Home Rule Borough of Edinboro

Council Minutes

March 12, 2007

Call to Order:

Mayor Horne called the meeting to order on Monday, March 12, 2007 at 7:10 p.m. following a presentation of appreciation to Daniel McLaughlin for his many volunteer years of service as Councilman and most recently over 20 years with the Municipal Authority and Water Authority as Chairman.

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 Greg Lessig; Gary Barbour; Boy Scout Troop 176; Audrey Scruton of Edinboro News; and Ryan Smith of Meadville Tribune.

Approval of Minutes:

Clifford Allen moved approval of CDBG Hearing and Regular Meeting minutes of February 26, 2007. Robert Cannell 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 moved acceptance of the agenda as presented and Greg Lucas seconded. With no objections the agenda passed by 6-0 voice vote.

Public Participation:

No one wished to speak on agenda items.

No one wished to speak on non agenda items.

Old Business:

Committee Reports:

Finance Committee: Jean Davis, Chair reported that they met today and reviewed the bills and purchase orders. Jean Davis moved acceptance of the bills paid March 12, 2007 totaling $42,266.45 and Robert Cannell seconded. The motion passed by 6-0 voice vote.

Jean Davis moved to approve payroll ending February 24, 2007 and paid March 2, 2007 for $51,416.42. Greg Lucas seconded the motion and it passed by 6-0 voice vote.

Policy regarding tasers is still being reviewed and grants have been applied for.

Finance Committee also discussion preparing a policy regarding use of municipal vehicles and use of Council’s own vehicles regarding sanctioned activities. This is being reviewed because of insurance coverage and council needs to approve as is done by employees and anyone so we have no problem with insurance in the future if the Council desires to adopt this policy.

Ordinance Review Committee: Jean Davis, Chairman reported that the Residential Rental Tax based on Millersville Ordinance was re advertised and they would vote at a later time on this ordinance. Mr. Allen asked about litigation in the courts regarding the Millersville Ordinance and Robert Cogan noted that it passed litigation court tests in Lancaster County; and the Commonwealth Court; and is presently on the docket for the PA Supreme Court. Mr. Cogan stated it was not a reported opinion but was published for 30 days on the Commonwealth Court internet site and then taken down.

Manager Jemetz stated the effective date will be May 9^th. Mr. Cogan stated he had two questions. One was that he had an objection to being presented with different material on his desk just prior to the meeting. He said that he has repeatedly asked for at least one day prior to any Council meeting to read new material. He also stated that the date change would mean that the Borough would not get to collect the tax for next year. Manager Jemetz stated the change is because of the need to re-advertise the ordinance and would not be in effect until 30 days after adoption. The lease tax will be due annually on July 15^th. Mayor Horne tried to explain that the ordinance needed to be re-advertised three times and not be in effect for 30 days after adoption. Manager Jemetz stated that there is no change in the ordinance except the dates and this was because of a technical problem in the information in the advertisement and it needed to be re-advertised per Attorney Marsh.

Clifford Allen stated that the Borough can not base its law case if needed on the Millersville’s case. Manager Jemetz stated that our legal counsel felt that we need to keep the ordinance the same as the Millersville Ordinance so we don’t need to defend since they have defended it.

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 meet next Monday, March 19^th at 6:30 p.m. for the auditors to review the 2006 audit. Copies were available for review prior to that meeting. Clifford Allen asked if there was a separate letter from the Auditors. It was explained that it was part of the audit booklet.

SOLCITOR: Ritchie T. Marsh was not present and no information was available.

Manager Report:

Manager Jemetz reviewed his written report in detail with Council. Taser policy is being reviewed for details in the use of force. Solicitor Marsh has sent a letter to DEP attorney, for her concurrence, with the Borough’s request for the Judge to formally lift the Consent Decree. We have also received a letter of concurrence from DEP’s Mr. Gilson which will be attached to the request. Phase V renovation project was to be advertised on March 8^th and the target would be on or about mid-May. Lakeside Access trail has been surveyed and there are a few encroachments but with changes we can overcome the hurdles and get a sidewalk safely in with 2 lanes of traffic. HRG has prepared and submitted their cost estimate for preparing a plant re-rating proposal for DEP consideration as well as two inter-municipal agreements for taking and treating Township wastewater in the interim. The Township voted to accept HRG’s price proposals with some conditions.

Robert Cogan asked who would be signing the agreement. Manager Jemetz stated he felt that all four entities would sign the interim agreement. Mr. Cogan stated he would like to see the agreements in advance before discussing at a meeting. We need to review our projects in the Borough and make sure we have enough water before giving 600,000 gallons reserve capacity to the Township when we may need them ourselves. Mr. Cogan stated that the Borough should project R-2 density all along the east side of Perry lane from 6N to Kinter Hill Road before deciding whether 600,000 gallons reserve capacity can be granted. Manager Jemetz explained that the development in the Borough would not be impacted by any agreement with the Township and that the Township will purchase their own capacity. Jean Davis explained that they had figured on growth in the Borough for sewer capacity and also contacted landowners with property to make sure that capacity was figured for the interim.

