The minutes of the June meeting were approved and the bills list accepted for payment.
Before recognizing visitors, Mr. Robertson said "In past meetings there have been some unpleasantries." He asked that there be "no personal attacks on anyone. Let's keep it that way, OK, Just the facts."
Brian Krise was first to speak. He said that the HRI Job Trailer was on his land (which is along Springbrook Drive near Towanda Creek) last year when the company had jobs in the area and now that HRI is doing highway jobs here the trailer again is on the site.
Mr. Krise said last year he received a letter from the borough stating that a variance was required for the trailer and asking for a check for $150 for fee. He said the check was returned shortly and the trailer was allowed to remain. Now that the trailer is back, he was contacted again. He said, "I want to know what the issues are…I'm frustrated for getting 'picked on' " and asked for an explanation.
Mrs. Seeley explained that in June of 2014 a "construction staging area" was not a permitted use under the Borough's 1976 Zoning Ordinance. The letter was sent with a request for $150 for a hearing for a variance. However, she said "there was no provision for a fee for that use, so the check was returned" and no hearing held. Since then, in November of 2014, Council passed a new Zoning Ordinance.
The new Ordinance has a "temporary use" provision, which allows the construction trailer, carnival rides, and so on.
However, Council also passed, at the request of FEMA, a Floodplain Ordinance, and Mr. Krise's property lies in the floodplain. That ordinance defines that use as "development" and states that any development requires a permit. In addition, nothing can be done within 50 feet of a stream in a floodplain without approval from DEP. Mr. Krise received that approval last year and inquired this year, but there are new personnel in that office, who are unfamiliar with the situation, so the approval has yet to be granted.
When informed of the situation, DEP said Mr. Krise needs to resubmit his application. His request may be granted, but a DEP permit is necessary. Mr. Krise said he has a meeting scheduled with DEP for later this month.
He said that in addition to the staging area, the property is used for yard sales during July 4 and the Apple-Cheese weekend, and occasional lets campers on there for fishermen, etc. "If the permit isn't granted and if I can't use the land," he asked Council for "permission not to maintain it [mowing, etc.]." "I hate to let it go back to what it was," but indicated he might if he was not allowed to use the land. Mr. Bastion asked if Mr. Krise could receive a "lifetime permit." Mrs. Seeley said, "Yes, it is permanent if DEP issues the permit." She noted that the floodplain law requires that provision be made for removing items in case of emergency.
Mr. Jannone said "I hope we can use common sense," in applying the rules; and Mr. Thoren said "We understand your predicament and we want to work with you."
Mr. Brann said, "We are not going to say we will give Brian a pass, but we will give it consideration."
Mr. Krise again stated, "I don't want to be forced into mowing it if I can't use it." After some more conversation Mr. Ciaccio said, "My heart is with you; until we find out of you get your [DEP] permit, it is a moot point."
Mr. Brann said the Borough is allowed to take into account the history, the location and other factors.
Mr. Krise said HRI pays him $150 per month for the site and also pays the electric bill. He asked Council to vote tonight on his request.
Mr. Brann said, "The property maintenance code is enforced but we can use discretion.. We can't vote to exempt you but we can consider those factors."
As the discussion continued, Mr. Krise brought up that he had been very frustrated with the borough's response to his complaints over overtime parking on Troy Street a few years ago. He also raised the question of the Borough using certified letters in these cases. Mrs. Seeley said the certified letters were sent on the advice of Magisterial District Judge Jonathan Wilcox. "They are required in order to make a case," if matters go to court. She also said that she conferred with the Solicitor and with FEMA and the County Planner prior to contacting Mr. Krise. She said that FEMA had requested Mr. Krise be fined immediately, but Mrs. Seeley said, "That is not how we do things. We issue warnings."
Mr. Jannone commented on the nice appearance of Mr. Krise's property, and Mr. Thoren again said, "We want to work with you. We need to be willing to work with you." Mr. Robertson pointed out that it was FEMA, not the borough, that changed the floodplain boundaries. He added, "If DEP doesn't mind you having electricity there, they won't object to [having the job trailer there.]"
Mrs. Seeley asked that she be informed of any decision made by DEP and Mr. Krise said he would do so.
Brad Krise, Mr. Krise's uncle, was next to comment. He said, "In a town with one red light, this is trivial. This is meaningless. It is a trailer, not a building. Why is someone who puts so much effort into keeping his property maintained being hassled? He is being punished for mowing his law."
