Home Rule Borough of Edinboro
FFY 2006 COMMUNITY DEVELOPMENT BLOCK GRANT
PUBLIC HEARING
November 21, 2005
Public Hearing was called to order by Mayor H. Robert Cannell at 6:15 p.m.. The following were present: Jean Davis, Greg Lucas, Robert Cogan, H. Robert Cannell, Mary Ann Horne, Marie Lander, Victoria Coffin, T. Jemetz.
Purpose of the Hearing is to receive public input on 2006 CDBG Program.
Victoria Coffin, CDBG Coordinator continued with the reading of the public notice as follows:
PUBLIC NOTICE
BOROUGH OF EDINBORO
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM (FFY 2006)
PRELIMINARY SYNOPSIS
PUBLIC HEARING
The Borough of Edinboro intends to submit an application to the PA Department of Community and Economic Development (DCED) for Community Development Block Grant (CDBG) funds for Federal Fiscal Year (FFY) 2006. At the present time, it is unknown what the Borough's FY 2006 allocation will be, but it is anticipated to be approximately $140,000.
These funds can be used for a variety of purposes within the Borough of Edinboro such as public improvements (water, sewer, streets, recreation, etc.) to arrest the physical and/or environmental decline of the area, rehabilitation of deteriorating housing units, and removal of architectural barriers to the elderly or physically challenged, energy conservation projects, etc. At least 51% of the population benefiting from the project must be of low or moderate income.
The Borough of Edinboro is responsible for replacing all low and moderate income housing units that are demolished or converted. However, the displacement of persons as a result of projects selected will be avoided to the greatest extent possible. A Residential Anti-Displacement and Relocation Policy have been adopted by the Borough of Edinboro for all activities funded under this program.
The Borough of Edinboro will hold two Public Hearings. The first hearing will begin at 6:15 P.M. on Monday, November 21, 2005 at the Edinboro Borough Municipal Building. The purpose of this first hearing is to offer citizens an opportunity to provide input into the development of the Borough of Edinboro's needs. A presentation will be made of the CDBG Program including eligibility requirements, application procedures and criteria that will be applied to final project selection. Interested organizations and individuals will be given the opportunity to offer suggestions for the development of the Borough of Edinboro's CDBG application for FFY 2006 and the Three-Year Community Development Plan (2006-2008). The public will also be offered the opportunity to secure information regarding the use of CDBG allocations of previous years.
Persons with disabilities who wish to attend the Hearing and require an auxiliary aid, service or other accommodations to participate in the proceedings, please contact Taras Jemetz at (814) 734-1812 to discuss how to best accommodate these needs.
The Borough of Edinboro will submit the Application for FFY 2006 to the PA Department of Community and Economic Development for the financial assistance at a date to be determined by said agency. Prior to submission of this Application to DCED and before final action on the Application is taken by the Borough Council, a summary of its contents will be published and a second hearing will be held on February 13, 2006, at 6:45 P.M., at the Edinboro Borough Municipal Building, to review projects and/or activities selected for inclusion in the Borough of Edinboro's FFY 2006 CDBG Application and to afford citizens the opportunity to offer comments and suggestions.
This notice was published one time on Wednesday, November 9, 2005 in the Erie Times.
Victoria Coffin explained that the Building, Streets, & Grounds Committee of Council met October 13, 2005 and presented the following ideas for projects: Pedestrian walkway on Darrow Road $75,000; sidewalk and basketball court at bathhouse $10,000; finish walkway at Lake $50,000. She informed everyone they were awaiting application and would use $140,000 until the actual amount is known.
Section 8 low income is $18,250 and a family of eight is $55,000. The schedule is in her office for those interested. The project must benefit 75% in the area and can be used for emergency needs and not general maintenance. We are 51.7% LMI and to be eligible you must be 51%. Resolution 11-96 regarding residential anti-displacement and relocation assistance plan is in force.
This meeting is to notify citizens of the procedure to apply for funds. She went on to explain that they participate in the minority business enterprises and guide per resolution 10-97 and that an activities guide was in her office.
Ms. Coffin went on to tell the public that a list of prior uses of the CDBG Program Funds was also available for review, if anyone was interested.
Mary Ann Horne asked if any activities in the budget qualify for CDBG funding.
Ms. Coffin explained that it can not be maintenance and that she did not know what was in the budget that could qualify.
Mary Ann Horne asked that Ms. Coffin get together with Assistant to the Manager Lander to see if any activities in the budget qualify for CDBG funding.
Robert Cogan asked what the pedestrian bridge on Darrow Road was. Ms. Coffin stated it was the same as on West Normal Street this year. Manager Jemetz stated that there was not enough money in CDBG to do both bridges because of the high bids so they put the Darrow Road bridge into the 2006 CDBG funding.
Being no further comments, Mayor Cannell adjourned the CDBG Hearing at 6:30 p.m.
ATTEST:
__________________________ _____________________________
Manager T. Jemetz Mayor H. Robert Cannell
AGENDA
BOROUGH OF EDINBORO
FFY 2006 COMMUNITY DEVELOPMENT BLOCK GRANT
PUBLIC HEARING
November 21, 2005
6:15 P.M.
