HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
December 20, 2004
Call to Order:
The following Council members were present: Mayor H. Robert Cannell, Mary Ann Horne, Clifford Allen, Greg Lucas, Bob Cogan, Jean Davis and Christopher Gillette. Also in attendance were: E.R. McFadden, Borough Manager; Solicitor Ritchie Marsh; Dave Zamierowski, Code Enforcement Officer; Tom Schruers, Public Works Director; and Marie Lander, Assistant to the Manager. Guests present were: Jon Foulkrod, Mayor of Washington Township; Ryan Smith, Meadville Tribune; and Nancy Crawford.
Mayor Cannell introduced the minutes from the Regular Council Meeting of December 6, 2004. Mary Ann Horne moved for approval of the minutes, and Robert Cogan seconded, and, with no objections, the minutes were approved by 7-0 voice vote.
Mayor Cannell opened the floor for any wishing to address Council.
John Foulkrod, Washington Township Mayor, asked Manager McFadden about bill 170 and if someone worked first somewhere that did not in act the ordinance and then worked in Edinboro in July would they pay $52 or if proof of $10 then $42. Manager McFadden agreed to this recap and also stated that GMSD would still receive the $5 and the most the Borough would receive is $47. Mr. Foulkrod asked if it would be prorated. Manager McFadden stated that the act allows for prorate and if two municipalities enact the full amount this would become into effect. This coming year will be when we will be finding out how it will work with other municipalities.
Committee Reports:
Finance Committee: Mary Ann Horne reported they met today and saw no problem with the bills. They also reviewed the rate schedule being presented today as Resolution 17-2004 and the only changes are the increase of bad check fee from $20 to $25; Rental Occupancy from $25 to $35 per year; Accident reports from $12 to $15; new WWCT equipment fees; and new building code fees as set in other areas.
Clifford Allen asked if dock launching fees should be included. Manger McFadden stated that if we have a way to collect we can adjust the fee schedule either the first of the year or any appropriate time.
Ordinance Review Committee: Jean Davis stated that she had no report.
Personnel Committee: Clifford Allen stated in the review of the Manager they had asked in the follow up goals for next year what computer skills the Manager had. Manager McFadden stated he would have the list to them next meeting.
Committee of the Whole: Mayor Cannell reported that they met December 14, 2004 with the Washington Township Council and both Authorities. There were nineteen (19) in attendance and the two engineers from each municipality gave a presentation. Washington Township has decided to go with Plan 2B which they should vote on at tomorrow meeting at 4p.m. He felt that it was a good productive meeting that lasted 1 ½ hours. Greg Lucas also gave a report on the consolidation study group issue to be on the ballot next year. Individuals showing interest in being on the study group have been mark Hutchinson, Greg Lessig, Vera Woods, and Traci Halmi. Clifford Allen stated that he knew of two people from the Township that were also interested and they were Sue Busse and Bill Joseph. John Foulkrod stated that Dave Anthony, Washington Township Manager, was in contact with someone from Harrisburg who would be at the Council meeting tomorrow to give his spin on the study commission which is different than Mr. Kuglar’s. The meeting is open to the public so he was inviting Borough Council to come and hear his comments. Mr. Foulkrod did not know the agency he was from or his name. Greg Lucas informed everyone that he had the Board of Elections and the their solicitors acceptance of the petition.
Attorney Ritchie T. Marsh arrived 4:48 p.m.
Mr. Cannell went on to explain that Jean Davis at the December 14, 2004 meeting with Washington Township also went over changes in the agreement that had been made.
SOLICITOR’S REPORT:
Mayor Cannell asked Solicitor Marsh if he had anything to report.
Solicitor Marsh reported that they would meet in executive session to discuss the Ban and Civil Assessment.
Robert Cogan moved to present a letter to DEP from the Mayor as a settlement. Discussion followed and Attorney Marsh reminded Council that the purpose of executive session is to discuss legal cases and negotiations. It is harmful to present offers in an open session because it shows the other side what you are thinking, when they do not tell you what they are considering, and if you meet in executive session than you can return to the meeting and make a motion when you are fully and completely informed of the matters. It was agreed to wait for executive session to discuss these legal items. There being no second the motion died.
