie and if necessary we would set a workshop for July 26 or 28th if needed; and we reviewed the invoices and purchase orders.
Jean Davis moved to approve the bills dated May 24 of $224,491.35 and June 14, 2010 of $ 95,109.96. Brenda Cannell seconded and the motion passed by 6-0 voice vote.
Jean Davis introduced payroll ending May 2 paid May 21, 2010 of $58,178.17, payroll ending May 28 paid June 4 totaling $80,657.17. Greg Lucas moved adoption of payroll as presented and Brenda Cannell seconded. The motion passed by 6-0 unanimous voice vote.
Ordinance Review Committee: Jean Davis introduced Ordinance 579 for the final reading and Mary Ann Horne seconded:
HOME RULE BOROUGH OF EDINBORO
ORDINANCE 579
AN ORDINANCE TO AMEND ZONING ORDINANCE 457, ENACTED THE 31ST DAY OF JANUARY, 1004, ENTITLED BORUOGH OF EDINBORO ZONING ORDINANCE AND ITS ACCOMPANYING BORUOGH OF EDINBORO OFFICIAL ZONING MAP.
Whereas, the Municipalities Planning Code (MPC) Act 247 allows municipalities to amend zoning ordinances and accompanying maps as prescribed in Section 609; and
Whereas, the Home Rule Borough of Edinboro has adopted Zoning Ordinance 457 pursuant to the MPC and has the power to amend it as authorized by law; and
Whereas, the owner has filed an application and wishes to rezone a parcel of land to utilize it for their specific need and permissible use; and
Whereas, the Home Rule Borough of Edinboro conducted a public hearing as required by the MPC to hear relevant testimony to the rezoning application; and
Therefore, the Home Rule Borough of Edinboro hereby enacts and ordains the following amendment to the Zoning Ordinance 457 in the Borough Code of Ordinances #545 Chapter 27 and Zoning map:
1] Erie County Tax Parcel ID # 11-18-49-9.01 also known as 260 Waterford St zoned C-1 Commercial District to be rezoned to U University District, all uses.
2) Any ordinance conflicting with this ordinance is hereby repealed insofar as the same affects this ordinance.
THE HOME RULE BOROUGH OF EDINBORO HEREBY ORDAINS AND ENACTED THIS _________ DAY OF ___________, 2010.
The motion passed by 6-0 roll call vote: Michael Amidon, absent; Jean Davis, yes; Mary Ann Horne, yes; Clifford “Kip” Allen, yes; Greg Lucas, yes; Brenda Cannell, yes; and John Austin, yes.
Jean Davis went on to inform the Council that Ordinance 577 Flood Plain Ordinance per FEMA will be advertised for adoption as soon as received back from FEMA.
Jean Davis also informed Council that the advertisement for Ordinance 580 Storm Water management drafted by Erie County as soon as the final draft is received.
Ordinance 581 is Municipal Aggregation of Electric has been sent to legal counsel for review. Mayor Austin explained this is where the Borough buys electric when deregulation occurs the end of this year for sale to the residents at a 1%-6% discount for those who do not opt out.
Jean Davis moved adoption of the first reading and for advertising when received back from legal counsel. Clifford Allen seconded the motion and it passed by 6-0 roll call vote. Jean Davis, yes; Mary Ann Horne, yes; Gregory Lucas, yes; Kip Allen, yes; Michael Amidon, absent; Brenda Cannell, yes; and John Austin, yes.
SOLICITOR’S REPORT:
Solicitor Marsh reported that is had been another busy month. We met with representation of the Borough on KEC and filing objections. As the Solicitor for the Municipal Authority Solicitor Marsh will file tomorrow their objections.
Cell tower lease is still with two prospective buyers and he would be calling to ask their status.
ECATO hearing for UCC has sent us the written decession which was favorable to us.
Worked on foreclosure filing for water, sewer, and refuse bills.
Joint Planning Commission questions raised were addressed.
Letters to your insurance carrier on their obligation to pay defense for the Municipal Authority as well as the Borough Council regarding the KEC case.
