October 21, 2024
CALL TO ORDER
PRESENT
VISITORS
Council in regular session was called to order at 6:00 p.m. in council chambers. President Mitcho presiding.
Gregg Mitcho, President Jeanne Miller, Vice President Robert “Doc”.Orr
George Drushel Jim Simonelli Doug Wright Tim Knapp
Robert Stubenbort, Borough Manager Peter Burton, Mayor
Joseph Yochim, Solicitor Mark Corey, Engineer
Kevin Rafferty, Chief of Police
Dennis McDonald, Public Works Supervisor
Keith Rosenberg Michael Stafford, WCNJ Laura DiPasqua
Chris Davis Dan Utstein
Ginger Cinti, Lake City Council Shirley Hall
Larry Russell Michele Russin Eric Russin Jeff Off
Andrew Cormos Jacob Dunn Kelli Fuller Dale Shatto Cindy Shatto Dan Kormos
Michelle Cormos John Young Ruth Young April Hetrick Lori Fortney David Marino
Mark Tobolewski Kay Salvati
John Salvati Kim Drushel Jenny Snyder
Ginger Sarnowski Nancy Bronstein Bev Bible
MINUTES Motion by Councilmember Simonelli to approve the September 16, 2024, council meeting minutes. Seconded by Councilmember Drushel. All in favor. Motion carried. Motion by Councilmember Simonelli to approve the Special Meeting of October 7, 2024, council meeting minutes. Seconded by Councilmember Knapp. All in favor. Motion carried.
BILLS Motion by Councilmember Orr to approve payment of the bills.
Seconded by Councilmember Drushel. All in favor. Motion carried.
RESOLUTION
1- 10-2024 President Mitcho introduced Resolution 1-10-2024 concerning the Hotel Park and the Borough Manager read the resolution aloud and then the plan was explained by Mr. David Marino owner of Dahlkempers Landscape Architects and Contractors. Erie County is offering support for various types of greenway, recreation, and conservation projects, such as: planning, acquisition, design, conservation, construction, development, repair, and rehabilitation of greenways, recreational trails, open space, natural areas, community conservation, community beautification, and community and heritage parks. Resolution 1-10-2024 will allow the Girard Borough to apply for Erie County Greenways grant money for the Hotel Park Project. Councilmember Drushel explained that the stated cost is $210,000.00. A grant from The Erie Community Foundation has been awarded for the project in the amount of $80,000.00 and the County Grant request will be for $100,000.00 which is the maximum request allowed. A grant application will also be to the Erie County Gaming Revenue Authority. Motion by Councilmember Wright to approve Resolution 1-10-2024 allowing the Girard Borough to apply for Erie County Greenways grant money for the Hotel Park Project.
Seconded by Councilmember Drushel. All in favor. Motion carried.
COMMUNITY REPORTS Kim Knapp who was listed on the agenda to speak was not in attendance.
President Mitcho explained that because the majority of residents in attendance are here for the proposed change to the Camper trailer / Boat Ordinance this would be the time for discussion. Each speaker would be given three minutes uninterrupted to speak. The Borough Manager read the proposed ordinance amendment aloud.
President Mitcho clarified the document in further detail, highlighting changes and providing explanation. Councilmember Knapp said that he disagreed with the proposed ordinance because his camper trailer could only be plugged into an outlet in the front yard because a proper extension cord would be costly to him.
Keith Rosenberg from Lake Street said “I have campers, trucks, boats and five cars… don’t you have anything better to do… because this is harassment and is not right. I’ve got ten feet of right away on one side of my house and I can’t get anything in beside it because you have me landlocked. You can’t do this its not going to happen”
Jenny Snyder from 206 Wilcox Street said that this came about because one councilmember has a neighbor that has two campers on their property, and they have parties and have fun and the employee councilmember does not like it. “Why do you guys have to dig into people literally. Its their property and its their right to have what they purchased on their land without limitations or having a permit because I own it and its mine, its not feasible and its digging dirt into the people that reside here that it hits em again with having to get a permit that’s as stupid as having a yard sales. This is ridiculous. Don’t you guys have better things to find to do. The only reason the lights got changed is because you ended up with a traffic jam. And at that point your like OK lets go ahead and do it by camera.” Mayor Burton said that it starts with a complaint. Jenny Snyder said nothing happened until 90 was shut down and the fire department had to direct traffic. Mayor Burton said it is a process. Mr. Stubenbort said that the borough has been in contact with PennDOT concerning the traffic signals and it was a coincidence that the lights photo optics were activated during the shut down of Interstate 90.