Mrs. Seeley responded, "He is not being punished, but just is being asked to follow the regulations we were asked to adopt."
Next to comment was Jim MacDonald, who asked that the borough clean out the area of a storm drain next to his property. He said that runoff "literally comes into my driveway." He and Mr. Bastion got into a discussion of the issue, which grew contentious, Mr. MacDonald also asked if the borough could drop its snowplow and clean out a drive of his that they use for access to the street shed. Mrs. Seeley said they cannot plow on private land. Mr. MacDonald said in that case he might block access to the drive.
Mr. Jannone, who lives across the street from the MacDonalds, said he has shoveled the drain out himself and asked if the borough could do something about the catch basin. After some more points were made, Mr. Bastion said "We will come up and clean it out." Mr. Brann said, "There is a problem, and we will fix it."
After the comments were concluded, Council took up its agenda items. Mr. Brann said he had no report.
Mrs. Seeley provided cash flows, balance sheet and trial balance reports and a budget report.
She said that Mr. Brann had made notes on a proposed Rental Inspection Ordinance that Council has been considering. She also provided copies of the Milton Borough ordinance for review by Council.
Council voted to appoint Jewell VanRyn as Junior Council member. A junior at Canton High School, she was unable to attend tonight's meeting due to her job. Mr. Jannone said, "She was very interested in what [previous Junior Council member] Jessica Pavey had to share about Council." Her appointment was approved unanimously. Miss VanRyn will be sworn in next month.
A property owner has asked to have a fence higher than three feet on a front lawn. The fencing ordinance limits fences along the street to three feet because of visibility issues for motorists. After some discussion it was decided that the Ordinance could be rewritten to allow for variances. "We will work to put a clause in," Mrs. Seeley said.
Through the PA State Association of Boroughs, Mrs. Seeley was informed about the "Fresh Paint Days Pennsylvania" program through which Glidden and Home Depot will provide paint for municipal products. She will apply for paint for the bathhouse at the pool.
The Canton Area Chamber of Commerce will hold its annual car show on August 7. Cub Scout Pack 3 will hold a Pinewood Derby in conjunction with this event.
Chief Seeley gave the Police report, saying it was a busy month. He said under the Borough policy, he will take Dalton Spencer, a Police student at Mansfield, on a "ride-along." Mayor Vineski said that five candidates were interviewed as part-time police officers. Council voted to hire three, John Doucette III, Michael Northup, and Steven Davis, upon completion of paperwork.
Mr. Bastion gave the street report. Six more people took part in the Borough's Spring Clean-Up than last year..
Mr. Bastion thanked Chief May for spraying the weeds at the fire station.
HRI, the contractor for the Borough's milling and paving jobs on Sullivan and Chestnut Streets, has decided to hold off on the jobs and do them when they finish the PennDOT jobs on Rt. 14 and 414.
A note was received from Jackie Matthews, thanking the street department for work on the street at her home.
Mr. Jannone gave the Recreation Report. He thanked the VIA for its donation of $600 and Canton Township for its donation of $1,500; and also thanked Ms. Rebecca Hamilton for her series of summer educational programs at the pool. He complimented the staff on the appearance of the pool. Mr. Vineski agreed.
Chief May thanked Chief Seeley and Sgt. Kurtz for their assistance at some accident scenes and thanked the borough for allowing the use of the municipal parking lot when the high water affected the fairgrounds.
Chief May also wanted to make this point: "All the fill we used at the fairgrounds was purchased and did not come out of the creek. We didn't fill to raise grade, but to fill in ruts. A representative from DEP was present and we did nothing in violation of DEP, Borough or Township regulations."
Mrs. Seeley said she and Emergency Management Coordinator John Mosser would attend a meeting on reporting for the National Incident Management System (NIMS) at Bradford County EMS Center on August 17.
Mr. Ciaccio reported that the summer reading program at the Green Free Library is going very well with an average of sixty children each session.
Before Council dismissed for an executive session, Chief May asked for a "straight answer" about carnival rides or truck parking in the flood plain. He said "I pushed to get variances in the Ordinance [to cover such issues]." He said, "I don't want to be surprised next June with a certified letter just before the fair." Ms. Seeley said the Ordinance contains the provisions he sought and that she would schedule a meeting with him to go over the floodplain and other ordinances with the Chief.
Council did hold its executive session for personnel matters. No action was taken after the session was terminated.