Manager’s Report:
Manager McFadden reported that the changes for recodification would be in the committee’s hands by the end of this week. Discussions with Tri-County Industries are in the form of phone tag at this time. He had nothing back from Jim Sheehan regarding the parking and traffic studies at the University. The ordinance or resolution to legally form the “Design Review Committee” will be part of the documents of the state wide building code.
Manager McFadden stated he looked into the House Bill 30 regarding cable companies, internet service that was handed out last meeting from Rothman Gordan. The memorandum was the thoughts on the legislation from this attorney firm and they were looking for a test case to use. This is not a revenue option.
Manager McFadden informed Council that PLCM had combined two programs into one. Municipal Utility Alliance which worked on electric options but since there was no market at this time to take advantage of the program and PA Technology Advisory Program which will keep us informed of any revenue sources available for us.
Robert Cogan asked for an updated DEP expenses like they had received May 21, 2004. Copy of the May handout was given to the Manager to update.
Greg Lucas stated that he understood from the meeting with the Township that they were still interested in 50,000 gallons per day for WWCT and he was wondering if they could also work in the water agreement with the Township at the same time. Jean Davis stated that she thought there were liability issues the last time. John Foulkrod, Mayor Washington Township, stated he would bring it up to his Council tomorrow night. Jean Davis also stated she thought that the liability discussions in the past were that the Township and Borough’s liability insurance would cover this liability. Jon Foulkrod stated he thought their concern was of PUC issues.
Emergency & Municipal Services (EMS) Tax Ordinance was in the packets for action December 29th. Robert Cogan asked for corrections on page 42 Section 9. ½ instead of 2 in (2 of 1%); recover should be recovery; and Edinboro=s should be Edinboro’s. Mr. Cogan also stated he questioned the ordinance regarding younger students and town youth and if the Solicitor thought it was possible to exempt those under the age of 18. Mr. Cogan also asked if the amount lost from this could be figured. Solicitor marsh stated that the act is specific to all groups of people and to make it different for a specific age group maybe discrimination against those in another age group. He felt all groups equally and high school may be making less than $1,000 and be covered under that limit. Mayor Cannell stated that he received a letter from Giant Eagle regarding part timers, since they have a lot of them and after discussion they felt the $1,000 was enough to cover them. Lucas asked Jon Foulkrod what the minimum for Federal taxes was and Mr. Foulkrod thought it was $3,500. Mr. Cogan stated that the information received on who was and was not enacting this tax from PLCM that was on their desks showed 108 entries, with 54% or 58 enacting the EMST.
Jean Davis moved to adopt Resolution 18-2004, which sets the collector for the EMST to be Berkheimer Associates at a commission rate of 2.5% starting January 1, 2005.
Home Rule Borough of Edinboro
Resolution No. 18-2004
A RESOLTUION OF THE GOVERNING BOARD OF THE HOME RULE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA, AUTHORIZING, EMPOWERING AND DIRECTING THE PROPER OFFFICERS OF THE GOVERNING BOARD TO EXECUTE AN AGREEMENT WITH BERKHEIMER WHEREUNDER BERKHEIMER IS RETAINED AS THE EXCLUSIVE TAX OFFICER FOR THE COLLECTION, ADMINISTRAITON, RECEIPT AND ENFORCEMENT OF THE PROVISIONS OF THE RESPECTIVE TAX ENACTMENT OF THE GOVERNING BOARD LEVYING AND ASSESSING THE EMERGENCY AND MUNICIPAL SERVICE TAX FOR THE TERM HEREIN DEFINED, TOGETHER WITH SUCH EXTENSIONS AS MAY BE AGREED UPON, SAID TAX ENACTMENT HAVING BEEN ADOPTED UNDER AND PURSUANT TO THE AUTHORITY OF THE PENNSYLVANIA LOCAL TAX ENABLING ACT (ACT 511, P.L. 1257); AND APPROVING AND ADOPTING THE RULES AND REGULATIONS PREPARED BY BERKHEIMER TO ADMINISTER AND ENFORCE THE EMERGENCY AND MUNICIPAL SERVICE TAX.