Mark Tobolewski, 426 Miles Ave, has lived in the same house for 40 years. “What is the hubbub about trailers. I have never seen anything like this. What is the problem with it. I am asking the question and looking for an answer.” Councilmember Simonelli ask if he would be happy if his neighbor had a trailer their for 30 years and it was sinking into the ground and never inspected. Mr Tobolewski said that he understands if there not registered or licensed then that is an issue. “I can’t even imagine that this is a problem in our beautiful little town unless you have junk yards that I do not know about. I own a travel trailer and a utility trailer that I keep in my back yard. They are licensed and registered. My trailer is insured to be on my property and if it is not stored on my property, it costs me more to insure. Any ordinance other than junk sitting there I am oppose to… I am not opposed to ATVs, lawn mowers and snow blowers being left outside” said Mr Tobolewski.
Don Kemper, 49 Sunset Drive, stated that his mother in law sold her house and bought a camper and lives in her camper all summer on his property. “She parks beside the driveway next to the house and I put in an outlet for her so she has electricity. I think it would be ridiculous to have to ask the borough for permission to allow my mother in law to come and see her grandkids for the summer. To have to put the trailer in the back yard would mean demolition of my back yard fence and with four kids that does not make sense.”
Andrew Kormos, 831 Rice Avenue, applied for a 6 foot fence and was denied because corner lots have two front yards and two rear yards and 6 foot fence is only allowed in the rear yard. “To park my camper in the rear yard and in 10 feet from the property line, it would have to be in the middle of my property. I have a foot between my camper and the property line and I have not had issue with my neighbor saying anything. Has that always been an ordinance? For guys like me this ordinance means I can’t put a camper anywhere on my property. I put my camper in my front yard so I can pack it up before I leave. We will need some leniency for people with corner lots.”
Michelle Russin, 217 Oak Tree Drive, asked if a recently purchased utility trailer in the rear of her home would be in compliance and if a boat parked in a front driveway would be in compliance if the ordinance were approved. Mr. Stubenbort said that the trailer in the back yard would be in compliance and the boat in the driveway would not.
Dan Kormos, 237 Liberty Street, asked if there is an ordinance for an eye sore being in the front yard. The Mayor said it’s a nuisance. Mr. Kormos said that the borough should treat junk trailers as a nuisance and let others in compliance park their trailers without issue.
Michelle Russin said that she sees many ordinance violations in the borough, and they should be taken care of first before coming up with new ordinances.
Jacob Dunn, 51 Miles, has lived in the borough for forty five years. “I have two boats The ordinance says one camper and one boat. I don’t know when the town turned into an HOA where you can only have your trash can out at certain times. Or the next thing you know you have stickers on your truck, there’s a commercial truck, your not allowed to park your truck in your driveway. This is how an HOA starts and I don’t remember signing any papers on an HOA about how many vehicles I’m allowed to have parked in my yard. If everything is registered insured and inspected, I don’t see this as being an issue.” Councilmember Simonelli discussed HOAs and Borough Ordinances. Mr. Kormos said this would restrict residents to only two things in the back yard.
Dan Utstein, 826 Tilden Drive, owns a utility trailer that is kept in his rear yard. “From what I have heard earlier you are going to require them to either find a place to store it, burden the cost of major construction so they can make their garage big enough to hold what ever it is that they own so my question is what is storage and how long is it when its considered storage. What is storage. There you go… put a time limit on it. My thinking is that you guys are going to get a lot of flack then have one of your executive meetings and it isn’t going to matter.”