I. Call to Order
II. Purpose of Hearing
A. The 2006 CDBG Program
B. Date of Publication of Notice 11/09/2005
III. Presentation of 2006 CDBG Program
A. Read Public Notice
IV. Prior Use of CDBG Program Funds
A. 1993 Public/Community Facilities and Housing Rehabilitation
B. 1994 Sewer Plant Improvements and Sherrod Hill Water Tank Improvements
C. 1995 Housing Rehabilitation, Removal of Architectural Barriers, Public/Community
Facilities.
D. 1996 Air Stripping Tower
E. 1997 WWTP On-Site Emergency Generators, Public Service (Gov. Access Channel)
F. 1998 Dundon Road Standpipe, Sherrod Hill Telemetry, Public Community Facilities
G. 1999 Public/Community Facilities - (Central Business District)
H. 2000 Public/Community Facilities (Central Business District), Parks and Recreation
Public Bath House, Removal of Architectural Barriers Municipal Building
I. 2001 Phase III, Mill and Short Street Central Business District; Removal of Architectural
Barriers, Municipal Building; Edinboro Lake Dam Spillway Restoration and Parks and Recreation.
J. 2002 Phase III, IV & V Central Business District, Sidewalks over Darrow Road and
E. Normal Street Bridge, Thompson Park and Edinboro Lakeside Trail
K. 2003 Central Business District Phase IV and V and Bathhouse
L. 2004 Public/Community Facilities (Central Business District – Phase V)
M. 2005
V. Question/Answer Period
VI. Project/Program Suggestions
VII. Closing Remarks/Comments
A. Next hearing regarding the 2006 CDBG Program, to be held February 13, 2006
VIII. Adjournment
Home Rule Borough of Edinboro
Joint Planning Commission of Edinboro Borough, Franklin Township and Washington Township, Erie County, PA
PUBLIC HEARING
November 21, 2005
Public Hearing was called to order by Mayor H. Robert Cannell at 6:30 p.m...
The following were present: Tom Graney, Jean Davis, Greg Lucas, Robert Cogan, Christopher Gillette, H. Robert Cannell, Mary Ann Horne, Marie Lander, Victoria Coffin, and T. Jemetz.
Purpose of the Hearing is to receive public comments. Washington Township hearing was November 15th and Franklin Township’s was November 17th and tonight is ours.
Tom Graney of Graney, Grossman, Colosimo & Associates, Inc. was present to conduct the hearing.
Mr. Graney explained that the process started three years ago when the three municipalities agreed to do a joint plan. Washington Township filed the application to DCED for the grant. Mr. Graney showed a power point presentation regarding the process and the needs for the future. The following are some of the items covered in the power point presentation:
Implementation is not until all agreements on land use sharing are completed. We had four public meetings and two where in the Borough in August of 2004. Sixty to eighty people attended and others filled out surveys which were sent to all community residents. The response to the survey was over 1,000 responses which is very good.
The group includes Franklin Township which is considered very rural Township; the Borough which is unique; and Washington Township. The Comprehensive Plan sections are used for controlling growth and zoning and growing greener in the Township. Franklin Township has subdivision regulations only as their law.
The core development areas for the Borough is extend west on 6 N and Route 99 North. Land use policies and agriculture protection are considered.
Future land use plan and map are included. Existing zoning the for Borough stays and new for 6N and interchange for Washington Township while Franklin has the KOZ Industrial Growth area which only runs for five years and doesn’t have water or sewer yet in this area.
The section on housing and multi municipal land use agreement will not help the Borough but will benefit Franklin Township.
Code enforcement is standard property maintenance code use of mutual aid for enforcement is considered.
For spot housing rehab we did not do a study. It has been suggested to have exploratory meeting for a senior housing complex. Usually these complexes are run by hospitals and churches.
We also have shuttle buses and bike ways but it is recommended to have a bikeway study since 6N is too busy with traffic for bikes. Special corridor studies also recommend highway network of 99 & Old State which shows the most accidents and second is on 6N. The study should be for Route 99 from Kinter Hill to northern Washington Township line into McKean. Graney explained that this information maybe on the County traffic study. Also Dundon Road to the interchange should be studied. Penn Dot has rated 6N at high volume of 17,000 vehicles per day.
Parks and Recreation are found that Edinboro had 13 parks; Washington Township 8 parks; and Franklin Township had none. A recreational analysis plan involving more people plus the school district is recommended. If a pool is in the recreational area it should be a year round pool and not a 3 month pool.
Local library study should be for cost and operational costs not just building costs.
Historically people are not interested in survey and do not give input, but the Borough should check on the national register; tax credit program; and Historical District Act 1961.
Economic development was not studies since the Erie Chamber has taken over this area and should do this. Downtown needs continued support with the increase of development at 6N and I79. The potential partnering with EUP is important.
Again Mr. Graney thanked everyone for coming and gave one copy and a pdf copy to Zoning Administrator Dave Zamierowski.