Manager Jemetz updated Council on many items from the sewage plant project with liquid damages ending July 8, 2010; 6N Willow/Elm St storm sewer Phase II; the sidewalk project; Joint Planning Commission and new language to be available next meeting; two PennPRIME grants; Police Union negotiations to begin in July; FEMA letter confusion; storm water ordinance County level going out for advertisement; triathalon police had concern for next year using Angling with out a road closure; credit card use to begin June 18th with Discover and Master Card with a fee to be paid by the user; and Town & Gown is cancelled for this month.
Swift911 system available on webpage which is data to be used by water department to notify in an emergency. The Borough can also use it for Tornado warnings so please enter your information into the system. During the warning of June 2nd we had a couple calls and they were told to seek shelter. All went well with one person on Darrow Road claiming they didn’t hear the siren.
EUP report regarding geothermal wells is being sent to Moody, Engineer, and legal to provide answer back to DEP regarding this.
CDBG questioner, in your packets, is being sent out for survey of income levels to get CDBG assistance.
Notice of Officer Senz’s good relations with Benzie.
Zoning Hearing Board meeting of June 2nd there were two approvals and one not.
There is a sewage module for Phase II of the University housing is in the packets with resolution 11-2010 which I recommend adoption.
Jean Davis moved adoption of 11-2010 as follows:
Home Rule Borough of Edinboro
Erie County, Pennsylvania
Resolution #11-2010
A RESOLUTION OF THE HOME RULE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA (hereinafter “the municipality”).
WHEREAS, Section 5 of the Act of January 24, 1966, P.L. 1535, No. 537, known as the “Pennsylvania Sewage Facilities Act”, as Amended, and the rules and Regulations of the Pennsylvania Department of Environmental Protection (Department) adopted thereunder, Chapter 71 of Title 25 of the Pennsylvania Code, require the municipality to adopt an Official Sewage Facilities Plan providing for sewage services adequate to prevent contamination of waters of the Commonwealth and/or environmental health hazards from sewage wastes, and to revise said plan whenever it is necessary to determine whether a proposed method of sewage disposal for a new land development conforms to a comprehensive program of pollution control and water quality management, and
WHEREAS, Edinboro University has proposed the development of a parcel of land identified as EUP Student Housing Phase 2, and described in the attached Sewage Facilities Planning Module, and proposes that such subdivision be served by: sewer extension; and
WHEREAS, the Home Rule Borough of Edinboro finds the subdivision described in the attached Sewage Facilities Planning Module conforms to applicable sewage related zoning and other sewage related municipal ordinances and plans, and to a comprehensive program of pollution control and water quality management.
NOW, THEREFORE, be it resolved that the Council of the Home Rule Borough of Edinboro hereby adopt and submit to the Department of Environmental Protection for its approval as a revision to the “Official Sewage Facilities Plan” of the municipality the above referenced Sewage Facilities Planning Module which is attached hereto.
BE IT RESOLVED AND ENACTED THIS 14th DAY OF June, 2010 by Council of the Home Rule Borough of Edinboro.
Mary Ann Horne seconded the motion and it passed by 6-0 roll call vote. Mary Ann Horne, yes; Clifford Allen, yes; Gregory Lucas, yes; Michael Amidon, absent; Jean Davis, yes; Brenda Cannell, yes; and John Austin, yes.
Finance: Erie County Tax Collection District minutes from April meeting was available for review. Also available was PLCM League Link with notice of recycling fund reauthorization by State. Notice was received of two PennPrime grants one for installation of traffic signs and one for engineering a safety line system for the Lake Dam.
Police:
Police reports were in the packet for review. Manager Jemetz highlighted the letter attached to the report regarding Benzie and Officer Senz during his monthly report. .
Code Enforcement/Planning/Zoning:
Monthly reports for April & May as well as Notice of Zoning Hearing was available for review.
John Groh explained that the subdivision replot for Pat Davis was reviewed by Edinboro Planning Commission and it was 4 lots into 2 parcels which is acceptable. Ms. Davis will build on parcel V at the end of Lakeside Drive. She is aware of the Flood Zone on this property.
