HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
December 5, 2005
Call to Order:
The following Council members were present: Jean Davis, Robert Cogan, Mayor H. Robert Cannell, Clifford Allen, Greg Lucas, and Mary Ann Horne. Member absent was Christopher Gillett. Also in attendance was T. Jemetz, Manager; and Marie Lander, Assistant to the Manager. Guests included Bob Healy, Steve O’Neill; Dr. Travis; Nancy Crawford; and Jon Foulkrod, Washington Township.
Mayor H. Robert Cannell introduced the minutes from the regular Council meeting held November 21, 2005. Mary Ann Horne moved for approval of the minutes. Jean Davis seconded, and the minutes were approved by a voice vote of 5-0-1 with Clifford Allen abstaining since he was absent at the November 21st meeting.
Being no public participation the Mayor moved on to old business.
Committee Reports:
Finance Committee:
Mary Ann Horne reported that they met without Ms Lander because of another meeting going on. They had no problems with the bills. Budget workshop is scheduled for Dec 14th at 6:30 p.m. and Pension meeting is scheduled for December 7th at noon. Mr. Cogan noted that the budget was extremely out of balance and needed revenues. He said he was sounding an alarm bell to our employees. The employees need to come forward with cuts in programs or the Council may need to consider laying off one or more employees. Jean Davis stated that we need a tax increase or will need to lay off employees. The budget is about $300,000 out of balance and we need to look further. Robert Cogan stated that we need to cut programs and purchases. Mayor Cannell stated that they would have more information at the December 14th workshop. Jon Foulkrod of Washington Township stated that you need to advertise tax increase before you can vote on it, at the December 19th meeting. He was informed that it was advertised for 4.18 mills.
Ordinance Review Committee:
Jean Davis reported that they did not meet. Robert Cogan stated he would like to reconsider the garbage ordinance 526 to change the time to have out at curb. He felt that it would not be a problem to put advertisement in the Gazette. Clifford Allen asked how do you know it isn’t important enough to be in the Meadville Tribune. Mr. Cogan stated this was so because there was no fine for violation, just a warning letter. Jean Davis stated that the Ordinance review committee would look at Mr. Cogan’s request for changes.
Jean Davis moved to accept the second 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.
Robert Cogan seconded the motion and it passed by 6-0 roll call vote: Clifford Allen, yes; H. Robert Cannell, yes; Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, absent; Mary Ann Horne, yes; and Gregory Lucas, yes.
Streets, Buildings & Grounds:
Greg Lucas reported that Normal Street bridge walkway was at engineers. Mr. Lucas stated he walked through the Food Pantry and it was cleaned up somewhat but still had clothes and problem with parking. He asked Jon Foulkrod since Washington Township big building was being built, maybe they would have some space?
Information regarding additional sources of revenue as requested by Mr. Cogan last meeting was in the packets for consideration.
Manager Jemetz noted that the Cable Franchise negotiations would take place on December 8th at 10 a.m. with Finance and Attorney Cohen and himself.
Manager:
Manager Jemetz report Town Gown meeting was held November 22nd. Focus was on the Borough’s budget and possible staff cuts, early retirements, union non uniformed negotiations, and McDonald Borough fees to be considered, Coax counter proposal was received. Clifford Allen stated that we needed to make sure were qualified for reimbursement in the ordinances like McDonald Borough.
Mayor Cannell introduced the bills for payment. Mary Ann Horne moved for approval of the submitted bills totaling $31,483.60. Robert Cogan seconded. Mayor Cannel noted that approval was in for the second time for Star Tree, YMCA, and Times Publishing. Robert Cogan moved to amend the payables by these items and Jean Davis seconded. The deleting motion passed by 6-0 voice vote. The motion to pay the bills passed by 6-0 voice vote.
Mary Ann Horne moved, and Jean Davis seconded to approve the payroll ending November 19, 2005 paid November 23, 2005 totaling $51,028.51. Mayor Cannell asked why the payroll was $20,000 different last year than this year? It was agreed to look into this question. Motion passed by 6-0 voice vote.
Police Reports:
Report was available for October for review.
Community Liaisons:
EVFD:
Robert Cogan reported that he missed last nights meeting so there was no report.
Washington Township Liaison:
Jean Davis reported there was no report and that Mayor Cannell agreed to attend tomorrow night for her.