He stated that DCED recommended looking at grant programs for zoning update and subdivision and compliance.
Robert Cogan asked if this document was fixed or could have additions and comments. Mr. Graney stated that it was relatively fixed and subject changes should wait until all adopted and then amended.
Christopher Gillette stated it is straight forward. It is a good plan and depending on Township zoning and 6N and Fry Road. Land use plan gives classification to areas and gives communities flexibility.
Jean Davis about the process “Penn Dot” and Erie County Economic Planning for transportation plan for 6N.
Robert Cogan commented that the Borough’s plan in 1997 had the best ever written language. It contained information regarding downtown viability and the community development objectives. He went on to question page 37 regarding the Lake. Also ordinances on buffer strips when we need to preserve Lake from spraying and dredging. Mr. Graney stated that they had a presentation form Allegheny College regarding the Lake. The most nutrient dump is from the Washington Township Sewer Plant on Whipple Run. The buffer strips is for weed reduction.
Robert Cogan asked about the recreation analysis and recreation fee for new dwelling units. Mr. Graney explained that the recreation committee can charge a reasonable fee which is put into the subdivision ordinance which is used in Pittsburgh. He had heard $200 to $400 per dwelling unit being charged as a reasonable fee. These funds would be kept in a recreation fund where they would be used for recreation only in designated areas.
Being no further comments, Mayor Cannell adjourned the JMPC Hearing at 7:00 p.m.
ATTEST:
__________________________ _____________________________
Manager T. Jemetz Mayor H. Robert Cannell
HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
November 21, 2005
Call to Order:
The following Council members were present: Jean Davis, Robert Cogan, Mayor H. Robert Cannell, Christopher Gillette, Greg Lucas, and Mary Ann Horne. Member absent was Clifford Allen. Also in attendance was T. Jemetz, Manager; Dave Zamierowski, Zoning Administrator; and Marie Lander, Assistant to the Manager. Guests included Tom Graney, John Gurrur, Katie Wooliscroft, Steve O’Neil, Beth McLaughlin, Don Dilmore, Mike Pennock, Nancy Crawford, Mikie Zahorchak, Kate Zahorchak, Mark Torrell, George Shimpeno, and Ryan Smith, Meadville Tribune.
Mayor H. Robert Cannell introduced the minutes from the regular Council meeting held November 7, 2005. Robert Cogan moved for approval of the minutes. Jean Davis seconded, and the minutes were approved by a voice vote of 6-0.
Don Dilmore, 105 S. Skytop Road: He understood that the double negative was corrected on Ordinance 526 changing rubbish to be out 12 hours prior to pickup and not 24 hours. He stated that it was dark and snow and ice maybe hazardous and people may get hurt taking out their trash. He wanted to know why and if they could change it to 18 hours.
Mike Onda, 102 Conneautee. He understood the garbage contract was awarded to some one different and wondered if they would honor the same large item pickups. Also he commented that the house moved to 401 Lakeside Drive that is suppose to be a garage is not a garage but a cottage and he thought it exceeded the 80% rule for dwellings on property. Dave Zamierowski, Zoning Officer reported that it would be a garage and that the owner signed papers to that fact. We will take legal action if it used a rental. The owner is slow at what he does but he is planning on working on Harley’s in his garage. 50% of his property is allowed or 4000sq ft when he is only 1,200 sq ft with buildings. We are keeping an eye on this.
Katie Zahorchak, 601 Lakeside Drive. First there were wheels on his shed (10 x 9), now it is on a pad. Mr. Zamierowski explained that you are allowed an utility shed on this property.
Greg Lucas stated he went down and measured and the buildings and they are 6’ from the middle of the road and Lakeside is only a 40’ road. He lost the variance and can not add to his house or make house bigger so this additional cannot be a habitable room. It is not attached and more discussion followed regarding Lakeside Drive.
Nancy Crawford, 202 Elm Street: Don’t we have an ordinance that addresses all stuff around a place being dangerous to public, damage to building, and property maintenance as well as parking in front yards or blocking hydrants? Jean Davis stated that nothing was in his front yard. Dave Zamierowski stated that 40’ from front yard is allowed for recreational vehicles. Mary Ann Horne asked about disabled cars.
Jean Davis stated that she also got a letter about garbage being out early when she had told her husband not to put it out and he did. It isn’t a big issue on back roads but is on the main streets. Monday pickup areas are out all weekend and many complaints have been received regarding this. The law is the same for everyone and we need to comply. It was noted by Don Dilmore of 105 S. Skytop that a 84 year old grandmother has it put rubbish out in the evening why can’t it be 18 hours or just certain areas? Mayor stated have it out after 4-5 p.m. and that he would have the committee look at this. With only 81 out of 1500 sent letters it sounds like the remainder were doing it correctly.
Nancy Crawford, 202 Elm Street. How are you going to handle Lakeside in the summer. Manager Jemetz stated that they are considering a dumpster. Ms. Crawford stated they are Saturday to Saturday renters and landlords need to be notified. Manager Jemetz stated that it was the duty of landlords since the Council passed this Ordinance and it has been put on the cable station and those in violation have been send letters. The intent was not to have it out before 6 p.m..