WHEREAS, Act No. 511 of the 1965 General Assembly of the Commonwealth of Pennsylvania, enacted December 31, 1965, and effective January 1, 1966, authorizes certain political subdivisions, including, the Home Rule Borough of Edinboro, Erie County, to levy, assess and collect a tax assess and collect a tax on the privilege of engaging in an occupation, as therein with more particularity specified, generally and hereinafter referred to as the “Emergency and Municipal Service Tax;” and
WHEREAS, The Home Rule Borough of Edinboro, Erie County, by Ordinance, has levied, assessed and provided for the collection of such Emergency and Municipal Service Tax; and
WHEREAS, Section 10 of said Act of 1965, specifies that any such political subdivision may provide for the creation of such bureaus or the appointment and compensation of such officers, clerks, collectors and other assistants and employees as may be deemed necessary for the assessment and collection of taxes imposed under the authority of the Act; and
WHEREAS, the Home Rule Borough of Edinboro, Erie County, and Berkheimer have negotiated an Agreement whereby and whereunder it will hire Berkheimer to collect the Emergency and municipal Service Tax levied by the Home Rule Borough of Edinboro, Erie County, and
WHEREAS, the Home Rule Borough of Edinboro, Erie County, recognizes the
legal obligation and practical necessity for Berkheimer to establish and
maintain consistent rules and regulations to be used in the efficient
administration and collection of said taxes;
THEREFORE, BE IT RESOLVED that:
ENACTED into a RESOLTUION this 20h day of December, 2004.
The motion was seconded by Bob Cogan and passed by roll call vote of 6-1as follows: Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, yes; Mary Ann Horne, no; Greg Lucas, yes; Clifford Allen, yes; and H. Robert Cannell, yes.
Jean Davis moved to adopt Resolution 19-2004 setting representatives to be Manager McFadden and Assistant to the Manager Marie Lander as the contacts for the collector of EMST in regards to the 511 law of confidentiality.
Home Rule Borough of Edinboro
Resolution 19-2004
A RESOLUTION OF THE GOVERNING BOARD OF THE HOME RULE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA, AUTHORIZING, EMPOWERING AND DIRECTING THE PROPER OFFICERS OF THE GOVERNING BOARD TO APPOINT A LIAISON BETWEEN IT AND BERKHEIMER, THE DULY APPOINTED COLLECTOR OF EMERGENCY AND MUNICIPAL SERVICE TAX FOR THE DISTRICT, FOR THE EXPRESSED PURPOSE OF SHARING CONFIDENTIAL TAX INFORMATION WITH THE DISTRICT FOR OFFICIAL PURPOSES.
WHEREAS, Act No. 511 of the 1965 General Assembly of the Commonwealth of Pennsylvania (53 P.S. § 6901 et. Seq.), enacted December 31, 1965, and effective January 1, 1966, authorizes certain political subdivisions, including, to provide for the creation of such bureaus or the appointment compensation of such officers, clerks, collectors and other assistants and employees as may be deemed necessary for the assessment and collection of taxes imposed under the authority of that Act; and
WHEREAS, the Home Rule Borough of Edinboro, Erie County, has entered into contractual agreement with Berkheimer of Bangor, Pennsylvania, whereby and whereunder CLIENT appoints Berkheimer to collect Emergency and Municipal Service Tax; and
WHEREAS, said Act 511 specifically mandates that any information gained by the appointed tax officer, his agents or by any other official or agent of the taxing district, as a result of any declarations, returns, investigations, hearings or verifications required or authorized by the taxing municipality’s ordinance, be kept confidential, except for official purposes; and
WHEREAS, any person who divulges any information which is confidential under the provisions of any ordinance, upon conviction may be subject to fines and/or imprisonment, upon conviction, and dismissal from office or discharged from employment; and
WHREAS, Berkheimer requires passage of a resolution by the governing body of the Home Rule Borough of Edinboro, Erie County specifying that said confidential information is needed for official purposes and absolving Berkheimer from any liability in connection with the release of said confidential information to the Home Rule Borough of Edinboro, Erie County;
NOW, THEREFORE, BE IT RESOLVED that:
RESOLVED, ENACTED and ADOPED at a meeting held on the 20th day of December, 2004.
