HOME RULE BOROUGH OF EDINBORO

CDBG Hearing MINUTES

February 26, 2007

Call to Order:

Monday, February 26, 2007, CDBG hearing was called to order by Mayor Mary Ann Horne at 6:45 P.M       

Present:

 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 Solicitor Ritchie T. Marsh, Manager “TJ” Jemetz, Assistant to the Manager Marie Lander; Michelle Bowen; Laura Miller; Stacey Rosenquest; Audrey Scruton of Edinboro News; and Ryan Smith of Meadville Tribune.

PURPOSE:

The purpose of this hearing is to discuss the FFY2007 Community Development Block Grant Program.  The notice was published on February 12, 2007 as the final synopsis in the Erie Times.

Mayor Horne read the final synopsis as follows:

PUBLIC NOTICE

BOROUGH OF EDINBORO

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

FFY 2007

FINAL SYNOPSIS

The Borough of Edinboro will hold a public hearing beginning at 6:45 PM prior to its regularly scheduled council meeting on Monday, February 26, 2007.  The public hearing will be held in the Council Chamber at the Edinboro Municipal Building, 124 Meadville Street, Edinboro, PA  16412.  The hearing is the final synopsis for the FFY 2007 CDBG Application.

The purpose of this hearing is to review and discuss the proposed activity selected by the Edinboro Borough Council for funding in part or totally with FFY 2007 CDBG funds.  The Borough of Edinboro intends to submit an application to the Pennsylvania Department of Community and Economic Development (DCED) for FFY 2007 Community Development Block Grant (CDBG) funds.  The Borough of Edinboro has not yet been notified by DCED as to the amount of funding available but it is anticipated to be approximately $121,000.  Approximately $100,000 would be available for the following proposed activity:

Public Facilities and Improvements: Route 6N West – Storm Sewer Replacement Project     - Phase I - $100,000

No displacement of families or individuals will be involved.  The above proposed activity was selected after a Public Hearing was held on December 11, 2006 at the Borough of Edinboro Municipal Building to identify the Borough of Edinboro's needs, particularly for low and moderate income families and individuals. Citizen input into the Three-Year Community Development Plan was also invited at the first Public Hearing.

If you are a person with a disability and wish to attend the hearing scheduled for February 26, 2007, and require an auxiliary aid, service or other accommodation to participate in the proceedings, please contact the office staff at (814) 734-1812 to discuss how the Borough of Edinboro may best accommodate your needs.

The Borough of Edinboro has established a goal of 5% ($5,000) for minimum participation by Minority Business Enterprise and 3% ($3,000) for Women Business Enterprise. The exact dollar amount will be determined once the Borough of Edinboro is notified by DCED of the funding amount.

The Borough of Edinboro's FFY 2007 CDBG Application will be considered for final approval by the Edinboro Borough Council at a regular meeting beginning at 7:00 P.M, prevailing time, on March 26, 2007, at the Borough of Edinboro Municipal Building.

Interested citizens may examine a draft copy of the Borough of Edinboro's CDBG Application between March 12, 2007 and March 26, 2007 at the Borough of Edinboro Municipal Building during normal working hours (8:00 AM - 4:00 PM, prevailing time) on weekdays except holidays.  Comments will be accepted until 1:00 P.M. on March 26, 2007.

The FFY 2007 CDBG Application must be submitted to the Pennsylvania Department of Community and Economic Development (DCED) in Harrisburg, PA by April 13, 2007.  The Borough anticipates submitting the application to DCED prior to that date.

Mayor Horne opened the floor for questions and answers period.

Clifford Allen asked with the difference was in minority and women’s business.  Manager Jemetz explained that minority was non Caucasian.    

Mayor Horne explained that the application deadline was changed from April 13^th to May 4, 2007.

There being no further business, Mayor Horne asked for a motion for adjournment.

Adjournment:

            Jean Davis moved for adjournment, and the CDBG Hearing was adjourned at 6:50 P.M.

ATTEST:

_______________________________               _____________________________

Manager T. Jemetz                                             Mayor Mary Ann Horne

Home Rule Borough of Edinboro

Council Minutes

February 26, 2007

Call to Order:

            Mayor Horne called the meeting to order on Monday, February 26, 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 Solicitor Ritchie T. Marsh, Manager “TJ” Jemetz, and Assistant to the Manager Marie Lander.  Guests present were Michelle Bowen; Laura Miller; Stacey Rosenquest; Audrey Scruton of Edinboro News; and Ryan Smith of Meadville Tribune.