Being no further public participation the Mayor moved on to old business.
Committee Reports:
Finance Committee:
Mary Ann Horne reported that they met today to review invoices and purchase orders with Assistant to the Manager Lander and Manager Jemetz and saw no bills out of the ordinary. They had not heard from COAX yet regarding the franchise agreement and would like to request that Manager Jemetz contact Attorney Cohen and set up negotiations with Coax.
Budget workshop needs to be scheduled and advertised. Council agreed on December 14th at 6:30 p.m. for the workshop. Robert Cogan added that maybe we could have a hire freeze in the Borough on non key personnel to help with budget cuts.
Non Uniformed still not back to Manger and the committee feels the contract will not be retroactive since we have been requesting their proposal for over 3 months.
Health Care insurance bids in and Highmark is lower for the group and will be an issue with non uniform negotiations. We are keeping options open at this time for negotiations.
Ordinance Review Committee:
Jean Davis reported that the sign ordinance is being dropped because it is part of the Zoning Ordinance and harder to change and would be extensive with first going to our Planning Commission, then Erie County Planning, then a hearing, and then to a vote.
It was agreed to wait to when they where changing the Zoning Ordinance to take care of the sign ordinance. It was recommended in the Joint Municipal Plan to get a grant and work on the Zoning Ordinance, which maybe a possibility.
Robert Cogan asked the Solicitor Marsh about fines and if the ordinance part can be modified. Attorney Marsh stated that the Council establishes in Ordinance the maximum and it is at the discretion of the Judge on what the person pays and it can change if Council wishes to increase it. Dave Zamierowski stated that in the codification we set a standard and it is a tool if you keep coming back often than the judge will use the higher amounts. Jean Davis stated that every offense is in the codification book. Jean Davis moved to accept the first reading of the Ordinance 528:
CHAPTER 15 Part 2 Section 219
AN ORDINANCE OF THE HOME RULE BOROUGH OF EDINBORO
AMENDING ORDINANCE # 524 ENTITLED
“ORDINANCE PROHIBITING EXCESSIVE NOISE OR DISPLAY BY MOTOR VEHICLES.”
NOW, THEREFORE, BE IT ORDAINED by Borough of Edinboro Borough Council assembled this day of 2005.
Section 219
(1) No person shall make excessive or unreasonable noise with a motor vehicle by squealing tires or by excessive or rapid acceleration of the vehicle on any public or private way within the Home Rule Borough of Edinboro. Prima facie evidence of excessive or unreasonable noise shall be an unreasonable squealing or screeching sound emitted by the tires or throwing of sand or gravel by the tires of said vehicle, or both. Prima facie evidence of excessive or rapid acceleration of the motor vehicle shall also be fishtailing, power turns, power slides and the like. This section shall not apply to farm machinery or vehicles participating in bona fide events.
(2) No Engine Braking in Designated Areas.
(a) No person shall use an engine braking system within the designated areas: ( 6N at Darrows Creek east to Angling Road west ) and (Raspberry Lane north to Darrow Road south ) within the Home Rule Borough of Edinboro, which is in any way activated or operated by the compression of the engine of any such motor vehicle or any such unit or part thereof, except in cases of emergency or necessary for the protection of persons and/or property. Such braking system is commonly referred to as compression braking or a “jake brake.”
(b) This section shall not apply to vehicles of any municipal fire department, whether or not responding to an emergency.
(2) It is unlawful for any person operating or occupying a motor vehicle on any street or highway to operate or amplify the sound produced by a radio or other mechanical sound making device from within the motor vehicle so that the sound is plainly audible at a distance of 25 feet or so that vibrations from the sound can be felt inside another vehicle or structure at a distance of 25 feet.
(3) It is unlawful for any person operating a motor vehicle to accelerate the engine of said vehicle at a rate of speed unnecessary for safety and to a point at which the sound from the acceleration is plainly audible at a distance of 25 feet.
AN ORDINANCE OF THE HOME RULE BOROUGH OF EDINBORO ENTITLED
“ORDINANCE PROHIBITING EXCESSIVE NOISE OR DISPLAY BY MOTOR VEHICLES
(5) The provisions of this law shall not apply to motor vehicles used for political activity
which in the normal course of activity use sound making devices. Nothing in this law is intended to prevent the Borough of Edinboro from exercising its police power by enacting reasonable time, place and manner restrictions upon such use.
(6) The provisions of this law shall not apply to any law enforcement or emergency motor vehicle equipped with any communication device necessary in the performace of law enforcement or emergency duties.
(6): PENALTIES
Any person violating any provision of this Ordinance shall, upon conviction thereof before a District Justice, be guilty of a summary offense and be subject to pay a fine not to exceed One Thousand Dollars ($1,000.00) and in default of such payment be subject to imprisonment for a period not to exceed ninety (90) days.
Mary Ann Horne seconded the motion and it passed by 6-0 voice vote.
