MEADVILLE CITY COUNCIL Study Session Meeting September 6, 2017

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1 A Study Session meeting was called to order at 4:15 p.m. by Mayor Stearns. Councilmembers Robert Langley, Nancy Mangilo-Bittner, Sean Donahue and John Battaglia answered on the call of the roll. Also present were City Manager/City Clerk Andy Walker, Asst. City Manager/Zoning Administrator Gary Johnson, Finance Director Tim Groves, City Solicitor Gary Alizzeo and Recording Secretary Barb Hall. The reciting of the Pledge of Allegiance immediately followed roll call. Public Comment Appointment - Patrolman Communication Karen Kress, who resides at 217 N. Main Street, came forward to discuss her concerns regarding the letter from Allegheny requesting a proposed roundabout at North Main St./Allegheny St./Limber Rd. She stated that Allegheny pays little in taxes. She asked who would pay for the roundabout and what would be the purpose of it. Karen also stated that she is concerned with Beech Lane and Clover Lane; the lanes are a mess. City Manager Walker responded that the Lanes are to be paved within the next 10 days. Todd Waid, who resides at 581 Chestnut Street and owns Waid Funeral Home, came forward to follow up on the proposed zoning change that would enable construction of a parking lot across from the funeral home. He stated their interest and desire to move forward. The City Manager announced the appointment of Gregory Summerson to Patrolman. Councilmember Mangilo-Bittner moved to concur with the appointment of Gregory Summerson to Patrolman and Councilmember Donahue seconded. Chief Tautin was present to read a brief bio on Summerson. Roll call vote was unanimous to pass the motion. Summerson was called forward by Mayor Stearns, who administered the Oath of Office and presented Officer Summerson with his badge. The Recording Secretary announced receipt of a letter from Gannett Fleming, Inc., informing the City of the intention of the MAWA to file an application with PA Dept. of Environmental Protection for a Public Water Supply Permit for the addition of a fluoride feed system at the site of the existing water treatment plant. Recording Secretary announced receipt of a letter from Allegheny College requesting the City to submit a proposed roundabout construction project to the Crawford County Planning Commission for inclusion in PennDOT s Transportation Improvement Plan. Recording Secretary announced receipt of a letter from Country Fair requesting consideration of a liquor license transfer from West Mead Township into the City. Their intention is to transfer the license into Country Fair s ownership and utilize at 333 North Street, Meadville. 1

2 Ordinance # Third & Final Reading- Zoning Amendment- Accessory Use/Building Definitions Presentation- Country Fair- Liquor License Transfer Request Councilmember Battaglia moved to pass an ordinance on third and final reading to amend accessory use/building definitions in the zoning code. Councilmember Donahue seconded. The roll call vote was unanimous to pass the ordinance on third and final reading. Mayor explained why he was changing his vote from the first and second reading. He had the opportunity to walk around the property and visualize where the parking lot will be located and how it would affect the neighbors as well as helping with parking at the Waid Funeral Home. He asked from the City Manager and Assistant Manager if Council could have photos, etc., where improvements are to be done. Councilmember Mangilo-Bittner again stated that it will not affect the value of the neighbors property. Paul Rankin, Vice President of Retail Marketing for United Refining Company, oversees Country Fair operations. Paul discussed the proposed transfer of a restaurant/liquor license to the Country Fair located at 333 North Street in Meadville. In the past few years, large convenience stores have become more like restaurants, serving quick, handheld foods. Country Fair plans to sell and serve alcohol pursuant to the PA Liquor Control Board guidelines. Country Fair would need to make store modifications and provide seating for 30. Mr. Rankin discussed the necessary training, codes, requirements, and procedures. Councilmember Langley asked how they plan to make space for the seating and increased traffic. Mr. Rankin stated that only the inside of the facility will be redeveloped and that there are no plans for extra parking. Mayor Stearns conveyed his concern about the activity going on outside of store. The gathering of younger individuals makes it hard for customers to get in and feel safe. He is concerned that alcohol could be consumed on premise and questions management s ability to control underage drinking, etc. Mr. Rankin appreciated the comments and conveyed that their interest is a safe environment. The required public hearing to consider the liquor license transfer has been advertised for September 20 th at 5:30 p.m. preceding the Regular Meeting. Staff will meet prior to discuss the regulations, conditions, and codes regarding the liquor license transfer. 2

3 Aggressive Driving Enforcement Grant Application Assistant Chief Mike Stefanucci provided a brief presentation regarding the aggressive driving enforcement grant. Based on 2016 and 2017 crash data compiled by PennDOT, the City is now eligible to receive funding for increased officer patrols to enforce vehicle code violations in the City, with focus being on areas where multiple vehicle accidents have occurred. This would be done with extra police officers working overtime. Enforcement would occur four times within a specified date range and the police department would get to choose those dates. Council expressed general support for the program. City Manager Walker indicated that a resolution to authorize signatures on the grant agreement will be on the next meeting agenda. Presentation/Discus sion Proposed Outdoor Burning Ordinance Gary Johnson presented a power-point presentation that summarized a proposed ordinance to regulate outdoor and recreational burning. Currently the City regulates outdoor burning through the International Fire Code (IFC) Staff would prefer a separate ordinance apart from the IFC that is more specific than the language found in the IFC. The ordinance would permit burning with certain limitations. Gary reviewed proposed definitions and rules regarding open burning, recreational fires, portable outdoor fires, and the type of fuel that can be burned. He also reviewed possible parameters of a permit program for outdoor burning, should Council want to require permits.. After brief discussion, Council did not wish to proceed with a permit system, but were satisfied with the regulations and language as proposed. It was the consensus of Council to move forward with the proposed ordinance. 3