Clifford Allen moved to accept the replot as explained by John Groh and seconded by Greg Lucas. The replot passed by roll call vote of 6-0. Michael Amidon, absent; Jean Davis, yes; Mary Ann Horne, yes; Kip Allen, yes; Gregory Lucas, yes; Brenda Cannell, yes; and John Austin, yes.
EUP Highland Phase II Sewage Planning Module was approved earlier in the meeting under Manger’s report.
Wastewater Collection & Treatment:
Manager Jemetz recommend acceptance of the sewer infrastructure of the Scots Glen Subdivision Phase II which the Municipal Authority also recommended acceptance.
Mary Ann Horne moved and Brenda Cannell seconded the adoption of Resolution 10-2010 accepting the Scots Glen Subdivision Phase II sewer infrastructure and releasing the bonds.
HOME RULE BOROUGH OF EDINBORO
RESOLUTION 10-2010
WHEREAS, the subdivision of ScotsGlen includes all sanitary sewer related piping for a length of four hundred ninety nine (499) feet of 8” SDR35 main, three hundred and sixty five (365) feet of 8” HDPE, four (4) manholes, sixteen (16) lot connections, sixteen (16) lot taps, and gravel backfill and easements therefor at a value of $70,000.00; and
WHEREAS, the Municipal Authority of the Borough of Edinboro formally has accepted said improvements at its meeting of June 14, 2010.
NOW, THEREFORE, BE IT RESOLVED, by Council assembled this 14th day of June, 2010 that said four hundred ninety nine (499) feet of 8” SDR35 main, three hundred and sixty five (365) feet of 8” HDPE, four (4) manholes, sixteen (16) lot connections, sixteen (16) lot taps, gravel backfill, and easements therefor hereby are released from performance bond at a value of $70,000.00 and maintenance bond remaining at a value of $6,925.00 associated with ScotsGlen Subdivision wastewater conveyance system.
The motion passed by 6-0 roll call vote. Clifford Allen, yes; Gregory Lucas, yes; Michael Amidon, absent; Jean Davis, yes; Mary Ann Horne, yes; Brenda Cannell, yes; and John Austin, yes.
COMMUNITY LIAISONS:
EUP Liaison: Mayor Austin reported that the President of Edinboro University wanted to take the Council to lunch and wanted to them to let him know their availability.
Environmental Shade Tree Advisory Committee: Mary Ann Horne reported they met last week to review the trees for Normal Street.
Erie County Planning Liaison: Brenda Cannell attended the meeting last Thursday regarding FEMA, storm water, and building codes.
EVFD Board Liaison: Mayor Austin reported that everything with the EVFD was going well.
Washington Township Liaison: Brenda Cannell reported she attended the June 1st meeting but had nothing to report.
COMMUNICATIONS:
Coaxial Cable TV is before Federal Communications Commission notice in packets for Councils review.
Erie County MPO 2011-2014 Transportation Improvement Program (TIP) was ready for public review and public notice was in the packets.
Being no other communications, Mayor Austin moved on to new business.
NEW BUSINESS:
Being no new business, Mayor Austin asked for a motion to adjourn.
Clifford Allen moved for adjournment, and the meeting was adjourned at 7:10 P.M.
ATTEST:
_______________________________ _________________________________
Borough Manager Taras Jemetz Mayor John Austin
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
June 14, 2010
· Payment of bills
· Minutes
· Payroll
· Ordinance 577 and 580 advertise for adoption when final arrives
· Ordinance 579 adopted – rezoning parcel
· Resolution 10-2010 Scots Glen Subdivision Phase II sewer infrastructure
· Resolution 11-2010 EUP Housing Phase II sewer module
· Ordinance 581 Municipal Electric aggregation – 1st reading – to legal - advertise
· Replot parcel from 4 lots to 2 lots at foot of Lakeside Drive
POSTPONED
1.