Mary Ann Horne seconded the motion and it passed by 7-0 roll call vote as follows: Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, yes; Mary Ann Horne, yes; Gregory Lucas, yes; Clifford Allen, yes; and H. Robert Cannell, yes.
Mayor Cannell stated they would hold the budget discussion until after executive session.
Jean Davis moved and Mary Ann Horne seconded adoption of Tax & Revenue Anticipation Note Ordinance 521 for $250,000 at 2.95% by PNC Bank. Clifford Allen stated that we are borrowing until taxes are received into the budget and wondered if the interest was in the budget. Also he wanted to know if any other bids were received. Robert Cogan was confused asked to table the motion until other bids for comparison were received. Robert Cogan moved to table the motion and to instruct the Manager to get rates for comparison. Kip Allen seconded with no objections the motion to table passed unanimously 7-0. Jean Davis noted that PNC has always been the lowest bidder.
Jean Davis moved and Robert Cogan seconded to accept Resolution 17-2004 -Fee Schedule as follows:
Home Rule Borough of Edinboro
Erie County, Pennsylvania
Resolution #17-2004
A RESOLUTION OF THE HOME RULE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA MODIFYING CHAPTER 42, OF THE HOME RULE BOROUGH OF EDINBORO CODE OF ORDINANCES, ANNUAL FEE SCHEDULE
WHEREAS, the Council of the Home Rule Borough of Edinboro has established certain fees to cover the cost of the administration of the Borough Ordinances to be increased from time-to-time to stay current with costs;
AND, WHEREAS, the Council of the Borough of Edinboro shall set these fees following the initial passage of Ordinance #464, each year by Resolution at it’s annual re-organization meeting or at such time as determined necessary by the Borough Council.
NOW, THEREFORE, be it resolved and enacted by the Council for the Borough of Edinboro, in meeting assembled, and it is hereby resolved and enacted by the authority of the same as follows:
SECTION 1.
Administration
Photocopies (per page) $0.25 one side letter page
$0.35 both sides of letter page
$0.35 one side of legal page
$0.40 both sides of legal page
Return check Charge $25.00
Municipal No-Lien letter $ 5.00
Floodplain Certification $ 5.00
Fax $ 1.00 per page
Building Room Rentals (non-profits no charge)
Council Work Room FREE
Council Chambers $50.00 refundable deposit
And $50 for first hour plus $5 per/hr add
Basement Rooms “ “ “
With or Without Kitchen “ “ “
*** Borough Building - No smoking and/or alcoholic beverages.
Hearing Fees
Planning & Zoning Commission
Conditional Use $100.00
Housing Review Board or Design Review Committee
Miscellaneous Hearings $100.00
Appeal to Design Review Committee $150.00
Zoning Hearing Board
Appeal of Zoning Officer Action $350.00
Variance $350.00
Special Exception $350.00
Refuse/Recycling
Two Months $22.50
Subdivision/Land Development
Minor Subdivision
Sketch Plan Approval $25.00
Preliminary Plan Application $25.00
Final Plan Application $25.00
Major Subdivision
Sketch Plan Approval $50.00 plus $5.00 per lot over 2
Preliminary Plan Application $50.00 plus $5.00 per lot over 2
Final Plan Application $50.00 plus $5.00 per lot over 2
Land Development
Sketch Plan Approval $50.00 plus $5 per building over 2
Preliminary Plan Application $50.00 plus $5 per building over 2
Final Plan Application $50.00 plus $5 per building over 2
Building/Construction FEES:
· Borough Zoning Certificate (residential) new home & attached garages & additions $ 250.00
· Borough Zoning Certificate (commercial) $6. per thousand up to $200,000 then $1 per thousand.