Streets, Buildings & Grounds:
Greg Lucas reported that Normal Street bridge walkway was progressing. Manager Jemetz reported that there was a design issue and that he had sent a letter to the design engineer.
Solicitor Marsh reported he heard from World Resources Attorney and he explained our process and procedures and decision. Also he stated he signed a copy of the motion DEP sent the Manager Jemetz.
Robert Cogan asked the Solicitor his legal advice on fund raising. First in Denver the city police file $100 mandatory drug surcharges and wondered if any surcharges by municipalities were allowed. Could the municipalities have a surcharge on drug and alcohol arrests? Second in the city of Erie they have an accident fee. If they respond to an auto accident they charge the insurance company a charge, is this allowed? Third can an ordinance use streets for assemblages (codification 15-077) says it is “unlawful with out permit issued without fee.” Can we charge a fee? If it legal how big a fee can we charge?
Solicitor marsh stated that normally fees not revenue making. Cost of expense is the cost of the fee. Revenue is neutral and usually around $50. Surcharges, Solicitor Marsh stated he never heard before but my initial thought it is not permitted. State can set penalties not municipalities. An accident fee for example a false alarm can be put if after two they charge a fee but not revenue generating. So the rule of thumb is revenue neutral.
Manager:
Manager Jemetz report was in the packets for Council’s review and comments. Manager Jemetz highlighted his report. The Borough had a safety walk through by Penn Prime on November 15th and a formal report is forthcoming. Dr. Pogue was briefed on impacts of EUP regarding snow removal and police services and it will be present to Finance tomorrow at Town & Gown meeting. Budget is big item and it impacts the university and it will be on the Town & Gown agenda.
Regarding the questionnaire on the pool we have 40% for and 60% not in favor of paying additional tax if Recreation Authority.
Curt Bowser the Union representative has not responded to calls. Manager stated he explained the situation with Victoria Coffin that they needed to negotiate. It is planned to adopt the budget December 19th.
Mayor Cannell introduced the bills for payment. Mary Ann Horne moved for approval of the submitted bills totaling $46,437.54. Jean Davis seconded. The motion passed by 6-0 voice vote.
Mary Ann Horne moved, and Jean Davis seconded to approve the payroll ending November 5, 2005 paid November 10, 2005 totaling $52,812.14. Motion passed by 6-0 voice vote.
The EMS tax Ordinance 525 for 2006 was introduced for the final reading. Mayor Cannell asked if there was any residents present who which to comment on the EMS tax, being none he asked for a motion to adopt the EMS tax for 2006. Jean Davis moved to accept ordinance 525 as follows:
EMERGENCY AND MUNICIPAL SERVICE TAX
HOME RULE BOROUGH OF EDINBORO,
ERIE COUNTY, PENNSYLVANIA
ORDINANCE NO. 525 - 2005
AN ORDINANCE PROVIDING FOR THE LEVY, ASSESSMENT AND COLLECTION OF AN EMERGENCY AND MUNICIPAL SERVICE TAX, PROVIDING REVENUE FOR SPECIFIC PROJECTS PERMITTED UNDER THE ACT; AN ORDINANCE AGAINST EACH INDIVIDUAL ENGAGED IN ANY OCCUPATION, TRADE, OR PROFESSION IN THE BOROUGH OF EDINBORO, PROVIDING FOR THE COLLECTION OF SAID TAX; PROVIDING FOR THE EXEMPTION FROM SAID TAX; PROVIDING PENALTIES FOR THE NON-PAYMENT AND DELINQUENT PAYMENT OF SAID TAX; AND PROVIDING A CERTIFIED COPY OF SAID ORDINANCE BE FILED WITH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE COMMONWEALTH OF PENNSYLVANIA.
The Borough of Edinboro hereby ordains and the Borough Council of the Home Rule Borough of Edinboro, Erie County, Pennsylvania, hereby enacts and ordains the following ordinance:
SECTION 1-SHORT TITLE. This Ordinance shall be known and may be cited as the “Emergency and Municipal Service Tax.”
SECTION 2-AUTHORITY OF ENACTMENT. This Ordinance is enacted under the authority of the Local Tax Enabling Act, 53 P.S. §6901, et seq., and Pennsylvania House Bill 197 of 2004, as hereinafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
SECTION 3-DEFINITIONS. The following words and phrases, when used in this Ordinance, shall have the meaning ascribed to them in this section, except where the context or language clearly indicates or requires a different meaning:
A. “Individual” - shall mean any person, male or female, engaged in any occupation, trade or profession within the corporate limits of the Borough of Edinboro;
B. “Occupation” - shall mean or include any trade, profession, business, or undertaking of any type, kind or character, including services, domestic or otherwise, carried on or performed within the corporate limits of the Borough of Edinboro for which compensation is charged and/or received, whether by means of salary, wages, commissions or fees for services rendered;
C. “Employer” - shall mean any individual, partnership, association, corporation, governmental body, agency, or other entity employing one or more persons on a salary, wage, commission or other compensation basis, including a self-employed person;
D. “Tax” - shall mean the Emergency and Municipal Service Tax in the amount of Fifty-two Dollars ($52.00) per annum levied by this Ordinance;
E. “Tax Collector” - shall mean the Borough Manager of the Home Rule Borough of Edinboro and/or his/her designated assigns and/or agents;
F. “Taxpayer” - shall mean any individual liable for the tax levied by this Ordinance;
G. “Fiscal Year” - shall mean the period beginning January 1 and ending December 31. The first fiscal year for this Ordinance shall be the period beginning January 1, 2006, and ending December 31, 2006;
H. “Borough of Edinboro” - shall mean the area within the corporate limits of the Borough of Edinboro;
I. “He,” “his” or “him” - shall mean and indicate the singular and plural number, as well as male, female and/or neuter gender.