Approval of Minutes:

            Robert Cogan moved approval of CDBG Hearing and Regular Meeting minutes of February 12, 2007. Greg Lucas 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.  Clifford “Kip” Allen asked to have added to new business time to clarify Mr. Travis from missing more than 3 meetings.  Per the Home Rule Charter 407 page 4 it discusses vacancy of Council Members.  He wanted time to discuss and give approval of time taken from meeting in the past. 

Robert Cogan moved acceptance of the agenda with the addition by Kip Allen.  Motion was seconded by Greg Lucas.  With no objections of the addition the agenda passed by 6-0 voice vote.

Public Participation:

            No one wished to speak on agenda items.

            Fire Chief Matt Seagren was on the agenda but was not present.

            No one wished to speak on non agenda items.

Old Business:

Committee Reports:

            Finance Committee:  Jean Davis, Chair reported that they met today and discussed the taser policy which is in your packets for review.  We also heard that Chief Craft was applying for grants.  The auditors will be here on March 19^th at 6:30 p.m. to discuss the audit if this date works for most members.  Being no objections the date was set and a reminder will be sent to Council members.  The tax duplicate has been received from Rhonda Walker our Tax Collector showing $553,018 while our budget was approximately $30,000 less to cover discounts and delinquencies.  The new payroll overtime format was used this meeting and if there is no problems with it we will use it in the coming meetings.  Questions in committee regarding maintenance contracts on our copiers taught us that the are increasing in cost because of copiers getting older.  This is a heads up that a new copier maybe needed in the future. 

Jean Davis also informed Council that the committee also reviewed the bills and purchase orders.  Jean Davis moved to approve the bills to be paid February 26, 2007 totaling $98,215.36 and Robert Cannell seconded it.  The motion passed by 6-0 voice vote.

Jean Davis moved to approve payroll ending February 10, 2007 and paid February 16, 2007 for $51,416.42.  Greg Lucas seconded the motion and it passed by 6-0 voice vote.

Ordinance Review Committee:  Jean Davis, Chairman moved to have the final reading of the codification done by General Code Ordinance 545:

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

B.        Revisions

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

B.        Amendments

C.        Repeals

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:

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, 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:

B.        Revised Provisions. The following provisions of the Code are revised, and are summarized as follows:

C.        Repealed Provisions. The following provisions of the Code are repealed, and are as follows:

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 affect any of the remaining Chapters, Parts, Sections, paragraphs, sentences, clauses or phrases of this codification.

ENACTED AND ORDAINED THIS 26th day of February, 2007.

Greg Lucas seconded and the ordinance passed it’s final reading 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 moved to adopt the Residential Rental Lease Tax Ordinance 541 for the second reading 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

§701. SHORT TITLE.

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

§702. 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., and pursuant to the powers of the Home Rule Borough of Edinboro.

§703. 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 means all regulations of any applicable governmental licensing agency including, but not limited to, 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.

§704. 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 March 31, 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.

§705. 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 August 15, 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 August 15, 2007, such tax shall be payable at the time of issuance of a Residential Rental License under Ordinance 535 Chapter 9, Housing, Residential Rental Unit Regulation, and thereafter on or before August 15 of each year as long as the Residential Rental Unit is the subject of a Lease Transaction.

§706. COLLECTION AND DISPOSITION.

1. The Borough Manager or his designated Agent 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.

§707. 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.

§708. 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.

§709. 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 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 March 31, 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.

Robert Cogan seconded the motion and discussion followed.

Kip Allen stated Council needed to understand the rental process and how it works.  Leases are signed for next school year and he felt they were not giving residents a chance to pass on the tax to the leasee.  He asked for discussion on changing the start date until summer of 2008 to give the residents that own rental properties a chance to pass on the tax. 

Robert Cogan thanked Mr. Allen and others involved in the PEL Study in which enabled us to have a case.  In fact he thought this tax was not retroactive to those that already signed leases. 

            Attorney Marsh stated that the date was modified to March 31, 2007 to accommodate observation and it was due by August 15^th.  This is not retroactive and the date could be moved out further if Council wished.  

