Home Rule Borough of Edinboro

Council Minutes

February 12, 2007

 

Call to Order:

            Mayor Horne called the meeting to order on Monday, February 12, 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, and Assistant to the Manager Marie Lander.  Guests present were Jon Foulkrod, Washington Township; Erin Thompson; Matthew Seagren; Naeem Shalker; Dan Field; Jeff McCabe; Audrey Scruton of Edinboro News; and Ryan Smith & Jamie Musick of Meadville Tribune.

 

Approval of Minutes:

            Clifford Allen moved approval of Regular Meeting minutes of January 22, 2007. Jean Davis 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.  Jean Davis moved acceptance of the agenda and seconded by Clifford Allen.  Robert Cogan requested one correction on the amount of payroll under VI. A. 1. c. should be $54,735.23 not $4,735.23.  With no objections of the correction the agenda passed by 6-0 voice vote.

 

Public Participation:

            No one wished to speak on agenda items.

            Fire Chief Matt Seagren spoke to Council regarding their 2006 Annual Report of EVFD.  He apologized for the report being only delivered today since they just received it from the printer who agreed to do it for free.  He wanted to keep open communication with the municipalities and the department.  This year they have a financial challenge with the fund drive, membership, and bingo all being down.  The calls were also down from 1001 in 2005 to 949 in 2006.  EVFD is here to stay and would like to give the community the best service with responses to incidents, training and vehicle fleet.  In the future they have approved the specs on a new engine for $452,000 which will be paid out general funds, 15 year lease purchase, and Relief Association funds.  The department is making great strides regarding safety with reflective vests mandated to reduce injuries, secure lines, and physical fitness tests.  Fire Chief Seagren again thanked the Council for their in-kind help including the use of the front loader, snow plowing, workers compensation, fleet insurance, and annual donation.  He stated he would return on the February 26th meeting to answer any question Council may have after reviewing the annual EVFD report handed out tonight.  Jean Davis asked if it was possible to break out the Borough and EUP calls.  He informed Council that 97 calls of the 427 were university related.  He stated he would try and get funding from the university when he meets the new president of the university when he arrives in June or July of 2007.

 

            Dan Field, Student, 111 Walnut Street.  Mr. Field stated he was here with a concern regarding availability of parking in the Borough nights from 2 p.m. to 6 a.m.  He felt that meters or designated spots so they do not get tickets when they go to the bars would be a good idea.  Maybe the Council could put parking meters in the Pizza Hut parking lot or the Lakeside Commons.  Mayor Horne informed him that these two were private property and not owned by the Borough so they could not put meters in them.  Manager Jemetz stated that the Borough has limited land for parking and the reason for the 2 p.m to 6 a.m. no parking was to allow the roads be cleared of snow for emergency response.  It has been the same arrangement for many years.  He recommended maybe using the campus parking overnight and Mr. Field stated he did not have a parking pass for EUP.  Greg Lucas informed him that the Borough has two lots and they have odd and even usage but filled up fast by people renting in town.  Manager Jemetz explained that a study of the 6N corridor was initiated and they would also address public parking.  Robert Cogan asked who owned the large lot opposite the law firm behind the Pizza Hut.  Matt Seagren explained it was part the EVFD, Dr. Schmidt, and Pizza Hut.  They use it for social hall rentals and could not limit it or put parking meters. They had started tagging vehicles and having them towed.  Clifford Allen asked Chief Seagren to think about odd/even usage and selling permits.  Mr. Seagren stated they are ticketing and towing as of last year.

 

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.  We received a draft policy from Chief Craft regarding the Tasers which we will review and bring back next meeting.  The costs are being reviewed and Chief Craft is working on grants.  The first process is adopting the policy.   

 

Jean Davis moved to accept the bills to be paid February 12, 2007 for $110,143.27 and Robert Cogan seconded. 

 

Discussion followed on bills being paid.  Robert Cannell questioned the use of Conway & O’Mally for tires and not Good Year.  He felt if it was the same price it should have been kept in Edinboro. 

Clifford Allen noted that they were in the Edinboro Area and not in the Borough.

Robert Cannell also questioned the mounting of the tires by a Cambridge Springs place.  The third item he questioned was a TV-DVD from Best Buy.  It was explained it was a DVD burner to burn the vactor camera information as well as copies of the VCR information already on file.  

