Home Rule Borough of Edinboro
Council Minutes
January 22, 2007
Call to Order:
Mayor Horne called the meeting to order on Monday January 22, 2007 at 7:00 p.m.
Roll Call:
Clifford “Kip” Allen, Bob Cogan, H. Robert Cannell, Jean Davis, Greg Lucas, and Mary Ann Horne were present. Dennis Travis was absent. Others present included Manager “TJ” Jemetz, Solicitor Ritchie Marsh, and Assistant to the Manager Marie Lander. Guests present were Frank Stefano, Washington Township; Chris Pollitt; Erin Thompson; Melissa Beno, Edinboro News; and Ryan Smith & Jamie Musick, Meadville Tribune.
Approval of Minutes:
Jean Davis moved approval of Regular Meeting minutes of January 22, 2007. Bob Cogan seconded the motion and it passed by 6-0 voice vote.
Approval of agenda:
Mayor Horne asked for a motion to approve the agenda as printed and posted. Bob Cogan moved acceptance of the agenda and seconded by Jean Davis. The motion passed by 6-0 voice vote.
Public Participation:
No one wished to speak to council.
Old Business:
Committee Reports:
Finance Committee: Jean Davis, Chair reported that they met today at 3:30 p.m. and reviewed the invoices and purchase orders. They were informed that the Auditors would be here next week. The large amount for invoices is because we are paying the PNC loan with the Pennvest loan. Discussion of the EVFD request for $10,000 additional was discussed at the finance meeting and since the audit is next week, finance felt that they could not make a decision on additional funds until after the audit, but if the EVFD needed these for purchase of a truck before then that they could pay a portion of the annual budget amount until they reviewed the funding availability for extra funds.
Robert Cannell asked about the CDBG item for QES and Manager Jemetz informed him this was to stabilize the bridge and was only a portion of their request. Mr. Cogan asked if the PNC loan was for the Maple Drive project and Jean Davis stated yes.
Jean Davis moved to accept the bills to be paid January 22, 2007for $588,025.82 and Robert Cogan seconded the motion passed by 6-0 voice vote.
Robert Cannell moved to approve payroll ending December 30, 2006 and paid January 5, 2007 for $50,743.63 and payroll ending January 13, 2007 and paid January 19, 2007 totaling $51,076.02. Jean Davis seconded the motion and it passed by 6-0 voice vote.
Jean Davis moved to accept Resolution 4-2007 the agreement for participation in Central Westmoreland Council of Government Vehicle Purchasing program and Clifford Allen seconded. Discussion followed. It was noted that local car dealers where offered the chance to give a quote on the new vehicle but declined to do so. The resolution passed by roll call vote of 6-0 as follows: Dennis Travis, absent; Kip Allen, yes; Gregory Lucas, yes; Robert Cogan, yes; Jean Davis, yes; H. Robert Cannell, yes; and Mary Ann Horne, yes.
Ordinance Review Committee: Jean Davis reported that the Codification came back from General Code and will be advertised for adoption in Ordinance 554. Jean Davis moved to accept the codification and to have it advertised and Robert Cogan seconded. The motion passed by6-0 roll call vote: Robert Cogan, yes; Jean Davis, yes; Denis Travis, absent; Gregory Lucas, yes; Clifford Allen, yes; H. Robert Cannell, yes; Mary Ann Horne, yes.
Jean Davis reported that they also had the Reality Transfer Tax Ordinance Number 544 to adopt this meeting. It was a rewrite by the Solicitor to fix a few problems found in the ordinance adopted in December. Jean Davis moved adoption of Ordinance 544 and Robert Cogan seconded the motion.
HOME RULE BOROUGH OF EDINBORO
ORDINANCE # 544
REALTY TRANSFER TAX
An Ordinance by the Home Rule Borough of Edinboro amending its realty transfer tax ordinance and other tax related provisions pursuant to Article X1-D of the Tax Reform Code of 1971, and authorizing the Department of Revenue of the Commonwealth of Pennsylvania to determine, collect and enforce the tax, interest and penalties.
Section 1. Imposition of Tax.