            Greg Lucas stated they could back date the transaction prior to March 31^st and not pay the tax this year.

            Attorney Marsh stated that in Section 704 explains about every lease transaction and Section 703 spells out what a lease transaction is.  In Section 704 it also states after March 31, 2007 when you enter in transaction which means it is not retroactive.

            Discussion followed regarding the cost not big percentage for the small family owned apartments but maybe big problems for the owners of 100’s of apartments if they were not aware of this tax after March 31^st and they did not add this tax into their charges to the leasee.

            Robert Cogan asked if the ordinance was advertised and Manager Jemetz informed them that they published it in all three newspapers.  Mr. Cogan went on to explain that you never get 100% collection the first year of adoption of a new tax and it would not be retroactive. 

            Robert Cannell called for the vote:

            The ordinance passed 5-1 for the second reading with the following roll call vote:  Jean Davis, yes; Dennis Travis, absent; Gregory Lucas, yes; Clifford Allen, no; Robert Cogan, yes; H. Robert Cannell, 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 met in a workshop to review the PEL study on February 19^th at 6:30 p.m.

SOLCITOR:  Ritchie T. Marsh reported that all easements were received for the PennDOT project and had their approval.  Draft brief to Commonwealth Court regarding the termination on the Decent Decree has been prepared for the Manager and is waiting for review.

Manager Report: 

Manager Jemetz reviewed his written report in detail with Council.  Taser policy is being reviewed for details in the use of force.  March 8^th PennDOT should be starting to advertise the Phase V project for spring construction.  Lakeside Access Trail needs to be reviewed by the Building, Streets, & Grounds Committee to discuss the possibility of one way access on Lakeside Drive from 6N to Ash Street to reduce the easements needed for the Lakeside Access Trail as well as congestion on entering 6N.  This suggestion was given to the Manager by Engineer Steve Halmi.  This will be further discussed after the 6iiN study is complete since they will look at minimizing access to 6N and having possibly a light for safer access. 

Police Report:

            Police Report and Canine report was available for review. 

Mr. Cannell felt that the police force could be reduced if the crime continued to fall as it had 35% for January 2006 compared to January 2007.  Mr. Lucas stated it was too cold for crime in January. 

Mr. Cogan stated that the Council already reduced the police from 10 to 8 in resent years.  If we reduce any more we will not be able to patrol 24 x 7.  It was the police on patrol that saw a fire off campus in the apartments on Thanksgiving and helped save students from the fire.

Mr. Cannell went on to analysis the traffic citations as being down 72%.  Mr. Allen stated that they must of learned the lesson and stay off the roads during the snow.  Jean Davis also stated that there was more non school days this year compared to 2006. 

Jean Davis stated there were two nice letters in the packet about the police force.  One from the PA Commission on crime and delinquency which stated “your department was one of only 158, which consistently returned the reports to VCAP in 15 days or less, which has significantly helped in reducing our overall claim processing time to less than eight weeks”.  The second letter was from PA Attorney General commending officers Senz, Lawrence, Eaglen, Sergeant Donahue, and Chief Craft for their part in the investigation known as “Operation Broken Glass” that resulted in the break-up of a methamphetamine trafficking organization operating in Erie County.”  Jean asked that copies of the letters be put into the officers personnel files.

Code Enforcement/Planning/Zoning Report: 

Report was in the packets, but Council had no questions.

Public Works & Water System Reports: 

Reports were available for review.

Community Liaisons:

Washington Township:  Greg Lucas reported he attended their Feb 20^th meeting.  They had many residents present since they were raising sewer rates to $55 per month.  Manager Anthony also informed them that the rate will never go down and the DEP has informed him that residents can afford up to $94 per month.  Sewer Authority is in the red while the General fund is in the black.  Mr. Lucas stated while our sewer fund is in good condition our general fund is the one that needs help, maybe we need to do something together.  At the meeting they also talked about the application for a joint municipal grant for a pump.  People were complaining they were using general fund dollars for litigation on the BAN by the sewer instead of sewer funds.  The resident lease tax was discussed as well as a brew pub looking at the old Radio Shack location.  Their total real estate is $204,000 with Sheets in their last year of LERTA.  Clifford Allen noted that the Borough sewer rate is only $48.33 for 2 months so once again the Borough looks good compared to $55 per month in Washington Township.