Dale Shatto, 29 Penn Ave., keeps his camper in his rear yard. “What happens now. How are we going to know what kind of change happens to this ordinance.” Solicitor Yochim said that a committee has been looking into this and we are in discussion phase now. This ordinance will not be passed tonight. We are listening taking notes and seeing what needs to be changed. An ordinance needs to be advertised before passed.
Chris Davis, 203 Sunset Drive, has a camper. Mr Davis moved here 10 years ago and owns his home and an adjoining lot. “My camper when the slides are extended are two feet off the property line. I’m friends with my neighbors Jim. I talk with them all the time… what I’m doing, whats going on… that’s the problem, we want to put an ordinance in place to restrict people, we are all about restricting and I have sympathy for you for having junk like that on a piece of property but we have an ordinance for that. What is our ordinance on the junk car you can have one if your working on it unregistered on your property that’s it. So going after people who pay taxes and love this town and contribute .. .I contribute to the school district every year. My wife is a schoolteacher at the elementary school and we love this town. But to try to do this to people to tell them were on there property they can keep it, 10 feet away from a property line, mine will be right were it is and there will be a pad for it to keep it nice to keep it presentable because any one here can tell you… whats our biggest problem with a camper ….mice… so you need power to it, right, to keep devices on to keep them out. Where do you wash and wax it. My camper weighs 16000 pounds. Purposely I have set my yard up to accommodate it. So, to try to go after people like this that are using it for recreation and for family vacation and things like that to ruin that. Shame on you, absolute shame on you. Write the ordinance don’t let them hook it up to the sewer that’s fine. I pay electricity. I can hook what ever I want up to it, ok, write it the right way. Bring us in, let us sit with you. Tim you have a camper.” Councilmember Knapp said that we should have a forum with these people. “I have been saying that for awhile now. I brought all these people here.” Councilmember Knapp went on to say that these people pay our wages. Mr. Davis said that they should be allowed to live in their camper on private property if their house bums down. “Its sad that you would have to get a permit if your house bums down.” Mr. Davis went on to say that we should have ordinances on junk but not this.
Laura DiPasqua, 115 Mechanic Street, owns a 27 foot fishing boat. She leaves it in her driveway all summer, and stores it for winter. Her neighbors own a camper trailer. “I would like to think that everyone that is here this evening takes care of their recreational equipment and boats. I think what we are dealing with here is a nuisance. I do not see anyone on Mechanic Street parking across their front yard. Things are moved to back yards so if you could just please relook at this. My boat is insured for a lot of money and it is registered. I think you are hearing that consistently throughout this evening. Just revisit this with all recreational vehicles. We live close to water. We live close to camp grounds and I would like to think that people take advantage of all the amenities we have.”
President Mitcho thanked the speakers and suggested tabling the issue and have it go back to committee.
Councilmember Knapp encouraged the residents with camper/trailers and boats in attendance to call him and said he would write down their issues and he will make sure it gets brought up at the next meeting. The residents with camper/0trailers and boats in attendance thanked Councilmember Knapp for personally inviting them to the meeting so the point of view of residents with camper/ trailers and or boats could be heard.
The Council agreed that the Camper/ trailer/Boat Committee meetings would be properly advertised so that all residents could attend and be heard.
COMMITTEES Councilmember Orr reported that the WCEMC meet on November 1, 2024 at 9:00 AM.
Councilmember Wright reported that pending the release of DCED Grant funds the WCPA would pursue a loan from Fairview Township to replace one of the ambulances.
President Mitcho reported that A. F. Dobler will host a Family Halloween Party on October 26th and Council is welcome to help hand out candy.