SECTION 4 - IMPOSITION OF TAX. A tax to be utilized for police, fire and emergency service, road construction and/or maintenance, and/or reduction of property taxes in the amount of Fifty-two Dollars ($52.00) per annum is hereby imposed upon the privilege of engaging in an occupation within the Borough of Edinboro in the fiscal year 2006 and in each following calendar year. Each person who exercises such a privilege for any length of time during the year shall pay a tax in the amount of Fifty-two Dollars ($52.00) in accordance with the provisions of the Ordinance. This tax is in addition to all other taxes of any kind or nature heretofore levied by the Borough of Edinboro.
A. Each employer shall register with the Tax Collector the employer’s name, address and other information the Tax Collector may require within fifteen (15) days after the effective date of this Ordinance or within fifteen (15) days after first becoming an employer.
B. For each taxpayer employed for any length of time after the effective date of this Ordinance, and on or before March 31 of the current tax year, each employer shall deduct the tax from compensation payable to the taxpayer, file a return on a form prescribed by the tax collector, and pay to said tax collector the full amount of taxes deducted on or before April 30 of the current tax year. For each taxpayer for whom no prior deduction has been made, who is employed after the effective date of this Ordinance, and in any of the three (3) month periods ending June 30, September 30 and December 31 of the current tax year, each employer shall deduct the tax from compensation payable to the taxpayer, file a return on a form prescribed by the tax collector, and pay said collector the full amount of all tax deducted on or before July 31 or October 31 of the current tax year, or January 31 of the following year, respectively.
C. Any employer who discontinues business or ceases operation before December 31 of any year during which this tax is in effect shall file the return hereinabove required and pay the tax to the Tax Collector, within fifteen (15) days after discontinuing business or ceasing operations. The failure of an employer to deduct the tax shall not relieve the employee from the duty to file a return and pay the tax. Any employer who fails to deduct the tax as required by this section, or who fails to pay such tax to the Tax Collector, shall be liable for such tax in full, as though the tax had originally been levied against such employer.
D. As to employees who present official receipts evidencing prior full payment of the tax imposed hereby, either directly or by collection through employers, the employer shall not deduct the tax but shall maintain adequate records concerning such employees.
SECTION 5 - DIRECT PAYMENT BY TAXPAYERS. Each taxpayer who is self-employed or whose tax for any reason is not collected under Section 4 of this Ordinance, shall file a return on the form prescribed by the Tax Collector and shall pay the tax directly to said Tax Collector. Each such taxpayer who first becomes subject to the tax after the effective date of this Ordinance and on
or before March 31 of the current tax year, shall file the return and pay the tax on or before April 30 of the current tax year, and each such taxpayer who first becomes subject to the tax after March 31 of the current tax year, shall file the return and pay the tax on or before July 31 or October 31 of the current tax year, or January 31 of the following year, whichever of such payment dates first occurs at least thirty (30) days after the taxpayer becomes subject to the tax.
SECTION 6 - NON-RESIDENT TAXPAYERS. Both resident and non-resident taxpayers by virtue of engaging in an occupation within the Borough of Edinboro, shall be subject to the tax and the provisions of this Ordinance.
SECTION 7 - EXEMPTION. Any individual with gross earned income of less than One Thousand Dollars ($1,000.00) shall be exempt from the payment of this Emergency and Municipal Service Tax. If the exemption of those with less than One Thousand Dollars ($1,000.00) earned income shall be held unconstitutional, then it is the intent of Borough Council and this Ordinance that the same shall be adopted without said exemption.
SECTION 8 - ADMINISTRATION AND ENFORCEMENT OF TAX. The Tax Collector shall collect and receive the taxes, interest, fines and penalties imposed by this Ordinance, and shall
maintain records showing the amounts received and the dates such amounts were received. The Tax Collector shall prescribe and issue all forms necessary for the administration of the tax and may adopt and enforce regulations relating to any matter pertaining to the administration of this Ordinance. The Tax Collector and agents designated by him may examine the records of any employer and/or supposed employer or of any taxpayer in order to ascertain a tax due or verify the accuracy of any return. Every employer or supposed employer and every taxpayer or supposed taxpayer shall give the Tax Collector and any agent designated by him all means, facilities, and opportunity for the examinations hereby authorized.