Other Old Business:

COMMUNICATIONS:

News article on Washington Township and the Borough from Erie Times February 18, 2007 was the only item under communication.

Being no further communications the Mayor moved on to New Business.

NEW BUSINESS:

Mr. Allen explained that the Home Rule charter Section 407 on page 4 discusses vacancies and about Council members absent more than 3 regular meetings.  Mr. Allen stated that Council needed to address this issue so not default, since Dr. Dennis Travis has been out since the end of last year because of a stroke.  Clifford Allen moved to excuse the past absents of Dr. Dennis Travis for medical reasons and Robert Cannell seconded.

 Robert Cogan stated he felt there was weaknesses in the Home Rule Charter and hoped someday it would be reworked.  He noted that the qualifications section only required minimal qualifications.  He also informed Council that he ran into Dr. Travis and his wife a couple weeks ago walking in Wal-mart.  He was unable to shake hands but spoke reasonably clear but his voice was weak. 

Kip Allen stated this is just a housekeeping to keep it from default and the issue would be moot until he missed three more meetings.   At that time we will have to address it again.  The motion passed by 6-0 voice vote.

Being no other new business the Mayor asked for a motion for adjournment.

Adjournment:

            Robert Cogan moved for adjournment, and the meeting was adjourned at 8:05 P.M.

            Mr. Cannell stated he would like the Borough to become smoke free.   Discussion followed on there not being enough funds to fight this action in court and that maybe the Governor’s office should make it state wide.

ATTEST:

_______________________________               _____________________________

Manager T. Jemetz                                                   Mayor Mary Ann Horne

HIGHLIGHTS

February 26, 2007

COUNCIL APPROVED:

·        Payment of bills

·        Payroll

·        Minutes

·        Ordinance 545 – Codification – final reading

·        Ordinance 541 – Residential Rental Lease Tax 2^nd  reading

·        Excused past absents of Dennis Travis for medical reason

POSTPONED

·        Resolution 8-2006 –Policy special events

·         

UPCOMING MEETINGS:

·        Ordinance Review –

·        Public Safety –

·        Building, Streets & Grounds Committee – Lakeside Trail & Lakeside One Way

·        Personnel Committee –

·        Recreation/Lake/Environment –

·        Finance Committee – Monday March 12^th 4 p.m.

·        Committee of the Whole  - Monday, March 19^th 6:30 p.m. Auditors review 2006 audit

MANAGER INSTRUCTED TO:

1. Policy for use of Tasers
2. Check with local Goodyear provider for quote when ordering tires
3.  

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

February 26, 2007

6:45 p.m. Public Hearing CDBG on Final Synopsis for FY2007

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 ______, 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

·         CDBG Modification Hearing & Regularly Scheduled Meeting on February 12, 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 – Answer any questions from report received last meeting (2006 Annual Report of EVFD)

2.       

VI.       Old Business –

A.  Committee Reports –

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

a)      Met February 26   -- 4:00 p.m.

b)       Authorization to approve bills paid February 26, 2007               

Action:  Motion to approve bills totaling $98,215.36

c) Authorization to approve payroll ending February 10, 2007 and paid February 16, 2007 totaling $51,416.42

d)  tasers – Policy; grants; costs reviewing

2.       Cable TV Committee – Dennis Travis Chair

3.       Ordinance Review Committee – Jean Davis Chair  

a)      Codification – General Code (Penns Valley)- Final reading & adoption Ordinance 545

b)      Ordinance 541Residential Rental Lease Tax- based on Millersville Ordinance- 2^nd Reading

4.       Personnel Committee – Robert Cogan Chair

5.       Public Safety – Greg Lucas

6.       Recreation/Lake/Environment – Kip Allen  

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

8.       Committee of the Whole 

a) Workshop was held Feb 19^th to review of PEL Study

B. Solicitor's Report:

C.  Management's Report:

1.  Manager Jemetz Report      

            2.  Finance

             3.   Personnel 

            4    Emergency Management

            5.   EVFD

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.  Erie Times article Feb 18, 2007 - FYI

VIII. New Business

A) 

IX.      Adjournment

                             2007 EDINBORO BOROUGH COUNCIL

7 PM; 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 17^th at 4:30 p.m.. 

©Copyright March 2007