Clifford Allen asked if it was in the budget and it was. 

Robert Cogan asked if there was a policy regarding expenses versus capital items.

Jean Davis informed them that there was a purchase manual that Council had adopted years ago and the management had a responsibility to get 3 bids for any items over a certain amount and written bids over another amount. 

Mr. Cannell went on to ask about the Solicitor billing for 2005 and 2006 and if it was regular event to invoice so late. 

Mayor Horne stated it is to our advantage if he doesn’t invoice timely but this invoice was a mistake by his billing department. 

Manager Jemetz asked when the Finance Committee would meet again and who was on the committee.  Jean Davis explained they would meet on February 26th at 4 p.m. with Jean Davis, Robert Cannell, and Mary Ann Horne has members.  Manager Jemetz stated he would also attend. 

 

The motion to approve the bills passed by 6-0 voice vote.

 

Jean Davis moved to approve payroll ending January 27, 2007 and paid February 2, 2007 for $54,735.23.  Robert Cogan seconded the motion and it passed by 6-0 voice vote.

 

Jean Davis went on to report that the Finance Committee reviewed available funds since the audit was finished that may be available toward the EVFD new equipment.  Jean Davis moved to give a one time additional $10,000 to EVFD toward their new equipment purchase.  Robert Cogan seconded the motion and it passed by 6-0 voice vote.

 

 

Ordinance Review Committee:  Jean Davis, Chairman moved to have the second reading of the codification done by General Code Ordinance 554 which she read:

 

Home Rule Borough of Edinboro

ORDINANCE NO.  545

 

AN ORDINANCE ADOPTING THE CODE OF ORDINANCES OF THE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA; CONSOLIDATING, REVISING, AMENDING AND REPEALING CERTAIN ORDINANCES; ENACTING CERTAIN NEW PROVISIONS; PROVIDING A PROCEDURE FOR AMENDING THE CODE AND FOR THE CITATION OF THE CODE AND THE EFFECTIVE DATE THEREOF; ESTABLISHING RESPONSIBILITY FOR MAINTENANCE OF THE CODE; SAVING CERTAIN PROVISIONS FROM REPEAL; AND PRESCRIBING PENALTIES FOR VIOLATION.

 

The Borough Council hereby ordains:

 

Section 1. Adoption.

 

The “Code of Ordinances, Borough of Edinboro,” as prepared and published for the said Borough, is hereby adopted as a consolidation, codification and revision of the ordinances of the Borough. Chapters 1 through 27 thereof contain the text of the body of all general administrative and regulatory ordinances of the Borough organized as follows:

 

TABLE OF CONTENTS

 

Chapter 1                                 Administration and Government

Chapter 2                                 Animals

Chapter 3                                 [Reserved]

Chapter 4                                 Buildings

Chapter 5                                 Code Enforcement

Chapter 6                                 Conduct

Chapter 7                                 Fire Prevention and Fire Protection

Chapter 8                                 Floodplains

Chapter 9                                 [Reserved]

Chapter 10                               [Reserved]

Chapter 11                               [Reserved]

Chapter 12                               [Reserved]

Chapter 13                               Licenses, Permits and General Business Regulations

Chapter 14                               [Reserved]

Chapter 15                               Motor Vehicles and Traffic

Chapter 16                               Parks and Recreation

Chapter 17                               [Reserved]

Chapter 18                               Sewers and Sewage Disposal

Chapter 19                               [Reserved]

Chapter 20                               Solid Waste

Chapter 21                               Streets and Sidewalks

Chapter 22                               Subdivision and Land Development

Chapter 23                               [Reserved]

Chapter 24                               Taxation; Special

Chapter 25                               Trees

Chapter 26                               Water

Chapter 27                               Zoning

 

INDEX

DISPOSITION LIST

 

Section 2. Citation and Effective Date.

 

The codification referred to in Section 1 of this ordinance shall be known and cited officially as the “Borough of Edinboro Code of Ordinances,” and all future ordinances shall make reference thereto. This ordinance shall become effective immediately upon publication of notice of final enactment as required by law.

 

Section 3. Saving Clause.

 

The provisions of the Borough of Edinboro Code of Ordinances, so far as they are the same as those ordinances and regulations in force immediately prior to the adoption of said Code, are intended as a continuation of such ordinances and regulations and not as a new enactment. The provisions of the Borough of Edinboro Code of Ordinances shall not affect any suit or prosecution pending or to be instituted to enforce any of the prior ordinances or regulations.

