The minutes of the July meeting were approved and the bills approved for payment.
There was no Solicitor's report.
In July, Council appointed Canton High School Junior Jewell VanRyn as Junior Council Person. She will take the oath of office at the September meeting.
Mrs. Seeley provided financial and balance sheet reports.
For several months Council has been considering a Rental Inspection Ordinance. A draft has been circulated among the Council, and Mrs. Seeley incorporated comments from Mr. Brann, She also sought comments from other Boroughs at the PSAB August meeting, and most of them stressed the "quality of life" and "health and safety" as the prime motivations for adopting such an ordinance. Lititz Borough said they sought to limit the inspections to "life and death" issues such as electricity and gas, etc. The Boroughs all shared concerns about "overreach," and said that public sentiment was divided on the need for an ordinance. Some indicated that an ordinance would be justified if renters were not satisfied with the housing, or if renters were intimidated or fearful of a retaliatory rent increase if they complained. An inspection ordinance would remove such threats.
Council discussed the issue. Mr. Jannone said, "I find this to be unnecessary government growth, and feel we can use the property maintenance ordinance." Mr. Ciaccio said, "I find it necessary, because of health and safety issues."
It was noted that under the property maintenance code, there is no access unless allowed by the owner or the tenant. Mrs. Seeley reported that within the past week there was a case where "if the tenant had not invited [Codes Officer Dave Wilson] in, we would not have known the roof leaked, damaging the tenants's personal property, and that mold was present." Mr. Jannone then replied, "We should keep restructuring the ordinance." He and Mr. Ciaccio both said they support regulating in the interest of public safety. Mr. Ciaccio said he was against "raising revenue from landlords who are getting the job done properly." Mr. Robertson likened it to a situation in a schoolroom when the entire class is punished because one student threw a spitball. "We don't want to exercise mass punishment."
Mrs. Seeley said, "This issue has been before us for three or four months and no one on Council has come to me [with suggestions for improvement], so we are sitting stagnant." Mr. Ciaccio said, "I question holding landlords responsible for the actions of tenants, especially criminal behavior. There should be a dividing line between criminal and rental behavior." Mr. Jannone said he did not want an ordinance that was "nitpicky." Mr. Robertson wondered if a house where a meth lab was discovered could be confiscated such as the federal government seizes property. Mrs. Blaney said this could not occur unless the landlord had some reason to know it was happening. She indicated if the authorities made repeated visits to a location and the landlord had done nothing to resolve the situation, then the landlord could not claim he had no knowledge of the violation.
Mayor Vineski said that the Police or the Code officer could see problems, but Mrs. Blaney said, "Most landlord/tenant complaints are civil issues and not something police have the time or the authority to take care of." It was stated that the tenant had the right to admit an official but the owner is the one who has to fix the situation.
Mr. Ciaccio said he hopes that if Council passed a rental inspection ordinance, the fees would be as low as possible. Mrs. Blaney suggested a work session could be held so Council could resolve the outstanding issues.
Mr. Jannone agreed, and mentioned "probable cause vs. intrusion" as an issue of concern. "We need landlords and tenants on the committee."
Fire Chief J. Scott May spoke from the audience and said that he would love to be on such a committee, because the Fire Department often has familiarity with some of the dangerous situations that arise in rental units. Mr. Vineski said that the police and ambulance also could provide valuable input.
Mr. Robertson then appointed Mr. Jannone, Mr. Jennings (who not only is on Council but is Deputy Fire Chief), Mr. Ciaccio, Chief May and Mayor Vineski to the committee to review the rental inspection ordinance. "Put the word out to landlords and tenants." Mrs. Seeley said she would check with Council to see what days would work for a committee work session.
Borough resident Helen Stark offered a comment from the audience. She and her husband, both professionals, purchased a home in Canton a few years ago. "We never rented here," she told Council, "because the quality was so poor. You missed out on our tax dollars for eight years." She urged Council to take steps to improve the housing stock through the rental inspection ordinance.
Mr. Robertson remarked, "We realize the situation." Mrs. Stark continued, "Some tenants are uneducated as to the issues. They don't realize that the wisteria may cause a miscarriage or mold causes asthma."
Under visitor comments, Brian Krise addressed a matter from last month. HRI's job trailer is on Mr. Krise's lot on Springbrook Drive, and under the new Floodplain and Zoning Ordinances, permits are required. DEP approved the arrangement last year, before the new Ordinances were passed. He told Council that he would meet with DEP to see if siting the trailer on that lot is allowable. However, Mr. Krise told Council that he had not met with DEP. He asked Council to take a vote to see if he needs to continue to mowing that lot, which he had maintained for 22 years. "I don't want to maintain it if I can't use it," he said. "I am getting too much grief. I will bush hog it once a year. I guess I'm being fined for HRI being there." He noted that some adjacent properties are not being maintained. "I want to walk away from it," he said, adding that last year he was billed $150 by the Borough, but his check was returned. "This year is the same as last year. It is called "new construction and development"- but it is [just] a temporary trailer! I feel it would be a waste of time to go to DEP. I don't know what the problem is." He said that he had been told he would be fined if he does not continue to mow the lot.