Home Rule Borough of Edinboro adopts the provision of Article X1-D of the Tax Reform Code of 1971 and imposes a realty transfer tax as authorized under that Article subject to the rate limitations therein. The tax imposed under this Section shall be at the rate of 1%. The within ordinance reenacts and adopts all of the provisions of Ordinance #418 of 1986 which are not inconsistent with this ordinance and further, the within ordinance provides for the ability and directs the Department of Revenue of the Commonwealth of Pennsylvania to determine, collect and enforce the within tax, plus all interest and penalties.
Section 2. Administration.
The tax imposed under Section 1 and all applicable interest and penalties shall be administered, collected and enforced under the Act of December 31, 1965 (P.L. 1257, No. 511, as amended, known as “The Local Tax Enabling Act”; provided, that if the correct amount of the tax is not paid by the last date prescribed for timely payment, Home Rule Borough of Edinboro, pursuant to Section 1102-d of The Tax Reform Code of 1971 (72 P.S. §8102-D), authorizes and directs the Department of Revenue of the Commonwealth of Pennsylvania to determine, collect and enforce the tax, interest and penalties.
Section 3. Interest.
Any tax imposed under Section 1 that is not paid by the date the tax is due shall bear interest as prescribed for interest on delinquent municipal claims under the Act of May 16, 1923 (P.L. 207, No. 153) (53 P.S. §§ 7101, et seq.), as amended, known as the “The Municipal Claims and Tax Liens Act.” The interest rate shall be the lesser of the interest rate imposed upon delinquent Commonwealth taxes as provided in Section 806 of the Act of April 9, 1929 (P.O. 343, No. 176) (72 P.S. § 806), as amended, known as “The Fiscal code,” or the maximum interest rate permitted under the Municipal Claims and Tax Liens Act for tax claims.
Section 4. Repealer. Any ordinance or part of an ordinance inconsistent with the provisions of this ordinance, be and the same are hereby repealed to the extent of such conflict.
Section 5. Effective Date.
This ordinance shall become effective five (5) days after its adoption and the provisions of this ordinance shall become effective on and be applicable to any documents made, executed, delivered, accepted or presented for recording on or after five (5) days after the adoption of this ordinance.
DULY ENACTED AND ORDAINED on the 22nd day of January, A.D. 2007 by the Home Rule Borough of Edinboro, County of Erie, Commonwealth of Pennsylvania.
The Ordinance passed by 6-0 roll call vote as follows: Jean Davis yes; Dennis Travis, absent; Gregory Lucas, yes; Robert Cogan, yes; H. Robert Cannell, yes; Clifford Allen, yes; and Mary Ann Horne, yes.
Jean Davis noted that the Grease Ordinance was in the WWCT Superintendents hands and when he had time it in a cleaner form it would come before the Council. The Well head protection ordinance was at EUP for review and Ordinance 541 was being reviewed by legal.
Personnel Committee: Nothing to report
Recreation & Lake & Environment – nothing to report. Mr. Cannell informed Council that the committee for the Library was meeting next Tuesday at 7 p.m. to discuss the property held in the foundation for the Library by ERS. Council was invited by Mr. Cannell to attend.
Public Safety: Greg Lucas reported that his committee met January 10, 2007. Members present were Manager Jemetz; Robert Cannell; Jean Davis; Kip Allen; Officer Beuchert; an Chief Craft. They saw literature and video on “Tasers”. It was decided that the number of tasers would total 3, which is the total officers on duty at one time. Also holsters would be obtained for all officers for a total costs of approximately $4000. The committee recommended to turn this over to the Finance Committee to see about grants and funding. They also recommended adopting a policy on tasers; having training with EUP officer invited; and d a press release regarding tasers.
Committee of the Whole: Mayor Horne stated they needed to schedule a workshop to review the PEL study. Discussion followed on the availability of Council members for February 19th at 6:30 p.m.
SOLCITOR: nothing to report.
Manager Jemetz report: Manager Jemetz reviewed his report including Town Gown agenda; Study of US 6N Transportation & Land Use Study at a cost of $7500 in 2008 for the Borough; new utility bills went out; meeting January 26 at 2 p.m. to discuss access trail through CDBG funds; Triathalon in June to be fundraiser for EVFD and Borough personnel would give limited service as needed; and lastly he asked for an executive session later this evening to discuss the proposed agreement with Washington Township regarding sewer for the interim.