EUP Administration:
Mr. Cogan noted that the letter to Senator Earll was not prepared yet by President Pogue’s office. He also spoke to the union at the university and the President of the faculty union will write a letter of support also for the grant for the generator. We received a DCED confirmation letter that our grant application was in time for review.
Greg Lucas asked if Manager Jemetz met Dr. Pogue. Mr. Jemetz stated he went over the impact of EUP on the Borough and he was sympathetic but would have his finance person Jim Sheehan talk with us at Town & Gown meeting. Jim Sheehan was non committal but said it was possible their campus police could patrol adjacent areas but nothing solid. PA Economy League also was sent Manager Jemetz’s briefing to use in their study. Greg Lucas asked if we were reimbursed for Home Coming. No check has been received yet but Dr. Pogue agreed to payment. Mr. Lucas stated if we get no check it will have to be a parade on campus in the future. Discussion on adoption of an ordinance, with a fee for road closing for parades in which a fee would be collected in advance for our costs. We could capture expenses of patrolmen, public works signage and street cleaning before and after. We do an extensive effort to make the Borough look nice for the parade.
Senior Citizens:
Robert Cogan reported that he was attending the meeting of Senior Citizens as well as Jean Davis and Council should maintain liaison with this group.
Other Old Business:
Vacancy for alternate on Zoning Hearing Board has had no application to date.
Non Uniformed Negotiations starting and Health Care meeting Dec 5th at 2 p.m.
Communications:
Being no communications, Mayor Cannell moved on to new business.
New Business:
Clifford Allen asked that a letter from Council be sent to General McLane Football team for a successful season and for the way they represented Edinboro. Citizens and Borough are very proud they are from the Edinboro Area. Clifford Allen agreed to write the letter and Mayor Cannell would sign and copies would be in the next packet.
Clifford Allen moved to make a few changes to the agenda. We would move to accept the agenda at the beginning of the meeting and stay to it. Amendments could be added next. Public comment could occur at the end of the meeting. Comments only on the agenda items would be in the beginning of the meeting. This way we could stay focused on the business at hand. Public comment not relevant to the agenda items could be made at the end of the meeting. Then we would adjourn. Mr.Robert Cogan stated he would accept this agenda and propose amendment to vote on and second part he was not sure on. Mr. Allen stated we would have two segments. Comments at the beginning on the agenda only and then at the end comments from people wanting to voice anything they wish to discuss. Also it was recommended to put the agenda on a screen of our web page and cable station if possible. Comments on agenda only at the start, so we can do business. Mr. Jon Foulkrod, of Washington Township said, maybe you need to check on this with your solicitor since the agenda is per code. Clifford Allen stated we are Home Rule Charter and don’t have to follow the Borough Code on this matter..
Any other business, being none Mayor Cannell asked for adjournment.
Mary Ann Horne moved for adjournment, and the meeting was adjourned at 8:00 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
December 5, 2005
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, CDBG Hearing, & JMPC Hearing on November 21, 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 scheduled 12/14/2005
c) Pension Meeting scheduled 12/7/2005
2. Ordinance Review Committee –Jean Davis
a) Codification – General Code (Penns Valley)-being proofed
b) Grease Ordinance (to be introduced in March 2006)
c) Commercial district
d) Noise Ordinance – Ordinance 527 –2nd reading
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
2. Additional Sources of Revenue – Answer to questions from last meeting
3. Cable Franchise Negotiations – Attorney Cohen
C. Management's Report:
1. Manager Jemetz Report
a) Town Gown – met Nov 22nd
b)
2. Finance
a) Authorization to approve bills to be paid December 5, 2005
Action: Motion to approve bills totaling $ 31,483.60 ;
b) Authorization to approve payroll
Action: Motion to approve payroll ending November 19, 2005, paid November 23, 2005, totaling $ 51,028.51
3. Personnel
4 Public Safety
Emergency Management
Emergency Medical Service (EMS)
EVFD
d) Police – Oct Reports
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
7. Wastewater Collection & Treatment
8. Water System
9. Community Development/Project Coordination
a) 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
3. Non Uniformed Negotiations – (Health Care meeting 12/5 2 p.m)
A.
B.
A.
VIII. Adjournment
2005 Council Meeting Schedule:
December 19 @4:30 p.m.
OTHER DATES TO REMEMBER
Finance Meeting December 5 & December 19 4:00 p.m.
Hearing CDBG February 13, 2006 6:45 p.m.
©Copyright January 2006