· Electrical Inspection $ 90.00
· Residential Plan review, footer, framing & drywall inspections - $40.00 plus $0.15 per sqft
· Commercial or industrial Plan review, footer, framing & drywall inspections $60.00 plus $0.25 per sqft
· Plumbing Inspections $ 8.00 per fixture
· Mechanical Inspection – $10.00 per thousand of actual cost of the installed equipment
· UCC Law – Department of Labor & Industry fee $2.00
· Building permit for pools (expires after 1 year) $10.00 for first $1,000 plus $1 for every additional $1,000
· Alternations, decks, fences, sheds, porches $10.00 plus $1 per $1000.
· Sidewalk/Apron (new construction) $10.00
· Curb (new construction), if line and grade must be established by Borough, first 100 feet $100.00 each additional foot $1.00
· Curb (new construction, if line and grade do not need to be established by Borough $10.00
· Curb (repair) $10.00
· 6 month permit extension (all permits – 2 max.) $10.00
· Repairs to structures (replacement of existing parts or components – siding, roofing, windows, etc. $10.00
· Regulated Residential Rental Unit Inspection/Occupancy Permit Fee $35. per annum and Late Filing Fee $10.00
· Reinspection following notice of Violation $10.00; $25.00; $50; $50
· Minimum Building Permit Fee $10.00
· Demolition Permit $50.00
· Driveway Permit $10.00 first $1,000 plus $1 for every additional $1,000.
· Sign Permits $10.00
· Late Fees (all Permits) $10.00
· Copy Property Maintenance Code $ 5.00
Police Department Fees:
Copy of Accident Report $15.00 each
False Alarms (annually)
One thru Five Free
Six thru Ten $10.00 per call
Ten and Above $15.00 per call
Services of Police Officer see Personnel Rates
Police Department Fines
Parking Violations $10.00 if paid within 48 hours (72 hours over weekends).
Parking Violations $20.00 if paid after 48 hours until citation is issued.
Blocking Private Drive $10.00 or $20.00
Double Parking $10.00 or $20.00
Loading Zone $10.00 or $20.00
Obstructing traffic lane $10.00 or $20.00
Overtime parking $10.00 or $20.00
Parked Across Lines $10.00 or $20.00
Permit/Decal Violation $10.00 or $20.00
Prohibited Area $10.00 or $20.00
Crosswalk Violation $10.00 or $20.00
Restricted Zone $10.00 or $20.00
Too Close to Intersection $10.00 or $20.00
Too Close to Fire Plug $10.00 or $20.00
Too Close to Stop Sign $10.00 or $20.00
Wrong Direction $10.00 or $20.00
Parked in Handicapped Zone $50.00 to $200.00
Soliciting Permit
Annual $200.00
Monthly $100.00
Weekly $ 50.00
Minimum $ 25.00
Recreation
Dock Fees
Residential $250.00
Non residential $300.00
Private (commission) $ 75.00
Weekly $ 50.00
Daily $ 10.00
Engineering Fees
Review of plans by Borough Engineer (per hour) At Cost
Inspection of Subdivisions by Borough Engineer (per hour) At Cost
Personnel Rates
Total of employee’s gross hourly rate (hourly or overtime hourly rate)
Highway Department Fees
Operator at actual cost of gross hourly rate of personnel
Equipment including backhoes, snow plow, trucks, etc.
$70.00 per hour plus materials & personnel rate
Cleanup $25.00 per hour plus personnel rate
Materials and repairs Actual Cost
Road Occupancy Permit Fee $35.00
WWCT Department Fees
Operator at actual costs of gross hourly rate of personnel
Vactor $100.00 per hour plus materials & personnel
Equipment $70.00 per hour plus materials & personnel
Camera $60.00 per hour plus materials & personnel
Push Cam $25.00 per hour plus materials & personnel
Materials Actual Cost
Wastewater Contribution Permit $15.00
Mobile Home Waste Water Disposal $ 5.00
Water & WWCT Certified Inspection and Compliance (Ord 518) $50.00
Sale of Maps and Publications
Sanitary Sewer Specifications $2.50
Subdivision & Land Development Ordinance $10.00
Borough map (large) $ 0.50
Borough map (Small) $ 0.25
Zoning Ordinance $20.00
Discussion followed and roll call vote as follows: Clifford Allen, yes; Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, yes; Mary Ann Horne, yes; Gregory Lucas, yes; and H. Robert Cannel, yes.