 

Section 4. Consolidation and Revision.

 

As a necessary part of codification, the following provisions are hereby consolidated and revised as indicated:

 

A.          Consolidations

 

Chapter, Part, Section

Subject

Ordinance No.

15, Entire Chapter

Motor Vehicles and Traffic

156, 237, 245, 251, 254, 270, 287, 289, 295, 299, 331, 344, 374, 422, 431, 447, 449, 454, 462, 463, 467, 475, 480, 487, 491, 495, 498

 

B.          Revisions

 

Chapter, Part, Section

Subject

Ordinance No.

 

Section 5. New Enactments, Amendments and Repeals.

 

As a necessary part of codification, the following ordinances are hereby enacted, amended and repealed as summarized by short title:

 

A.          New Enactments

 

Chapter, Part, Section

Subject

1, 1, §1-267

Shade Tree Committee

1, 1, §1-268

Design Review Committee

18, 1, §18-154

New Purchases; Change of Ownership

18, 1, §18-199.4

Sampling and Analysis

18, 1, §18-199.5

Sample Splitting

 

B.          Amendments

 

Chapter, Part, Section

Subject

Ordinance No.

1, 1, §1-102

Municipal Authority

136

1, 1, §1-112

Water Authority

206

1, 2, §1-202

Title and Definitions

300

1, 2, §§1-211, 1-214

Legislative

300

1, 2, §1-221

The Mayor

300

1, 2, §1-231

Departments

300

1, 2, §1-232

Administrative Policy and Procedures

300

1, 2, §§1-251, 1-252

Boards and Commissions

300

1, 2, §§1-261, 1-263, 1-266

Specific Duties of Boards and Commissions

300

1, 2, §§1-271 – 1-283

Budget and Fiscal Matters

300

1, 2, §1-291

Enforcement

300

1, 2, §1-299.1

General Provisions

300

6, 2, §6-203

Open Containers

314

6, 4, §6-403

Violation and Penalty

445

8, 3, §8-302

Issuance of Building Permits

362

8, 3, §8-303

Application Procedures and Requirements

362

8, 3, §8-310

Fees for Permits

362

8, 3, §8-311

Enforcement

362

8, 5, §8-501

General

362

8, 7, §8-701

Variances

362

13, 1, §13-102

Fees

261

13, 2, §13-201

General Provisions

345

13, 3, §13-305

Permits

384

13, 3, §13-306

Requirement

384

13, 3, §13-309

Enforcement

384

13, 4, §13-401

General Provisions

366

13, 4, §13-402

License and License Fees

366

13, 5, §13-562

Cable Television

430

18, 1, §18-104

Sanitary Sewer General Provisions

468

18, 1, §18-109

Vandalism

468

18, 1, §§18-111, 18-112

Definitions

468

18, 1, §18-121

Wastewater Discharge

468

18, 1, §18-122

Wastewater Disposal

468

18, 1, §§18-147, 18-153, 18-155

Building Sewers and Connection

468

18, 1, §§18-162, 18-163, 18-166, 18-167

Conditions to Use

468

18, 1, §§18-181, 18-182, 18-184, 18-185, 18-185.1, 18-186, 18-188, 18-189, 18-191, 18-193

Wastewater Monitoring

468

18, 1, §§18-199.2

Pretreatment

468

18, 1, §§18-199.11, 18-199.12, 18-199.22

Service Charges

468

21, 2, §21-203

Sidewalks

373A

26, 1, §26-104

Edinboro Water Authority Backflow and Cross-Connection Control Plan

504

 

C.          Repeals

 

Chapter, Part, Section

Subject

1, 2, §1-233

Department of Police

1, 2, 1-265

Personnel Board

1, Subpart E

Purchasing and Contracting

1, Subpart K

Employee Rights and Privileges

1, 3, §1-302

Definitions

1, 3, §1-303

Establishment of Funds and Sources of Contributions

1, 3, §1-305

Police Contributions

1, 3, §1-307

Eligibility

1, 3, §1-309

Police Reserves

3, 1, §§3-101–3-111

Bicycle Registration

6, 1, §§6-101–6-119

Littering Prohibited

7, 1, §§7-201–7-205

Open Burning

10, 1, §§10-101–10-106

Grass and Weeds

 

Section 6. Adoption of Standard Codes by Reference.