4 Presentation/Discus sion Property Maintenance Code Enforcement- Dead/Dying/Dange rous Trees Gary Johnson presented photos of various trees throughout the City that staffs consider to be dead, dying, dangerous or contributing to blight. Since adoption of the International Property Maintenance Code (IPMC) in 2010, the City has only cited trees that had the potential to fall into the public right-of-way. The City hasn t been enforcing trees that potentially could be falling on private property, or are contributing to blight. Mr. Johnson reviewed language that was removed at time of adoption in 2010 that stated All premises and exterior property shall be maintained free of limbs and trees which are a hazard to persons or property by reason of dead, decayed, or damaged condition of the tree or limb. City staff recommended that this language ultimately be adopted. Councilmembers raised the concern that citizens would not be able to afford to remove the cited trees on their property. Council questioned whether CDBG funds could be made available to homeowners without resources to address these trees. Another concern was the availability of tree service companies; most companies are scheduling services months ahead, long after the citizen has been cited. After much discussion, it was the consensus of Council to rely upon the existing language in the Article of the IPMC that requires exterior premises to be maintained in a clean, safe and sanitary and apply it to private property conditions only when warranted. Request for Exoneration From Delinquent Real Estate Tax Penalty Roger & Sonia Parry Capital Budget Needs PA House Bill #1620- Wireless Infrastructure Deployment City Manager Walker reminded Council that, at the last meeting, they reviewed a letter from Roger and Sonia Parry requesting that their late fee/penalty be waived for their delinquent 2017 City taxes. Council does not have a standing policy as to how to handle these types of situations. Council reviewed their excellent payment history. Councilmember Mangilo-Bittner moved to waive the penalty, seconded by Councilmember Battaglia. The roll call vote was unanimous. Council feels that a policy should be adopted to address such circumstances so that, in the future, the Treasurer and/or City Manager can decide on such situations. City Manager Walker briefly reviewed a list of 3-Year Capital Budget needs that were included in Council packet for review. The list includes each department s capital project/equipment needs over the next three years It will be discussed in detail at future meetings. Council, by general consensus, was in favor of sending a letter to State Representative Brad Roae, stating the City does not support legislation that would eliminate local zoning control over wireless facilities within municipalities. 4

5 Temporary Parking Lease Agreement Lang Motors- Tri County Developers Trick or Treat Night 2018 Proposed Budget Schedule Resolution #42 Authorize Signatures- USDA Rural Development Community Facilities Program- $22, Resolution #41 Authorize Experimental Parking/Traffic Regulations Resolution #43- Authorize Signatures-City of Meadville-U.S. Equal Employment Opportunity Commission Conciliation Agreement City Manager Walker stated that the next agenda will have resolutions authorizing signatures on Temporary Parking Lease Agreements with Tri County Developers and Lang Motors to accommodate parking customers who will be displaced from the Market Square Parking Garage during rehabilitation of 5 th and 6 th floors. No action required at this meeting. Councilmember Battaglia made a motion to set Trick or Treat Night to be held Thursday, October 26 th. Councilmember Donahue seconded. The roll call vote was unanimous. City Manager Andy Walker reviewed the proposed schedule for presentation, review and adoption of the 2018 budget with Council. Councilmember Battaglia moved to pass a resolution authorizing signatures on a grant contract with the USDA Rural Development Community Facilities Program for a Police K-9 cruiser, canine, and training in the amount of $22, Councilmember Donahue seconded, and the roll call vote was unanimous to pass the resolution. Councilmember Donahue moved to pass a resolution authorizing approval of a 90-day trial period of experimental changes to the parking and traffic flow currently existing on Wallace Street, Seminole Road, and North Morgan Street. Councilmember Langley seconded, and the roll call vote was unanimous to pass the resolution. Councilmember Mangilo-Bittner moved to pass a resolution authorizing signatures on a Conciliation Agreement between the City of Meadville and the U.S. Equal Employment Opportunity Commission (EEOC). Councilmember Battaglia seconded. The agreement resulted from the EEOC s agency investigation into the City Employee s Pension Fund ordinance, which contained language requiring mandatory retirement at age 70. That language was found to be in violation of the federal Age Discrimination in Employment Act (ADEA). Council repealed the mandatory retirement language in the ordinance earlier this year and found that no one had been discriminated against under this provision. Solicitor Gary Alizzeo reviewed a memo prepared by outside legal counsel about the matter and the conditions of the agreement as follows: 1) repeal the mandatory retirement language 2) conduct training for Council and the City Manager on the ADEA and 3) notify current employees that retirement at age 70 is no longer mandatory. The roll call vote was unanimous to pass the resolution. 5

6 Presentation Age Discrimination in Employment Act Review Agenda Councilmember Statements City Solicitor Gary Alizzeo, summarized the Age Discrimination in Employment Act. The ADEA makes it unlawful for any employer to fail or refuse to hire or to discharge or otherwise discriminate against any individual because of age. Upon completion of the presentation each Councilmember and the City Manager acknowledged receipt of the training presentation as required by the Conciliation Agreement referenced above. The City Manager reviewed the agenda for September 20, 2017 Regular Meeting. Councilmember Battaglia commended Channellock for the new American flag. Councilmember Donahue stated that parking for the recent Meadville football game was terrible and that cars were already parking on the east side of North Morgan Street despite the fact that it is marked no parking. Mayor Stearns stated there is another hurricane approaching after Irma and our thoughts are with Texas and Florida. Adjournment With no further business to come before Council at this Study Session meeting, Councilmember Mangilo-Bittner moved to adjourn the meeting. Councilmember Battaglia seconded, and the roll call vote was unanimous to adjourn to executive session to discuss real estate at 6:47 p.m. Andrew Walker, City Clerk H. LeRoy Stearns, Mayor 6