FINANCE:
Mayor Cannell introduced the bills for payment. Robert Cogan moved to approve the submitted bills totaling $168,721.35, and Mary Ann Horne seconded.
The motion to approve the invoices was approved by 7-0 voice vote. Robert Cogan asked that Rob Kennerknecht explain why the drying bed roof was so expensive. Greg Lucas stated it was because of steel costs and union labor.
Mayor Cannell introduced the payroll as submitted for the period ending December 4, 2004 and paid December 10, 2004 totaling $51,879.23. Mary Ann Horne moved to approve the payroll, and Jean Davis seconded. The motion approving the payroll, overtime reports and supplemental time sheets passed unanimously by a voice vote 7-0.
Meeting adjourned for executive session with Municipal Authority at 5:40p.m. to discuss legal issues regarding the Ban and Civil Penalties.
Meeting reconvened at 6:40 p.m.
Manager McFadden reported that his understanding of the agenda that they had left off after Finance but left discuss on 2005 budget also to after the executive session. The executive session was to discuss legal issues regarding DEP and during which those issues were discussed and if someone wished to move at this time on their behalf they could.
Mary Ann Horne moved to authorize Solicitor Marsh, Chuck Wunz, HRG, and Superintendent WWCT Robert Kennerknecht to meet, discuss, and negotiate on behalf of Council with DEP and to have Solicitor Marsh contact DEP’s solicitor tomorrow. Jean Davis seconded the motion and it passed by 6-0-1 vote with Robert Cogan abstaining.
Robert Cogan requested that the agenda have the page numbers of the packet put on it so it was easily correlated to the agenda.
Budget Discussions: From last budget workshop Council had found $5,300 to adjust the budget by.
Robert Cogan suggested that the real estate tax not increase with the already 2% EIT in the Borough. He suggested that the budget to date with no increase had a loss of $23,423.91 and that was approximately the cost of the police car and he also felt a reduction in dues, meeting, and miscellaneous expenses could balance the budget. He even thought a lease purchase instead of a purchase maybe an option on the police vehicle and not to get a police specified vehicle may also save funds. Manager McFadden believed it was inappropriate not to use a police specified vehicle because if involved in an accident this may become a liability issue and is not worth it. He stated that he was addressing the liability issue only and if Council did not want to replace it than it would not be replaced.
Greg Lucas also felt they did not need to replace the vehicle but he wanted everyone to remember that we also had money in the budget for selling the vehicle. Jean Davis also noted that maintenance would go up 7-8 thousand when they are not replaced regularly. Christopher Gillette felt with getting over $200,000 for the new tax and there is still a problem it sickens him. We have to do something cut trucks, people, something. Mayor Cannell felt cutting this small amount out of the police budget would not make much of a difference. Robert Cogan stated he had a question about canine report and if we were paying for his trips to other school districts. Manager McFadden stated it was his understanding it was being reimbursed by Task Force. Greg Lucas asked about the K9 vehicle and even though he liked Benze if they got rid of the dog the vehicle would not be a problem in the budget and we haven’t discussed the K9 at all.
Manager McFadden asked if he understood them that they would like no tax increase and that four votes was no where else. Council was in agreement with the EMS tax, increase in fees, 3% wage increase across the board, HMO, and general purpose real estate rate of 1.868. Manager McFadden would go over the budget and make it work and get back to Council. Mayor Cannell stated that seven officer and a Chief and 10 hour work days works for Clarion and maybe an option. Christopher Gillette asked to limit adjustments in 2004 and just show overages. It was agreed to discuss this later next year. Greg Lucas stated the pork is the Police in the budget and Public Works crew has been working with the same budget for years with less people while Police have just hired two officers. Jean Davis stated the problem is the college not residents. Mayor Cannell felt the chiefs need to work together and have the university police come off campus and help like Clarion does. Manager McFadden felt that with the PLCM impact study that they would see what they could do. He asked if there would be four attendees at the December 29, 2004 meeting. All members stated they would attend.