Clifford Allen asked the Manager to get a tentative date the library would leave so the Borough could advertise the space is available. Mr. Cannell stated he heard not until 2008 because of needed fund raising of $800,000 and renovations.
Police Reports and Code Enforcement reports were available for review.
Community Liaisons:
Washington Township: Jean Davis reported she could not attend but asked Frank Stefano from Washington Township who was present if there was anything. He stated they approved the Study of 6N for the $7500.
Authority: Jean Davis stated they met last week and the Water Authority was going to look for grants for a Chlorinator.
Watershed Association: Mary Ann Horne reported that she attended the Watershed meeting last week but had nothing to report at this time.
Other Old Business:
Mayor Horne reported that the committee designations were on the Council’s desks as follows:
Finance: Jean Davis, Bob Cannell, Mary Ann Horne
Personnel: Bob Cogan, Jean Davis, Dennis Travis
Streets, Buildings & Grounds: Bob Cannell, Kip Allen, Greg Lucas
Public Safety: Greg Lucas, Kip Allen, Mary Ann Horne
Ordinance Review: Jean Davis, Dennis Travis, Bob Cogan
Recreation, Lake, Environment: Kip Allen, Bob Cannell, Mary Ann Horne
Cable TV: Dennis Travis, Bob Cogan, Greg Lucas
Also appointments to Liaison positions are as follows:
EUP Liaison: Mary Ann Horne & Manager Jemetz
EVFD Board: Bob Cogan
Erie County Planning: Bob Cannell alt Manager Jemetz
Environmental Shade Tree Advisory Board: Mary Ann Horne
Washington Township: Jean Davis alt Greg Lucas
Watershed Association: Mary Ann Horne
Municipal & Water Authority: Jean Davis alt Kip Allen
PLCB Local Group: Dennis Travis alt Mary Ann Horne
PLCM: Manager Jemetz & Kip Allen
ECBA: Volunteer as needed
COMMUNICATIONS:
Letter from Ron Sturga and response by Manager Jemetz regarding leaf vaccumning was available for Council’s review.
News article on the County Library was also available.
Being no further communications the Mayor moved on to New Business.
NEW BUSINESS:
Being no one wishing to report any new business the meeting was adjourned to executive session at 7:38 p.m. to discuss the Washington Township agreement for disbursement of costs during the study of the systems.
EXECUTIVE SESSION:
Returned at 8:29 p.m. Mayor Horne reconvened the meeting stating they discussed a draft reimbursement agreement between Washington Township and the Borough of Edinboro regarding engineering and legal services required to further explore the possibility of expanding the Borough wastewater treatment plant in order to handle Washington Township wastewater.
Jean Davis moved to adopt Resolution 6-2007 an Agreement with Washington Township regarding reimbursement from Washington Township to the Borough for legal and engineering services required to further explore the possibility of expanding the Borough wastewater treatment plant in order to handle Washington Township wastewater and possible interim connection.
Greg Lucas seconded the motion and it passed by 6-0 roll call vote: Clifford “Kip” Allen, yes; Greg Lucas, yes; Robert Cogan, yes; Jean Davis, yes; Dennis Travis, absent; H. Robert Cannell, yes; and Mary Ann Horne, yes.
Manager Jemetz was instructed to deliver the agreement to Washington Township Manager Anthony after it’s signing.
H. Robert Cannell moved for adjournment, and the meeting was adjourned at 8:30 P.M.
ATTEST:
_______________________________ _____________________________
Manager T. Jemetz Mayor Mary Ann Horne
HIGHLIGHTS
January 22, 2007
· Payment of bills
· Payroll
· Minutes
· Ordinance 544 – Reality Transfer Tax
· Approve Resolution 4-2007 Westmoreland Cog – Police Vehicle
· Approve Resolution 6-2007 Agreement with Washington Township
· Appointment to Council committees & liaisons
· Authorize advertisement of codification
POSTPONED
· Resolution 8-2006 –Policy special events
·
UPCOMING MEETINGS:
· Ordinance Review –
· Public Safety –
· Building, Streets & Grounds Committee –
· Personnel Committee –
· Recreation/Lake/Environment –
· Finance Committee
· Committee of the Whole - Meeting in Feb 19th 6:30 p.m. on PEL Study recommendations
MANAGER INSTRUCTED TO:
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
January 22, 2007
Regular Meeting
I. Call to Order of the Regular Council Meeting by Mayor Mary Ann Horne
II. Roll Call: Clifford “Kip” Allen _____, Bob Cogan ____, H. Robert Cannell ______, Jean Davis ____, Greg Lucas ________, Dennis Travis __A__, Mayor Mary Ann Horne __ , Manager Taras Jemetz ___, Solicitor Marsh _____; and Marie Lander, Assistant to the Manager___.
