After the pledge of allegiance and Invocation, Mr. Robertson announced that Council had held an executive session prior to tonight’s meeting for legal matters.
He then rose and made a statement concerning comments from the audience, saying “I want to clarify a few things. There will be no personal attacks... Council understands that some people may be here to speak about issues that are before the courts." He said these could not be discussed. “If anyone has petitions they should be presented to Council.” He added that complaints about employees are not handled in public session but in executive session.
Mr. Krise was recognized and said “I’ve had a lot of problems” with issues about the HRI trailer on his lot. He said that Canton is the only place he can find that does not allow temporary trailers in the floodplain.
Solicitor Brann replied, “Yours is not a temporary trailer. [Under the FEMA ordinance] it is considered a development.” He said that the Ordinance was passed because without it, Borough residents would not be eligible for the federal flood insurance program. Mr. Brann said that the borough could be dropped from the program if violations of the ordinance are unchallenged. “We want to work with people,” Mr. Brann said. “We don’t want to ruin things for people who are in the floodplain. We want to assure that everyone is protected.”
He continued, “FEMA told us we had to have a floodplain ordinance, and gave us three options to choose from.” He suggested that perhaps other municipalities had chosen other options that allow the temporary trailers, but Canton did not. “Maybe another option would be more amenable” with Mr. Krise’s situation, Mr. Brann said, “But we have to follow the one we passed.”
Mr. Krise said that under his reading of the law the job trailer is considered a “temporary trailer,” but Mr. Brann responded, “DEP has told the Borough they looked at everything, and they say the Borough is justified in not allowing that use; and FEMA verifies this.” Mr. Krise said he had contacted Rep. Matt Baker’s office and they had referred him to a DEP office that said “We don’t know why this is not considered a temporary trailer.”
There was additional discussion relating to the option that Canton selected, and Mr. Krise asked Council to check into using another option. Mr. Brann said, “That is something we can look at, something we could entertain.”
Mrs. Seeley said “Our ordinance may allow it, but one of the things [Mr. Krise] has to do is get a DEP permit. You didn’t contact them.” She said that she couldn’t say the trailer wasn’t allowed, but a permit was required regardless of what type of a trailer it was. Mr. Krise repeated “this is a temporary trailer, not a manufactured home.” Mr. Brann said, “If DEP tells us it is a manufactured home, that is what we have to use.” Mrs. Seeley repeated, “It needs a proper permit.” She said that Mr. Krise had been contacted on July 1 and did not contact DEP for a permit until after Council’s August meeting. Mr. Ciaccio said, “Your argument is with FEMA, not with us.” Mr. Jannone said that there was very little “wiggle room” in the floodplain ordinance.
Mrs. Seeley said, “A variance is allowed for almost everything, but you have to have a permit.” It was noted that Mr. Krise experienced the death of his mother-in-law in July and that occupied his time. Mr. Brann repeated “Everyone else in the floodplain would be in jeopardy” if the Borough did not enforce the ordinance.
From the audience Traci Gerould noted the differences in what the Borough had been told and what Mr. Krise had been told and wondered “are you talking to the same people?”
Mr. Brann commented to Mr. Krise that a hearing date has been set before Magisterial District Judge Jonathan Wilcox (October 2). “You have done your research, the Magistrate may rule in your favor.” He noted that the fine set by the Magistrate was nearly $3,000. “According to the Ordinance, the fine is up to $600. The Judge assessed a $25 per day fine [which amount is in other floodplain ordinances, but not in Canton’s]; that sounds excessive.” [If you challenge that amount] you’ve got a nice case.”
Mrs. Seeley again said, “You still have to have a permit.” Mr. Thoren said, “You need DEP approval.”
Mr. Brann said, “We have a disagreement, We will have a hearing. The fine seems excessive. I’m not [going to] challenge you on that one.”
Mr. Brann complimented Mr. Krise and continued, “I wish we were on the same side.” Mr. Robertson wondered, “Perhaps we chose that option because it doesn’t have the $25 daily fine.”
Several members of Council indicated they were willing to look at other options.
Mayor Vineski addressed Mr. Krise and said, “If you make one phone call to [Mrs. Seeley] she will answer all your questions.”
Mr. Krise was thanked for his remarks and he sat down. Mrs. Gerould raised the issue of the definition of a mobile or manufactured home, saying one should include a bedroom or kitchen, and the job trailer does not. Mr. Brann said that the position was “reasonable.”
Tom Schrader asked why DEP and FEMA were not present at tonight’s meeting. Council replied that they were invited but did not come. Mr. Schrader said “that was because they think you are wrong.” Mr. Robertson and Mr. Brann said, “It’s about a permit, not about money.”
Dave Larson asked if the fine was for the trailer or the land. Council responded that it was for not being in compliance with the ordinance, for not having a permit. Mr. Larson said he was aware of a camper within the floodplain but the Borough had not taken any action. Council and Mrs. Seeley said they were not aware of the situation and asked Mr. Larson to provide information, which he declined to do.
There being no more comments, Council took up its regular agenda.
Mr. Brann said he had no additional items to report in public session.
Mr. Robertson gave the oath of office to Junior Council person Jewell VanRyn, a junior at Canton High School. She is a non-voting member of Council and cannot attend executive sessions but otherwise can participate. She is the second Junior Council Person under the program of the PA State Association of Boroughs.