Greg Lucas asked about bathhouse bids. Manager McFadden stated that the architect was suppose to get the information to the committee so they could get the bids our in January 2005.
Jean Davis asked about the canoes that were on the canoe rack. Tom Schruers, Public Works Director stated there were two left in the basement waiting for owners. Jean Davis reported that one was her’s. It was discussed having a registration fee for using the racks so they would know who’s using it and who the canoes or Kiak’s belong to.
Mayor Cannell asked how the waste bulk collection went on Saturday. He didn’t think there was enough to pick up and wondered what the extra cost was. He was informed that it was in the contract for extra pickups at no extra charge.
Monthly Reports of Police, Boca Code, Public Works, and Community Development/Project Coordination was available for review.
Communications:
Correspondence from GMSD requesting permission to put a flier in the mailing of the Borough & County Real Estate Tax bills was received and discussed. Question about additional postage because of the flier, and cost of labor stuffing the fliers as well as people becoming confused about the flier and thinking it is the Borough sending it out. Council agreed that it should not be put into the Borough tax mailing.
Mr. Cogan asked if he could put something on the crawl regarding saving lives and digging out fire hydrants. Manager McFadden stated he should e-mail it to the office because we need to put it on our forms for submission to the Cable company.
Mayor Cannell wanted to wish everyone a Merry Christmas since their next meeting wasn’t until December 29th at 1 p.m.
Robert Cogan moved for adjournment, and with no objections, the meeting was adjourned at 7:15 P.M.
ATTEST:
___________________________ _____________________________
Manager E.R. Buck McFadden Mayor H. Robert Cannell
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
DECEMBER 20, 2004
· Payment of bills
· Payment of payroll
· Minutes
· Authorize Solicitor, Engineer Wunz & Rob Kennerknecht to negotiate with DEP
· Resolution 17-2004 –fee schedule.
· Resolution 18-2004 appointing Berkheimer collector for EMST
· Resolution 19-2004 designating E.R. McFadden and Marie Lander as liaisons with Berkheimer regarding EMST
POSTPONED
· Indecency Ordinance 502 – Ordinance Review Committee- Hearing Jan 26th – returned from Solicitor awaiting answer to a couple questions by Solicitor before 2nd reading.
· Delaying Ordinance 514 indefinitely being reviewed by Ordinance Review regarding dumpsters
·
UPCOMING MEETINGS:
· December 29th 1 p.m. Council Meeting
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
December 20, 2004
4:30 P.M. Regular Council Meeting
I. Call to Order of Council Meeting by Mayor Cannell
II. Roll Call: Clifford “Kip” Allen ____, Bob Cogan ____, Jean Davis ____, Christopher Gillette ____, Mary Ann Horne ____, Greg Lucas ________, Mayor H. Robert Cannell _______, Manager McFadden ____, Solicitor Marsh _ _, and Marie Lander, Assistant to the Manager ____.
III. Approval of Minutes
· Regularly Scheduled Meeting, December 6, 2004.