Mrs. Seeley responded by saying, "What changed from last year? A new zoning ordinance is in play and a new floodplain ordinance. Those are what we are enforcing." She said "I don't think you were told you would be fined. [Solicitor David Brann] said he did not feel it should be fined for high grass, as it is a non-residential property."
Mr. Jannone said, "There is no way I would support a fine." He said that Mr. Krise did a good job of keeping the lot well-appearing. "I am sad to see that it will not be maintained. I have seen better buildings in Iraq than the one across the street from Brian's lot." Mrs. Seeley said that building would be getting a letter.
Mrs. Blaney said, "I talked to [Mr. Brann]. He said there should be no fine…You technically are in violation of two ordinances." If Mr. Krise does not receive consent from DEP for the trailer, "[HRI} can pick [the trailer] up and move it somewhere else, or HRI can pay the fine." Mr. Krise asked if he could be excused, and left the meeting.
Jim MacDonald thanked the Street Department for taking care of the drainage issue in front of his home.
Mitzi Martin also was a visitor. Her daughter works as a lifeguard and Mrs. Martin said that as a mother, she had some concerns about some of the things going on at the pool. "Are exit interviews planned?" she asked. "If so, no relatives of anyone working down there [should be involved in evaluations]." "It gets a little 'catty' down there. She is hoping to finish the year on a positive note. There are some great girls down there but I don't think they have been treated nicely."
Mr. Jannone said, "We do collect after-action reports at the end of the year." Mrs. Seeley said that Mr. Jannone and Mrs. Thompson would handle that as a committee. Mrs. Martin said, "I don't want to throw anyone under the bus. I am just a concerned Mom."
Council approved an Ordinance incurring Lease Rental Debt in the maximum amount of $8,291,557.25 (which is 93.44% of the payments due under the debt to be issued by the Canton Borough Authority for the Penn-Vest loan for the wastewater treatment plant upgrade. This will not affect the Borough's borrowing base, and although the Borough and the Township are guarantors of the loan, the Authority will make the payments from its rate base. Council approved the Ordinance by a 5-0 vote.
Council authorized advertising amendments to the fencing ordinance to include a waiver section that says "waivers may be granted by Council."
A revised General Fee Schedule was approved. Assessment permit fees are needed for any shed 150 square feet or larger, whether portable or not. Those structures will on the tax rolls, but smaller ones will not. There also is a flat fee for construction not in the floodplain, and the fee for non-profits will be 50% of the original fee.
Council has been invited to attend the Annual Dinner meeting of the West Bradford Council of Governments at the Alba Church on August 24 at 6:30 pm. This will be the last meeting with long-time County planner Ray Stolinas, who has accepted another job and is leaving the county.
The Bradford County Boroughs Association will hold its meeting on August 25 at the Villa Sena in Towanda at 6:30.
Under police matters, Chief Doug Seeley reported that July was a busy month. Some of the part-timers hired last month have submitted paperwork and they will be sworn in next month.
In the absence of Street Foreman Kurt Bastion, Mrs. Seeley gave the street report. The PennDOT project on Rt. 414 and 14 presently is working on the ADA handicapped accessible sidewalks. When that job is done, the contractor (HRI) will undertake the paving, and after that is done, HRI will then mill and pave Chestnut and Sullivan Streets for the Borough.
The Lower Mountain Road bridge is scheduled for replacement in 2017 and a detour will be required. Mr. Bastion will explain the details at next month's meeting.
The Borough is considering placing bids on a leaf vacuum through a bidding site online.
Mrs. Thompson gave the recreation report. She said that Sandy Navone was doing some lifeguard instruction last week. The children are enjoying the weekly educational programs supervised by Ms. Rebecca Hamilton. The scheduled last day for the pool this season is August 22. Mrs. Seeley said that Manager Kari Koval has staff to honor that date, but because of some very low attendance at the pool recently she wanted Council to determine if it is fiscally worth remaining open for that extra week. After some discussion, Council decided to keep the pool open until the August 22 closing.
In light of Mrs. Martin's remarks earlier in the meeting, Mrs. Thompson said "the lifeguards have done a wonderful job. I am impressed with their leadership and they work well with each other." Mr. Vineski, Mr. Jannone and Mr. Robertson agreed, with Mr. Jannone saying, "They are doing well. We haven't seen problems and Ms. Hamilton's programs are very good."
Under the Fire report, Chief May said that the ISO insurance representative visited Canton. The present rating is a "6" and that should bump up to a "5". "He was impressed with our equipment, our manpower and our turnout." This will have a positive effect on fire insurance rates in the Borough.
Council voted to exonerate Tax Collector Gary Gleckner from collecting $270 in 2015 occupation taxes.
Two items were given under emergency planning. There will be a pipeline safety program at Wysox on September 14 and Hazardous Weather and Flooding Preparedness program in Lock Haven on September 29 and 30.
After the meeting Council held an executive session for legal matters for about twenty minutes. No action was taken.