 

As a necessary part of codification, the following ordinances are hereby enacted by reference as standard codes summarized by short title:

 

Chapter, Part, Section

Short Title

 

Section 7. Land Use Amendments.

 

The Borough of Edinboro Code of Ordinances is hereby amended as is more fully shown in the complete text of Chapters 22 and 27 thereof which is attached hereto and made part hereof by reference hereto as if fully set out at length herein, with deletions shown by strike-through and additions shown by underline, all of which is briefly summarized hereinafter.

 

A.          New Provisions. The following provisions are new provisions which are being added to the Code, are underlined throughout the text, and are summarized as follows:

 

Chapter, Part, Section

Subject

22, 14, §1410

Recording Plats and Deeds

22, Exhibit 1

Excerpt From The Pennsylvania Municipalities Code

27, 7, §703

Procedure for Borough Curative Amendments

 

B.          Revised Provisions. The following provisions of the Code are revised, the text of which indicates deletions by strike-through and additions by underline, and are summarized as follows:

 

Chapter, Part, Section

Subject

Ordinance No.

22, 2, §202

Definitions

474, §202

22, 3, §306

Recording of Plan

424, §306

22, 8, §813

Water

474, §813

22, 10, §1003

Water Supply

474, §1003

22, 14, §1402

Filing Fee and Review

424, §1402

27, 2, §202

Definitions

457, §202

27, 3, §306

Permitted Uses, Conditional Uses and Special Exceptions

457, §306

27, 3, §308

Conditional Uses and Exceptions

457, §308.25

27, 4, §406

Performance Standard

457, §406.9

27, 4, §407

Off-Street Loading and Parking

457, §407

27, 4, §408

Signs

457, §408

27, 5, §503

Permits and Certificates

457, §503

27, 5, §504

Enforcement Notice

457, §§504.1, 504.3

27, 6, §608

Board’s Functions

457, §608(9)

27, 7, §§701-703

General; Petitions; Referral; Action; Curative Amendments

457, §§701-705

27, 8, §801

Planned Residential Development

457, §801

 

C.          Repealed Provisions. The following provisions of the Code are repealed, the text of which indicates deletions by strike-through, and are as follows:

 

Chapter, Part, Section

Subject

Ordinance No.

None

 

Section 8. Procedural Changes.

 

The following minor procedural changes have been made to existing Borough ordinances:

 

             A.          Grammatical and spelling errors have been corrected where necessary;

 

             B.          Minor changes have been made to correct obsolete terms and usages;

 

             C.          The penalty provisions have been revised where necessary to comply with the Pennsylvania Borough Code, Vehicle Code, Municipalities Planning Code and the Local Tax Enabling Act.

 

Section 9. Amending the Code of Ordinances.

 

The procedure for amending the Code of Ordinances shall include the citation of the Chapter, Part, Section and subsection to be amended, revised, repealed or added as follows:

 

             A.          Amendment or Revision – “Chapter _____, Part _____, Section _____, Subsection _____ is hereby amended [revised] to read as follows . . .”

 

             B.          Additions – “Chapter _____, Part _____, Section _____, Subsection _____ is hereby amended by the addition of the following . . .”

 

             C.          Repeal – “Chapter _____, Part _____, Section _____, Subsection _____ is hereby repealed in its entirety.”

 

Section 10. Responsibility for Code of Ordinances.

 

It shall be the responsibility of the Borough Manager to maintain an up-to-date certified copy of the Code of Ordinances. This copy shall be the official copy of the Borough of Edinboro Code of Ordinances and shall be available for public inspection.

 

Section 11. Penalties.

 

It shall be unlawful for anyone to change, alter or tamper with the Code of Ordinances in any manner which will intentionally misrepresent the laws of the Borough. Whosoever shall violate this Section shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs or, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days.

 

Section 12. Severability of Parts of Codification.

 

It is hereby declared to be the intention of the Borough Council that the Chapters, Parts, Sections, paragraphs, sentences, clauses and phrases of this codification are severable. If any Section, paragraph, sentence, clause or phrase of this Code is declared unconstitutional, illegal or otherwise invalid by the judgment or decree of a court of competent jurisdiction, that invalidity shall not effect any of the remaining Chapters, Parts, Sections, paragraphs, sentences, clauses or phrases of this codification.