Action: Motion to approve minutes
IV Persons Wishing to Speak regarding Ordinance 519-2004 (EMST)
Persons Wishing to Speak on Proposed 2005 Budget
Persons Requesting Time to Address Council
1. Finance Committee/Pension Committee - Mary Ann Horne
a) Meeting held to discuss budget Dec 9th –
b) Budget workshops December 13 - (workshop December 15th Cancelled)
2. Ordinance Review Committee –Jean Davis
a) Public Indecency Ordinance 502 –
b) Codification – awaiting Admin Section and return from Penns Valley
c) Sign Ordinance
d) Grease Ordinance
e) Dumpster Ordinance 514 – Ordinance postponed for further review by committee
f) Noise Ordinance
3. Personnel Committee – Kip Allen
4. Recreation/Lake/Environment – Kip Allen
5. Public Safety – Chris Gillette
6. Street, Buildings, and Grounds – Chris Gillette
7. Committee of the Whole -
a) Report on December 14 meeting with Washington Twnshp & Authority
b) Joint executive session Municipal Authority & Council 5:30pm Dec. 20th
B. Solicitor's Report:
1. DEP V. Edinboro Commonwealth Court Docket No. 835 M.D. 2003
2. Edinboro v. DEP, EHB Docket 2004-016R - Appeal of the ban letter
Consolidated with Edinboro v. DEP, EHB Docket No. 2004-017-R, Appeal of Undated Assessment
a) Draft of Stipulation rescinding, vacating and revoking Ban at EHB Docket 2004-016R
b) Thoughts concerning most recent CO&A proposal and elements of a counter proposal protective of Edinboro’s interests at CC Docket 835MD2003 and EHB Docket 2004-017R for executive session
3. Bulk WWCT agreement with Washington Township - no report
4. Borough of Edinboro v. City of Erie – no report
5.
C. Manager's Report:
1 A) Manager instructed to:
a) Get changes to Penns Valley by 12/31/04 on recodification
b) Discuss with Tri-County Industries about other days to pickup & dumpster pickup on Lakeside for summers- to process
c) Letter in support of Erie Zoo put on cable station & website– mention we would encourage citizens to support and join the local zoo
d) Contact University Police Chief about studies of parking & traffic as well as class time dismissals. Look into options to alleviate traffic congestion
e) Prepare Ordinance or Resolution to legally form “Design Review Committee”
1 B) Emergency & Municipal Services Tax –Ordinance 519 Advertised for action Dec 29th –
a) Contract to appoint Berkheimer to collect EMS Tax-motion to approve
1 C) 2005 Budget – Advertised for action December 29th
a) Ordinance 520 setting real estate tax rate
1D) Tax & Revenue Anticipation Note Ordinance 521 - $250,000 2.95% - action December 29th
1E) Resolution 17-2004 Fee Schedule: adoption – ROLL CALL VOTE
2. Finance –
a) Authorization to approve bills to be paid December 20, 2004
Action: Motion to approve bills totaling $168,721.35
b) Authorization to approve payroll
Action: Motion to approve payroll ending December 4, 2004, paid December 10, 2004, totaling $ 51,879.23
3. Personnel
4 Public Safety
Emergency Management - notice on program to be held Dec 9th
Emergency Medical Service (EMS)
EVFD
d) Police – Monthly Report
e.) Employee Safety Committee
5. BOCA Code/Planning/Zoning – Monthly Report
6. Public Works – Monthly Report
a) Sanitation
b) Building & Property
c) Streets/Storm Sewers/Signals/Signs
d) Park & Recreation
e) Lake
f) Dam
g) Recycling Leaves
7. Wastewater Collection & Treatment
8. Water System
9. Community Development/Project Coordination – Monthly Report
D. Community Liaisons
1. Public Relations/Cable TV - Bob Cannell
2. Chamber of Commerce – Mary Ann Horne
3. Environmental Shade Tree Advisory Committee – Mary Ann Horne
4. Erie County Borough – Bob Cogan
5. Erie County Planning Liaison – Chris Gillette
6. EVFD Board Liaison – Bob Cogan
7. PLCM Campus Community – Bob Cannell
8. PLCM Local Group – Kip Allen
9. Washington Township Liaison – Jean Davis
10. Authority – Jean Davis
11. Sewer Committee – Jean Davis, Chris Gillette, Bob Cogan
12. EUP Administration – Bob Cannell
13. Watershed Association – Mary Ann Horne
14. Joint Municipal Planning – Chris Gillette
E. OTHER OLD BUSINESS:
A. Request by GMSD to insert flier in real estate tax bill mailing of Borough and County.
B. COAX Rates and services - FYI
.
VII. New Business
VIII.