III. Approval of Minutes
· Public Hearing, Organization Meeting, & Regularly Scheduled Meeting on January 2, 2007
Action: Motion to approve minutes
IV Approve AGENDA
a. Action: Motion to approve agenda
V. Public Participation –
A. Agenda Items –
B. Non Agenda Items -
1. Finance Committee/Pension Committee/ Negotiation Committee –Jean Davis Chair-
a) Met January 22nd -- 3:30 p.m.
b) Authorization to approve bills paid January 22, 2007
Action: Motion to approve bills totaling $588,025.82
c) Authorization to approve payroll ending December 30, 2006 paid January 5, 2007 totaling $50,743.63 & payroll ending January 13, 2007 and paid January 19, 2007 totaling $ 51,076.02
d) Agreement for participation in Central Westmoreland Council of Governments Vehicle Purchasing program – Authorization for appropriate persons to sign – Resolution 4-2007
2. Ordinance Review Committee – Jean Davis Chair
a) Codification – General Code (Penns Valley)- Advertised to adopt- 1st reading
b) Reality Transfer Tax Ordinance – Ordinance 544 – Adopt by Roll Call Vote
c) Grease Ordinance
d) Commercial district
e) Well head protection ordinance
f) Ordinance 541Residential Rental Lease Tax- based on Millersville Ordinance- to lawyer for review
3. Personnel Committee – Robert Cogan Chair
4. Recreation/Lake/Environment – Bob Cannell
5. Public Safety – Greg Lucas
a) Tasers
6. Street, Buildings, and Grounds- Dennis Travis Chair
7. Committee of the Whole
a) Planning & Priorities-
b) Schedule workshop to review of PEL Study
B. Solicitor's Report:
C. Management's Report:
1. Manager Jemetz Report
a) Town Gown Meeting Held January 16th
b) US 6N Transportation & Land Use Study- Borough portion $7500 in 2008.
2. Finance
a) New Utility bills mailed Wednesday January 17th.
3. Personnel
4 Public Safety
a) Emergency Management
b) Emergency Medical Service (EMS)
c) EVFD
d) Police
i) Monthly Report- December 2006
e.) Employee Safety Committee
5. Code Enforcement/Planning/Zoning
a)
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)
D. Community Liaisons
1. Public Relations/Cable TV –Kip Allen
2. Chamber of Commerce - Bob Cogan
3. Environmental Shade Tree Advisory Committee – Mary Ann Horne
4. Erie County Borough –Kip Allen
5. Erie County Planning Liaison – Bob Cannell
6. EVFD Board Liaison – Bob Cogan
7. PLCM Campus Community – Bob Cannell
8. PLCM Local Group – Dennis Travis
9. Washington Township Liaison - Jean Davis
10. Authority –Jean Davis
11. EUP Administration - Kip Allen
12. Watershed Association - Mary Ann Horne
E. OTHER OLD BUSINESS:
1.
A. A. Letter & Manager’s response to Ron Sturga regarding leaf vac.-FYI
B. B. News article on County Library-FYI
VIII. New Business
A)
IX. Adjournment
2007 EDINBORO BOROUGH COUNCIL
Organizational
Meeting January 2, 2007 -7 PM; January 22, February 12, February 26, March 12,
March 26, April 9, April 23, May 14, May 21, June 11, June 25, July 9, July 23,
August 13, August 27, Sept 10, Sept 24, Oct 8, Oct 22, Nov 12, Nov 26, and Dec
10 beginning at 7:00 p.m., except for Dec 17th at 4:30 p.m..
©Copyright Feb 2007