 

 

 

 

 Clifford Allen seconded and the ordinance 2nd reading passed by 6-0 roll call vote:  Robert Cogan, yes; Jean Davis, yes; Dennis Travis, absent; Clifford Allen, yes; Gregory Lucas, yes; H. Robert Cannell, yes; and Mary Ann Horne, yes.

 

            Jean Davis reported that they also had the Residential Rental Lease Tax Ordinance 541 ready for the first reading and advertising as follows:

 

Home Rule Borough of Edinboro

ORDINANCE NO. 541

 

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE HOME RULE BOROUGH OF EDINBORO, CHAPTER 24, TAXATION; SPECIAL, TO ADD A NEW PART 7, RESIDENTIAL RENTAL TAX, TO IMPOSE A TAX ON THE TRANSACTION OF ENTERING INTO A LEASE FOR RESIDENTIAL

PROPERTY; ESTABLISHING THE RATE OF SUCH TAX; PROVIDING PROCEDURES FOR THE ADMINISTRATION OF THE ORDINANCE AND COLLECTION OF THE TAX; AND PROVIDING PENALTIES FOR VIOLATIONS. BE AND IT IS HEREBY ORDAINED AND ENACTED by Borough Council of the Home Rule Borough of Edinboro, Erie County, Pennsylvania, as follows:

 

Section 1. The Code of Ordinances of the Home Rule Borough of Edinboro, Chapter 24, Taxation; Special, shall be amended by inserting a new Part 7, Residential Rental Tax, which shall provide as follows:

 

PART 7

RESIDENTIAL RENTAL TAX

 

§601. SHORT TITLE.

This Part shall be known and may be cited as the Home Rule Borough of Edinboro Residential Rental Tax Ordinance.

 

§602. AUTHORITY FOR TAX.

This tax is levied under the authority granted to the Borough by the Local Tax Enabling Act, Act of December 31, 1965, P.L. 1257, No. 511, as amended, 53 P.S. §6901 et seq.

 

§603. DEFINITIONS AND WORD USAGE.

Unless otherwise expressly stated, the following terms shall, for the purpose of this Part, have the meanings indicated as follows:

 

BOROUGH - the Home Rule Borough of Edinboro, Erie County, Pennsylvania.

 

HOTEL UNIT - any room or group of rooms located within a hotel or motel forming a single habitable unit used or intended to be used for living and sleeping only on a transient basis for a period of less than thirty (30) days.

 

OCCUPANT - any person over one year of age living and sleeping in a Residential Rental Unit or having actual possession of said Residential Rental Unit.

 

OWNER - The person who holds record title and/or the equitable owner under an agreement of sale of a property upon which a Residential Rental Unit is erected or maintained.  If more than one person owns the property as joint tenants, tenants in common, tenants by the entireties, or tenants in co-partnership, each such person shall be considered an owner and shall have all of the duties of an Owner under this Part.

 

PERSON - A natural individual, unincorporated association, partnership, corporation, estate, trust or any other legally recognized entity, and the members of such partnership and the officers of such corporation.

 

PERSONAL CARE HOME - a premises in which food, shelter, and personal assistance or supervision are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term facility, but who do require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency, or medication prescribed for self-administration which meets all regulations of the Pennsylvania Department of Public Welfare.

 

RESIDENTIAL RENTAL LICENSE - a document issued by the Code Enforcement Officer to the Owner of a Residential Rental Unit.

 

RESIDENTIAL RENTAL UNIT - (i) a Rooming Unit or (ii) a dwelling unit let for rent or (iii) a residential unit occupied by any persons other than one occupied solely by the owner and members of the owner’s family. Each individual townhouse dwelling, each individual apartment unit, each individual unit in a multifamily building, and each rooming unit shall be considered a separate Residential Rental Unit. If a structure contains a Rooming Unit or if any portion of the structure is let for rent, it shall be considered a Residential Rental Unit whether or not the Owner or a relative of the Owner also resides in the structure. A Residential Rental Unit shall not include a Hotel Unit or a Personal Care Home. A Residential Rental Unit includes dwelling units under lease-purchase agreements, or long-term [greater than six (6) months] agreements of sale.

 

ROOMING UNIT - a portion of a dwelling unit including any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking purposes. Granting of permission to use shared or common cooking facilities may be associated with the leasing of a rooming unit.