SECTION 9 - COLLECTION. The Tax Collector shall collect, by suit or otherwise, all taxes, interest, costs, fines and penalties due under this Ordinance and unpaid. If, for any reason, any tax is not paid when due, interest at the rate of six percent (6%) per year on the amount of the unpaid taxes and an additional penalty of one-half of one percent (1/2 of 1%) of the amount of the unpaid tax, for each month or fraction of month during which the tax remains unpaid shall be added and collected. Whenever suit is brought for the recovery of unpaid tax, the taxpayer shall, in addition, be liable for the costs of collection, as well as for interest and penalties. The Tax Collector may accept payment under protest of the tax claimed by the Borough of Edinboro in any case where any person disputes the Borough of Edinboro’s claim for the tax. If a court of competent jurisdiction thereafter decides that there has been overpayment to the Tax Collector, the Tax Collector shall refund the amount of the overpayment to the person who paid under protest. Any action instituted for such judicial determination shall be instituted within two (2) years of the last day of the period for which the tax is disputed or claim made. All refunds shall be made in conformity with the procedures prescribed by the Borough of Edinboro.
SECTION 10 - PENALTIES. An employer or taxpayer who makes a false or untrue statement on any return required by this Ordinance, who refuses inspection of his records in his custody and control, setting forth his employees subject to this tax, who fails or refuses to file a return required by this Ordinance, or who violates any other provision of this Ordinance, shall, upon conviction thereof, be sentenced to pay a fine of not more than Five Hundred Dollars ($500.00) per occurrence and cost and in default of payment, shall be sentenced to imprisonment not to exceed thirty (30) days.
SECTION 11 - ADMINISTRATION BY BOROUGH.
A. It shall be the duty of the Tax Collector to accept and receive payment of this tax and to keep a record thereof showing the amount received by him from each employer or self-employed person, together with the date the tax was received.
B. The Tax Collector is hereby charged with the administration and enforcement of this Ordinance. The collection of delinquent Emergency and Municipal Service Taxes may be made and enforced in the manner provided by law for the collection and enforcement of other taxes, as well as from the employer of the taxpayer, as provided in Sections 18, 19, 20 and 21 of the Local Tax Enabling Act, as amended, which sections are incorporated by reference.
SECTION 12 - AUTHORITY. This tax is levied under the authority of the Tax Enabling Act, 53 P.S. § 6901, et seq., and Pennsylvania House Bill 197 of 2004.
SECTION 13 - VALIDITY. The provisions of this Ordinance are severable and if any of its provisions shall be held invalid or unconstitutional, the decision of the Court shall not affect or invalidate any of the remaining provisions. It is hereby declared to be the legislative intent that this Ordinance would have been adopted if such illegal, invalid or unconstitutional provision had not been included herein.
SECTION 14 - DURATION. The tax imposed by this Ordinance shall continue in force on a calendar year basis without annual reenactment.
SECTION 15 - EFFECTIVE DATE. This Ordinance shall be effective immediately following the carrying out of publication or recording as required by law.
ENACTED INTO ORDINANCE this 21 day of November, 2005.
Robert Cogan seconded the motion and it passed by 6-0 roll call vote: Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, yes; Mary Ann Horne, yes; Gregory Lucas, yes; Clifford Allen, absent; and H. Robert Cannell, yes.
Code Enforcement/Planning/Zoning:
Report was available for review. Mary Ann Horne moved to approve mylars for 125 Chestnut tax ID 11-14-41-5 as presented by Zoning Officer Dave Zamierowski. Jean Davis seconded the motion and the motion passed by 5-0-1 with Robert Cogan abstaining for lack of his review of the mylars.
Dave Zamierowski explained that he toured the town on Sunday a week ago and 81 out of 1500 residents had rubbish out around 3 p.m. He sent letters to inform them of the new ordinance and he received over thirty-nine calls this week taking 10 to 20 minutes to discuss. There were 25-30 on Lakeside which was mostly kids. Manager Jemetz stated they were weighing the situation and that empty trash cans were out a week at a student rental.
Public Works: Monthly report was available for review.
Community Liaisons:
Washington Township Liaison:
Jean Davis reported that at Washington Township’s meeting they discussed the Recreation Authority and Peer-to-Peer workshop but took no action.
Other Old Business:
Vacancy for alternate on Zoning Hearing Board has had no application to date.
There was nothing new to report on Cable TV Franchise Renewal or Non Uniformed Negotiations.
Communications:
Being no communications, Mayor Cannell moved on to new business.
New Business:
Robert Cogan informed Council that on December 20th at 10:30 a.m. he had scheduled a meeting with Jane Earll which Jean Davis, his wife Ruth, and Manager Jemetz would also be attending. The meeting would be to discuss HB1418 funds for small boroughs; the generator; and independent libraries.
Jean Davis moved to adopt Resolution 16-2005 as follows:
Borough of Edinboro
Erie County, Pennsylvania
Resolution #16-2005
A RESOLUTION OF THE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA MODIFYING CHAPTER 42, OF THE BOROUGH OF EDINBORO CODE OF ORDINANCES, ANNUAL FEE SCHEDULE
WHEREAS, the Council of the 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 is resolved and enacted by the Council for the Borough of Edinboro, in meeting assembled, and it is hereby resolved and enacted by the and with the authority of the same as follows:
SECTION 1.