Mrs. Seeley provided various cash flow and balance sheet information.
Council voted to approve amendments to the Fencing Regulation Ordinance. These allow for a waiver of the height standards.
The Rental Inspection Ordinance Committee met September 1. Using suggestions and recommendations from that meeting, Mrs. Seeley prepared a draft ordinance for review by Council. She said work remains to be done on definitions and some other areas. She said that an occupancy limit was advisable, and that GFI outlets should be kept in the ordinance. Carbon Monoxide alarms also are required by law. Fire Chief J. Scott May said that the CO alarm would not be needed in a home that did not use fossil fuels for heat. Mr. Jannone said that he still had concern over the number of inspections and the fees. He said “Our original draft was too invasive and had way too much overreach. [The new draft] focuses on health, welfare and safety. We want to limit Borough involvement in landlord/tenant issues” He said the previous draft read like something from a homeowners’ association. Another committee meeting will be scheduled to work on the draft before presenting it to Council.
Mrs. Gerould said that the Williamsport rental ordinance allowed for the removal of those convicted of drug use. Mrs. Seeley said that she had brought that before Council but they said they did not want that included.
Mrs. Seeley said that the Borough would have Minimum Municipal Obligation of 15.25% for the non-uniformed pension and no contribution is expected for the police pension. She said $5,000 would be budgeted for the police fund in case a contribution was needed.
She advised Council that the date of the November meeting would be changed to November 2.
The Commissioners have opened the period for Community Development Block Grant applications. She asked if Council had any suggestions. They spoke in favor of grants for owner-occupied sidewalk replacement. Mrs. Seeley said she would check to see if rental properties would qualify but said they did not qualify under the previous standards.
Council authorized Mrs. Seeley to attend the PSAB fall conference October 16 to 18 in Seven Springs.
Council has been invited to the October 16 meeting of the Northern Tier Regional Planning & Development Commission.
Chief Seeley gave the Police report. He said August was “a busy month.” The Homecoming Parade will be September 26 at 11:30 am, with line-up at 11 am.
Mr. Bastion gave the Street report. (See separate article). A thank you note was received from Richard and Joeann Brown, Lycoming Street residents grateful for the Street Department’s efforts to remove the beaver dams that cause flooding of their lot.
Mr. Bastion said that after HRi finishes the ADA crosswalk ramp work, Rt. 414 and 14 will be milled and paved. When that PennDOT job is done, HRI then will pave Sullivan and Chestnut Streets for the Borough.
In 2017, PennDOT plans to replace the Lower Mountain Road bridge. The detour to be used will go from Church Road to Government Road to Route 414.
The Street Department acquired a used leaf vacuum from Wernersville. It cost $9,200, well under the $15,000 limit set by Council. A leaf box for the Sterling truck will be obtained through Watson Diesel and the cost still will be less than the $15,000 amount.
The new Ford F550 has been delivered and is at Watson Diesel. After reviewing quotes from local banks for financing the cost ($69,593.65) of the truck, Council voted to go with the lowest quote, from Chemung Canal Trust Company at 2.1% for a five year term. Mrs. Seeley said that term would enable the Borough to use liquid fuels funds for the purchase.
Council authorized advertising the 2011 Dodge truck for sale.
Mr. Bastion recommended that the Borough advertise for snow removal contractors for the business district to be used in case of need.
PennDOT informed the Borough it plans some work on Rt. 154 and asked if the borough was aware of any drainage or utility issues. Ms. Gerould, who lives on S. Minnequa Avenue (Route 154) said that there is a serious problem with runoff coming down Second Street and into her basement. Mr. Jennings said that when he was with the Street Department, he had tried to get PennDOT to correct the situation but they would not. Mr. Bastion said he would look into it and that PennDOT would be informed. Ed Kalinowski, a Lycoming Street resident, also raised the issue of run off from the parking lot at the drug store, the roof of the drug store and the Burk building, and the firehouse area which runs into his property. Mr. Bastion said he would look into the matter.
Some street lights are not functioning. Mrs. Gerould will give the pole numbers to Mrs. Seeley for referral to Penelec.
Mrs. Thompson gave the Pool report. She thanked Mr. Groover for his help in applying chemicals at the pool and said that Ms. Rebecca Hamilton’s programs there “were fantastic.”
Mrs. Seeley said the County Commissioners had awarded a grant of $10,400 to the Borough to paint the bathhouse and replace its windows. She thanked the Commissioners.
Chief J. Scott May said that two members of the department had attained National Registry certification as EMTs. The department has acquired a 2008 Ford Expedition to be used as a support unit.
The Code Enforcement report was submitted. Mr. Jannone asked what the standards were for “barking dogs.” Chief Seeley and Sgt. Kurtz said there was no time limit, but constant barking was subject to a violation. Warnings are issued before a violation is filed.
There was no exoneration list, no emergency planning report, and no library report.
Mrs. Seeley said the Council of Governments is seeking a new solicitor. She will prepare a letter to the County Commissioners stating how much Ray Stolinas did for the Borough. He recently left the planning office to take a job in another county. She wanted to make sure the Commissioners know how important his position is.
Following the meeting Council held a brief executive session for real estate matters. No action was taken.