President Mitcho reported that Dobler Hose had 98 calls in September. Dobler Hose are all volunteers and were in service 51 percent of the time in September. 51 percent still a big commitment for volunteers. Response time averaged four minutes and thirty seconds. Dobler Hose volunteers are amazing. They need a new firetruck at a cost of 1.23 million dollars. Originally the fire department was asking the borough for a loan so that the prebuild discounts would apply. After review of the sales agreement no surety was allowed and if the company that makes the truck went under then the borough be in bad situation. The fire department will move forward with the truck with no money down and payment will be made when the truck is complete. The timeline for completion of the firetruck is two to four years. The fire tax money will continue to accumulate in an interest baring account until the time of purchase which may end up being enough to pay for the truck upon completion.
MAYOR/POLICE
ENGINEER
Mayor Burton mentioned that the new restaurant in the borough J & J Amore will open on November 5, 2024 at 5:00 pm. Chief Rafferty said that the school district is looking to renew a Memorandum of Understanding that will allow Girard Borough Police the ability to enforce traffic laws on Yellow Jacket Lane which is owned by the school district. The MOU has been in effect since 2008 and the school district wants assurance that it is still in effect. Councilmember Orr asked if the police are still at the sporting events for the school district. Chief Rafferty said yes. President Mitcho asked about the twenty incidents of public service on the monthly report. Chief Rafferty said that is a catch all so it may be finger printing or answering a phone call or community relation incidents like parade duty or reading to children at the library.
Engineer Mark J. Corey P. E. reported that the MS4 waiver is up for renewal. MS4 monitors the storm sewer system and is very involved. It is in the boroughs best interest to renew the waiver.
The Butternut Well is in need of some replumbing to meet a permit that was not required before but is required now. We will add chlorine retention in the amount of 100 ft underground similar to what we did at the Mohring Well about seven years ago. The price for the work may be over $100,000.00.
The Lourdes Drive Colvert Replacement Project contractor form Cleveland is not finished with the project and will not be paid until the list of deficiencies is satisfied.
Mr. Corey agreed that he could put bidding documents together for the Hotel Park Project once the scope of work has been received.
RESOLUTION
2-10-2024 Motion by Councilmember Orr to approve Resolution 2-10-2024 to approve the form and authorize the execution of Blue Creek Wind schedule with American Municipal Power, Inc. which will begin January 1, 2026 and extend until December 31, 2030. The agreement will fill roughly 10% of the Girard Boroughs electric portfolio and the cost shall not exceed $59.00 per MWH. Seconded by Councilmember Knapp. All in favor. Motion carried.
RESOLUTION
3-10-2024 Resolution of the Borough of Girard authorizing execution of a cable franchise agreement between the borough and Spectrum Northeast, lie, an indirect subsidiary of Charter Communications, Inc. After discussion the Council agreed to table the resolution until additions could be made to the agreement concerning equipment removal and equipment transfer as required by the Girard Borough.
TREE ORDINANCE AMENDMENT
SIDEWALK ORDINANCE AMENDMENT
The Tree Ordinance Amendment will allow property owners to contact the Girard Borough before shaving curblawn tree roots that are causing sidewalk issues. The amendment will further allow property owners to request permission from Council and provide instruction for removal of curblawn trees under situations of duress. After discussion the Council assigned to the Borough Manager to properly advertised and present the Ordinance at the next Council Meeting for vote.
The Sidewalk Ordinance Amendment will refer property owners to tree ordinance when issues of curblawn tree roots are involved. The Sidewalk Ordinance Amendment will also require property owners to maintain the public sidewalks free and clear of any and all obstruction. After discussion the Council assigned the Borough Manager to properly advertised and present the Ordinance at the next Council Meeting for vote.
LEAF PICKUP
CONTROLLED BURN
PUBLIC WORKS AGREEMENT
HEALTHCARE
BICYCLE SIGN
2023 AUDIT
COUNCIL COMMENTS
Remaining Leaf Pick Up Dates are October 31 as well as November 14 and 29. Only 30-gallon clear plastic bags will be picked up. Only bags of leaves will be accepted. An unlimited number of bags may be placed at the curb lawn for collection. Leaves will not be collected with the regular trash pick-up.