REFUSE/RECYLING FEE $16.25 per month
TO TAKE EFFECT January 1, 2006;
SECTION 1.
POLICE DEPARTMENT FINES:
Parking Violations $15.00 if paid within 48 hours (72 hours over weekends).
Parking Violations $20.00 if paid after 48 hours until citation is issued.
TO TAKE EFFECT December 1, 2005;
BE IT RESOLVED AND ENACTED THIS 21st DAY OF November 2005
Mary Ann Horne seconded and it passed by the following roll call vote: Gregory Lucas, yes; Clifford Allen, absent; H. Robert Cannell, yes; Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, yes; Mary Ann Horne, yes. Motion passed by 6-0 vote.
Christopher Gillette moved for adjournment, and the meeting was adjourned at 8:13 P.M.
ATTEST:
_______________________________ _________________________________
Borough Manager T. Jemetz Mayor H. Robert Cannell
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
November 21, 2005
· Payment of bills
· Minutes
· Payroll
· FINAL reading EMS Tax Renewal
· 16-2005 Resolution – Set refuse/recycling fee $16.25 & Parking Violations $15 starting Dec 1st.
POSTPONED
· Ordinance Review to review final Codification for adoption
· Cable TV Franchise extension of current contract until 12/31/05
· Draft proposed disaster resolution by Mr. Cogan – for comment purposes only to Mr. Cogan
UPCOMING MEETINGS:
· Budget Workshops 11/9, 11/14, 11/16 6:30 p.m.
· Next Council meeting November 21st
· CDBG Hearing November 21st 6:15 p.m.
· JMP Hearing November 21st 6:30 p.m.
· Authority Meeting November 14th 5 p.m.
· Ordinance Review Meeting Nov 16th 9 a.m.
· Pension Meeting Dec 7th 11 a.m. Asay; noon Merrill Lynch
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
November 21, 2005
6:15 p.m. CDBG Hearing
6:30 p.m. JMP Hearing
7:00 P.M. Regular Meeting
I. Call to Order of the Regular 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 Taras Jemetz ___, Solicitor Marsh ___, and Marie Lander, Assistant to the Manager____.
III. Approval of Minutes
· Regularly Scheduled Meeting, November 17, 2005
Action: Motion to approve minutes
IV Public Participation
A.
1. Finance Committee/Pension Committee/ Negotiation Committee - Mary Ann Horne
a) Committee met today 4:00 p.m.:
b) Budget Workshops held – Reviewed budget to be advertised
2. Ordinance Review Committee –Jean Davis- Met Nov 16th 9 a.m.
a) Codification – General Code (Penns Valley)-being proofed D.Z.
b) Grease Ordinance (to be introduced in March 2006)
c) Commercial district
d) Noise Ordinance – Ordinance 527 --Approve for advertising
3. Personnel Committee – Kip Allen -
4. Recreation/Lake/Environment – Kip Allen
5. Public Safety – Chris Gillette
6. Street, Buildings, and Grounds – Greg Lucas
7. Committee of the Whole
B. Solicitor's Report:
1. Culbertson Pool – nothing to report
C. Management's Report:
1. Manager Jemetz Report
a) Town Gown – Next meeting Nov 22nd (1p.m.)
b)
2. Finance – Met 4 p.m. Nov. 21st.
a) Authorization to approve bills to be paid November 21, 2005
Action: Motion to approve November 21, 2005 bills totaling $ ;
b) Authorization to approve payroll
Action: Motion to approve payroll ending November 5, 2005, paid November 10, 2005, totaling $ 52,812.14
c) Ordinance 525 - EMS tax for 2006 – FINAL reading – TAKE RESIDENT INPUT---ADOPTION
3. Personnel
4 Public Safety
Emergency Management
Emergency Medical Service (EMS)
EVFD
d) Police
e.) Employee Safety Committee
5. Code Enforcement/Planning/Zoning
6. Public Works
a) Sanitation
b) Building & Property
c) Streets/Storm Sewers/Signals/Signs
d) Park & Recreation
e) Lake
f) Dam
g) Recycling Leaves - Machine is out daily
7. Wastewater Collection & Treatment
8. Water System
9. Community Development/Project Coordination
a) Hearing Nov 21st 6:15 p.m. to inform public of starting grant process
b) Hearing February 13, 2006 6:45 p.m. to inform Public of CDBG items
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 –- FYI
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. EUP Administration – Bob Cannell
12. Watershed Association – Mary Ann Horne
13. Joint Municipal Planning – Chris Gillette
E. OTHER OLD BUSINESS:
1. Draft resolution by Robert Cogan 10/8/05
2. vacancy – alternate Zoning Hearing Board - advertised
4. Cable TV Franchise Renewal – Sent to COAX Oct 2005
5. Non Uniformed Negotiations - pending
A.
B.
A. Fee Schedule for Parking Tickets & Refuse/Recycling – 16-2005 ACTION:
VIII.