 

LEASE TRANSACTION - a transaction under which an Owner, either directly or through an agent of such Owner, and any other person or persons enter into an agreement under which such person or persons is/are allowed to become Occupant(s) of a Residential Rental Unit for a period equal to or less than one year. Each year of a multi-year lease or other agreement allowing occupancy of a Residential Rental Unit shall be considered a separate lease transaction.

 

§604. IMPOSITION OF TAX.

A tax is hereby levied and imposed, for general Borough purposes, on every Lease Transaction, at the rate of thirty ($30.00) dollars.

 

1. The foregoing tax shall be levied upon all Lease Transactions which authorize a person to be an Occupant of a Residential Rental Unit on or after January 1, 2007, regardless of when such person or persons commenced occupancy of the Residential Rental Unit.

 

2. No tax shall be imposed more than once each calendar year on Lease Transactions involving the same individual Residential Rental Unit.

 

§605. PAYMENT DATES.

The tax imposed under this Part shall be payable to the Borough by the Owner of each Residential Rental Unit which is the subject of a Lease Transaction. The tax shall be payable on January 1, 2007, and annually thereafter so long as the Residential Rental Unit is the subject of a Lease Transaction. In the case of any Residential Rental Unit which is first the subject of a lease transaction after January 1, 2007, such tax shall be payable at the time of issuance of a Residential Rental License under Chapter 11, Housing, Part 1, Residential Rental Unit Regulation, and thereafter on or before January 1 of each year as long as the Residential Rental Unit is the subject of a Lease Transaction.

 

§606. COLLECTION AND DISPOSITION.

1. The Manager of the Borough shall be and hereby is appointed the collecting agent for the collection of the tax.

 

2. The payment of the tax imposed by this Part shall be evidenced by a receipt setting forth the date and amount of payment, the name of the payee, and the identification of the Residential Rental Unit which is the subject of the Lease Transaction for which the tax is paid.

 

3. The Manager or agent shall submit a written report to the Finance Committee on or before the tenth day of each month setting forth the total amount of tax collected and deposited during the preceding month.

 

4. The Manager is authorized and empowered to prescribe, adopt and promulgate rules, regulations and forms relating to any matter or thing pertaining to the administration and enforcement of this Part and the collection of the tax, interest and penalties hereby imposed and may appoint assistants to collect the tax and administer this Part, subject to the approval of Borough Council.

 

§607. INTEREST AND PENALTIES.

1. Any tax imposed under this Part, which is unpaid more than 30 days after the date such tax is due and payable, shall be subject to interest at the rate of 1% per month or fractional part of a month until paid in full.

 

2. A penalty of 10% is hereby imposed upon all taxes which are unpaid more than 30 days after they are due and payable in accordance with the provisions of this Part. Any penalties imposed pursuant to the terms of this Section shall be a penalty upon the entire unpaid balance which shall include the tax plus any accumulated interest to date.

 

§608. RECOVERING OF TAXES AND PENALTIES.

All taxes imposed by this Part, together with interest from the due date and the penalty thereon, may be recovered as other debts of like character are now by law recoverable.

 

§609. VIOLATIONS AND PENALTIES.

1. It shall be unlawful for any Owner of a Residential Rental Unit to:

 

A. Enter into a lease transaction without having paying the tax imposed by this Part.

 

B. Fail, neglect or refuse to comply with or violate the rules and regulations prescribed, adopted and promulgated under the provisions of this Part.

 

2. Any person convicted before a District Justice of violating any of the provisions of this Part shall be liable to a fine not exceeding $600.00 for each and every offense. The payment of such fine or the serving of such imprisonment shall not relieve the person liable for such tax to pay such tax, interest, and penalties. Each day that an offense continues shall constitute a separate violation of this Part.

 

Section 2. All other sections, parts and provisions of the Code of Ordinances of the Home Rule Borough of Edinboro shall remain in full force and effect as previously enacted and amended.

 

Section 3. In the event any provision, section, sentence, clause, or part of this Ordinance shall be held to be invalid, illegal, or unconstitutional by a court of competent jurisdiction, such invalidity, illegality, or unconstitutionality shall not affect or impair the remaining provisions, sections, sentences, clauses, or parts of this Ordinance, it being the intent of Council that the remainder of the Ordinance shall be and shall remain in full force and effect.