The Borough Manager reported that the Cemetery Association is requesting permission to ask the fire department to use 129 Church Street for fire training before it is razed.
The Council agreed that the terms of the Public Works Agreement would be discussed as a personnel issue in Executive Session.
The Council agreed that the terms of the 2025 Employee Healthcare Package would be discussed as a personnel issue in Executive Session.
The Borough Manager mentioned that Senator Laughlin’s office suggested that the borough post signs to notify car traffic to share the road with bicycles. Councilmember Orr said that he talked with Brian McNaulty from PennDOT at the Erie County Association of Boroughs meeting and Mr. McNualty said that PennDOT might put in a bike lane on Route 20 in Girard Borough.
The Borough Manager distributed the 2023 Girard Borough Audit to the Council for review. The Borough Manager explained the state of the boroughs finances as being solid. Maillie Accountants performed the audit. This is the second year that Maillie performed the Audit and the second year the audit was performed on a cash basis and not as modified accrual. Cash basis negates the need for depreciation schedules.
Councilmember Orr asked if not having a depreciation schedule would cause the borough to pay more for insurance. Mr. Stubenbort said that the borough pays for Industrial Appraisal to prepare an evaluation every year for the Girard Borough and those numbers are used by our insurance providers.
Councilmember Simonelli said that truncated domes or ADA dotted pads at the crosswalks are not fully secured in the middle of the pad. Borough Engineer Mark Corey said he would evaluate them.
Councilmember Wright asked that the borough pay attention to the new traffic light set up on Main Street so as to assure that traffic flows smoothly. Councilmember Wright mentioned that his wife is now a Master Gardener and attends Master Gardener meetings. Mrs. Wright said that at a meeting with State Forester Steve Laskowski, he was asked which park is his favorite in Erie County and he said WaterWarks Park in Girard Borough.
Councilmember Drushel mentioned that National Fuel Gas did plant grass in front of homes on Pine Tree Drive but most of the grass died do to lack of water.
Councilmember Orr gave information to Dennis McDonald for a sewer camera. Councilmember Orr asked to move the Council Meetings back to 7:00 PM. President Mitcho said that we made the change to better accommodate employees that have to work early in the morning.
Councilmember Miller asked that the dumpster at Water Works Park be secured so the public would stop filling it with household garbage. The Christmas Trees are ordered for the Rec. Board contest which starts on the 21st of November. The judging will be December 9 Light up night is November 29tt in Wells Park.
Councilmember Orr made a motion to move the start time for the Council Meetings to 7:00 p.m.. No second was made. Motion failed.
Meeting adjourned at 8:38 p.m. for a five-minute break before going into executive session.
EXECUTIVE SESSION
REGULAR MEETING
PUBLIC WORKS AGREEMENT
GIRARD BOROUGH EMPLOYEE HEALTH CARE
ADJOURN
At 8:46 p.m., President Mitcho asked for an executive session to discuss personnel and legal matters.
The regular meeting was called back into session at 9:07 p.m.
Motion by Councilmember Orr to approve the Public Works Agreement for 2025 and 2026. The Agreement includes a 4% pay increase for 2025 and a 3.5% increase for 2026. The new hire hourly wage was revised to be 75% of full hourly wage at hire, 80% the second year, 85% the third year, 90% the fourth year, 95% the fifth year and full hourly wage after five years if all of the qualifications have been achieved. The clothing allowance was set at $450.00 per year. The 457k weekly contribution was set at $30.00 and the primary operator rate was set at $2.00 per hourly wage. Juneteenth was added to the time off holidays. Seconded by Councilmember Knapp. All in favor. Motion carried.
Motion by Councilmember Orr to approve the 2025 UPMC Health Care for the Girard Borough Fulltime Employees. Seconded by Councilmember Knapp. All in favor. Motion carried.
Motion by Councilmember Orr and seconded by Councilmember Simonelli to adjourn at 9:12 p.m. All in favor.
Robert A. Stubenbort Borough Manage