UPCOMING MEETINGS:
June 28, 2010 1:30 p.m. Finance Committee Meeting
July 12, 2010 4:00 p.m. Finance Committee Meeting
July 12, 2010 5:00 p.m. Authority Meeting
July 12 6:30 p.m. Council Meeting
1) Advertise Ordinance 577 when complete
2) Advertise Ordinance 580 when received final
3) Send to Legal Ordinance 581
4) Advertise Hearings
5)
NOTICE OF MEETINGS
June 14
MONDAY
4:00 p.m. FINANCE MEETING
5:00 p.m. Authority Meeting
6:15 p.m. HEARING
Ordinance – Zoning change
6:30 p.m.
Regular COUNCIL MEETING
If you can not attend please contact Marie 734 1812 x 123
No meeting June
28 next meeting July 12th 6:30 p.m. (Possible Hearing before meeting
7/12)
HOME RULE BOROUGH OF EDINBORO
COUNCIL Hearing & Meeting AGENDA
June 14, 2010
6:15 p.m. Hearing Ordinance –Re-Zoning
· Call to Order
· Read Ordinance 579
· Read Memo from Edinboro Planning Commission
· Read Letter from Erie County Planning
· Take Public Input – regarding ordinance
· Close Hearing
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 _____.
III. Approval of Minutes
· Regularly Scheduled Meeting of May 10, 2010
Action: Motion to approve minutes
IV. Public Participation –
· Dr. Means – correspondence
· Any one else wishing to speak
·
V. Old Business
1. Finance Committee/Pension Committee/ Negotiation Committee – Jean Davis. Chair - Met
a. Authorization to approve bills paid May 24 totaling $224,491.35 _ and June 14, 2010 totaling _$95,109.96
b. Authorization to approve payroll ending May 2 and paid May 21 totaling $ 58,178.17 and payroll ending May 28 paid June 4th totaling $ 80,657.17___
2. Ordinance Review Committee –Chair Jean Davis
a. Ordinance 579 – Rezoning parcel 260 Waterford St to Univ Zone
1) Hearing June 14, 2010 6:15 p.m.
2) Action: Final reading
b. Ordinance 577 – Flood Plain Ordinance per FEMA --authorize
1) to be advertised for adoption (final not received yet from FEMA)
2) second reading in July
3) final reading in August
c. Ordinance 580 Storm Water Management– draft from Erie County
1) to be advertised as soon as draft in word is available from County (not received yet)
2) second reading in July
3) final reading in August --
d. Ordinance 581 Municipal Aggregation Electric
1) Ordinance & Plan for aggregation
2) sent to Legal Counsel for review
3) 2nd reading July
4) Hearing July
5) Final Reading August
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
2. HANDS
3.
C. Management's Report:
1. Manager Jemetz
A. Monthly report
2. Finance:
A. ECTCD-Minutes – FYI
B. PLCM League Link – recycling Fund reauthorized
C. Penn Prime Grants received:
1) Installation of Traffic Signs
2) Safety Line System for Lake Dam
D. CDBG survey to residents sent out - FYI
3. Personnel
4 Emergency Management
5. EVFD :
6. Police :
A. Monthly reports - FYI
7. Employee Safety Committee - FYI
8. Code Enforcement/Planning/Zoning
A. April Reports
B. May Reports
C. Zoning Hearing Advertisement – FYI
D. Subdivision replot for Pat Davis – ACTION
E. EUP Highlands Phase 2 Sewage Planning Module – Resolution 11-2010--ACTION
9. Public Works
10. Wastewater Collection & Treatment
A. Acceptance of Scots Glen Subdivision Phase II sewer – Resolution 10-2010 – ACTON
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) Met June 9, 2010
E. OTHER OLD BUSINESS:
A. Coaxial Cable TV before Federal Communications Commission – FYI
B. Erie County MPO – 2011-2014 MPO Transportation Improvement Program (TIP) – Public Notice of public review
VI. New Business
VII. Adjournment
2010 EDINBORO BOROUGH COUNCIL MEETINGS 2nd Monday 6:30 p.m.
May 10; June 14; July 12; August 9; September 13; October 11; November 8; December 13
©Copyright June 2010