 

Section 4. This Ordinance shall take effect and be in force from its enactment as provided by law. The tax established hereunder shall become effective on January 1, 2007.

 

DULY ORDAINED AND ENACTED this _____ day of, 2007, by Council of

The Home Rule Borough of Edinboro, Erie County, Pennsylvania, in lawful session duly assembled.

 

Discussion followed regarding dates needed to be updated and that the Ordinance Review Committee would meet before the next meeting to make sure it was updated correctly.

The Ordinance 1st reading 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.

           

Personnel Committee:  Nothing to report.

Recreation & Lake & Environment – Nothing to report. 

Public Safety:  - Nothing to report.

Committee of the Whole:  Mayor Horne stated they would be meeting in a workshop to review the PEL study on February 19th at 6:30 p.m.

 

SOLCITOR:  not present.

 

Manager Jemetz report:  Manager Jemetz reviewed his written report in detail to Council. 

 

Manager Jemetz asked for approval of Resolution 7-2007 regarding a joint purchasing agreement with Washington Township for a pair of pumps.  Clifford Allen moved adoption of resolution 7-2007 as follows:

 

Home Rule Borough of Edinboro

Resolution No. 7-2007

 

WHEREAS, the Home Rule Borough of Edinboro and Washington Township of Erie County, Pennsylvania will be operating an inter-municipally, cooperative project to purchase dual portable pumps for emergency dewatering and interim effluent rerouting, and,

 

WHEREAS, the Home Rule Borough of Edinboro wishes to participate in said inter-municipally, cooperative project,

 

AND WHEREAS, the Pennsylvania Department of Community and Economic Development makes available grants-in-aid to such projects through the Shared Municipal Services program,

 

NOW, THEREFORE, BE IT RESOLVED that the Council of Home Rule Borough of Edinboro, Erie County, Pennsylvania, hereby authorizes the Washington Township, Erie County, Pennsylvania to make application for such a grant on our behalf.

 

AND BE IT FURTHER RESOLVED that the Council of the Home Rule Borough of Edinboro, Erie County, Pennsylvania at its regularly scheduled meeting of February 12, 2007, hereby allocates municipal resources for one quarter cost of the project not to exceed twenty thousand dollars ($20,000) to said project. 

 

H. Robert Cannell seconded the motion and it passed by 6-0 roll call vote:  Dennis Travis, absent; Clifford Allen, yes; Gregory Lucas, yes; Robert Cogan, yes; Jean Davis, yes; H. Robert Cannell, yes; and Mary Ann Horne, yes.

 

            Jean Davis moved acceptance of FY2006 modification as presented earlier at CDBG public hearing prior to this meeting.  This modification is an elimination of the activity Public/Community Facilities activity – Sidewalk over the Darrow Road Bridge and freeing up $53,000 to be used to assist in the FFY2006 Recreation Facilities activity, Lakeside Drive Access Trail.  Greg Lucas seconded the motion and it passed by 6-0 voice vote.

 

Community Liaisons:

Environmental Shade Tree Advisory Committee:  Mary Ann Horne reported they met and looked at plans from Our Lady of the Lake church.  They will be getting more green space in the parking lot and will see final plans and walk the area this spring.

 

Washington Township:  Jean Davis reported they discussed the pump agreement and the joint plan.

 

            Authority:  Jean Davis stated they met before this meeting and the Water Authority is looking at replacing the balls in the air stripping tower this summer.  The old well will be put on line for 3 days while the balls are replaced and notification will be given to all residents.  The Municipal Authority discussed the pump purchase and approved of the joint purchase agreement.

 

           

Other Old Business:

 

COMMUNICATIONS:

Letter from Watershed Association dated February 5, 2007 urging Council’s support of joint sewer treatment facility was read by Mayor Horne.  Another letter stating the same material was received from Representative John Evans.  A news article from the Erie Time dated January 26th regarding the “Study: State should help fund public college towns” 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 Mayor asked for a motion for adjournment.

 

Adjournment:

            Clifford “Kip” Allen moved for adjournment, and the meeting was adjourned at 7:50 P.M.

 

 

ATTEST:

 

 

 

_______________________________               _____________________________

Manager T. Jemetz                                                   Mayor Mary Ann Horne


 

HIGHLIGHTS

February 12, 2007

 

COUNCIL APPROVED:

·        Payment of bills

·        Payroll

·        Minutes

·        Ordinance 545 – Codification 2nd reading

·        Approve Resolution 7-2007  Joint purchase with Washington Township

·        Ordinance 541 – Residential Rental Lease Tax 1st reading

·        Authorize advertisement  Ordinance 541

·        Authorize $10,000 payment to EVFD toward purchase new equipment – one time amount

 

POSTPONED

·        Resolution 8-2006 –Policy special events

·         

UPCOMING MEETINGS:

·        Ordinance Review –

·        Public Safety –

·        Building, Streets & Grounds Committee –

·        Personnel Committee –

·        Recreation/Lake/Environment –

·        Finance Committee – Monday Feb 26th 4 p.m.

·        Committee of the Whole   - Meeting in Feb 19th 6:30 p.m. on PEL Study recommendations

 

MANAGER INSTRUCTED TO:

  1. Policy for use of Tasers
  2. Advertise Ordinance for adoption
  3. Review purchase of tires for water department
  4.  

 


 

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

February 12, 2007

6:45 p.m. Public Hearing CDBG Modification to FY2006

Public Hearing CDBG on Final Synopsis for FY2007-cancelled

7 p.m. 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 __A____, 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

·         Regularly Scheduled Meeting on January 22, 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.  Fire Chief Matt Seagren – 2006 Annual Report of EVFD

VI.       Old Business –
A.  Committee Reports –

1.       Finance Committee/Pension Committee/ Negotiation Committee –Jean Davis Chair-

a)      Met February 12   -- 3:30 p.m.

b)       Authorization to approve bills paid February 12, 2007               

Action:  Motion to approve bills totaling $ 110,143.27

 

c) Authorization to approve payroll ending January 27 paid February 2, 2007 totaling $4,735.23

dtasers – grants/costs reviewing

2.       Cable TV Committee – Dennis Travis Chair

3.       Ordinance Review Committee – Jean Davis Chair  

a)      Codification – General Code (Penns Valley)- Advertised to adopt-  2nd reading (Final reading & adoption 2/26/2007)

b)      Ordinance 541Residential Rental Lease Tax- based on Millersville Ordinance- to lawyer for review

4.       Personnel Committee – Robert Cogan Chair

5.       Public SafetyGreg Lucas

6.       Recreation/Lake/Environment – Kip Allen  

7.       Street, Buildings, and Grounds- Robert Cannell Chair   

8.       Committee of the Whole 

a) Planning & Priorities-

b)  Workshop Feb 19th 6:30 p.m. to review of PEL Study

 

B. Solicitor's Report:

C.  Management's Report:

1.  Manager Jemetz Report

      a)  Inter-municipal cooperative project – Resolution 7-2007

            2.  Finance

             3  Personnel 

            4    Emergency Management

            5.   EVFD:  Annual 2007 Installation of Officers & Awards Banquet

6.   Police

7.   Employee Safety Committee

8.   Code Enforcement/Planning/Zoning  

9.   Public Works

10.  Wastewater Collection & Treatment

11.  Water System 

12.  Community Development/Project Coordination

 

            D.  Community Liaisons

1.       EUP Liaison – Mary Ann Horne

2.       Environmental Shade Tree Advisory Committee – Mary Ann Horne

3.       Erie County Borough –volunteer as needed

4.       Erie County Planning Liaison – Bob Cannell alt Manager Jemetz

5.       EVFD Board Liaison – Bob Cogan

6.       PLCM  – Manager Jemetz & Kip Allen

7.       PLCM Local Group – Dennis Travis alt Mary Ann Horne

8.       Washington Township Liaison  - Jean Davis alt Greg Lucas

9.       Authority –Jean Davis alt Kip Allen

10.   EUP Administration  - Kip Allen

11.   Watershed Association  - Mary Ann Horne

E. OTHER OLD BUSINESS:

      1.

VII. Communications

A.                                                                                                                                                                                         A.  Watershed Association February 5, 2008 - FYI

B.                                                                                                                                                                                         B.  News article January 26th “Study: State should help fund public-college towns” –FYI

C.                                                                                                                                                                                         C.  Representative John Evans – FYI

VIII. New Business

A) 

 

IX.      Adjournment

                

                             2007 EDINBORO BOROUGH COUNCIL

7 PM;  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