Manager Jemetz went on to explain that he would meet with the Township and HRG regarding clarification of costs. The auditors will be here for an out-brief on March 19^th. He would be attending the PELRAS raining conference March 21-23 at State College. He attended the University network meeting of PLCM regarding PEL study via phone conference on March 6^th. PLCM will have their regional meeting at Nick’s place on April 3^rd.

Clifford Allen gave a short review of the University Network meeting March 6^th, which he co chaired with the Manager of Lock Haven, Rick Velaro. They discussed the PEL study; PILOT (payment in lieu of taxes); and HB754 (alcohol tax). He also met with the Chairman of the Board of Governors and has asked for a meeting with the Chancellor of SSHE. Mr. Allen also reported that he gave a copy of the PEL study (study of university communities to see if any financial burden while hosting universities) to Dr. Pogue.

Community Liaisons:

Washington Township: Jean Davis reported that she could not attend but Attorney Benson informed her that her citizen group was joining in intervention with the DEP on Washington Township’s appeal of the ban against it. The contract with HRG was discussed and copy of Washington Township’s response is in Council’s packets.

Authority: Jean Davis reported they met tonight and everything has been covered regarding Washington Township. She gave a copy of the Chapter 94 summary to Robert Cogan who had questions on capacity for his review.

Other Old Business:

COMMUNICATIONS:

Clifford Allen had the executive board meeting Erie County Borough Association notice for March 21^st if someone was interested in attending.

Mayor Horne read a notice that Clifford Allen was appointed to the policy committee on Natural Resources for PLCM.

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

NEW BUSINESS:

Mayor Horne thanked Boy Scout Troop 176 for attending.

Scout Lucas from 102 Kinter Hill Road asked about the gravel rocks that have caused two accidents at the corner of Water Street and Kinter Hill Road. He was informed that this was a Township Road and his observation would be sent on to them.

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

Adjournment:

Jean Davis moved for adjournment, and the meeting was adjourned at 8:50 P.M.

ATTEST:

_______________________________ _____________________________

Manager T. Jemetz Mayor Mary Ann Horne

HIGHLIGHTS

March 12, 2007

COUNCIL APPROVED:

· Payment of bills

· Payroll

· Minutes

· Ordinance 541 – Residential Rental Lease Tax- re-advertised

POSTPONED

· Resolution 8-2006 –Policy special events

· Policy for use of Tasers

· Policy on use of Borough Vehicles and reimbursements for expenses

UPCOMING MEETINGS:

· Ordinance Review –

· Public Safety –

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

· Personnel Committee –

· Recreation/Lake/Environment –

· Finance Committee – Monday March 26^th 4 p.m.

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

MANAGER INSTRUCTED TO:

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

March 12, 2007

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___. (Guests-Boy Scout Troop working on Citizenship in the Community).

III. Approval of Minutes

· CDBG Hearing & Regularly Scheduled Meeting on February 26, 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 –

VI. Old Business –

A. Committee Reports –

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

a) Met March 12 -- 4:00 p.m.

b) Authorization to approve bills paid March 12, 2007

Action: Motion to approve bills totaling $ 42,266.45

c) Authorization to approve payroll ending February 24, 2007 and paid March 2, 2007 totaling $51,416.42

d) tasers – Policy; grants; costs reviewing – still in review

2. Cable TV Committee – Dennis Travis Chair

3. Ordinance Review Committee – Jean Davis Chair

a) Ordinance 541Residential Rental Lease Tax- based on Millersville Ordinance- Final 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) Auditor review March 19^th 6:30 p.m.

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:

VII. Communications

A. A.

VIII. New Business

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..

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

III. Approval of Minutes

· CDBG Modification Hearing & Regularly Scheduled Meeting on February 12, 2007

Action: Motion to approve minutes

IV Approve AGENDA

b. Action: Motion to approve agenda

VI. 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)

VI. Old Business –

A. Committee Reports –

9. 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

10. Cable TV Committee – Dennis Travis Chair

11. Ordinance Review Committee – Jean Davis Chair

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

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

12. Personnel Committee – Robert Cogan Chair

13. Public Safety – Greg Lucas

14. Recreation/Lake/Environment – Kip Allen

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

16. 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

12. EUP Liaison – Mary Ann Horne

13. Environmental Shade Tree Advisory Committee – Mary Ann Horne

14. Erie County Borough –volunteer as needed

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

16. EVFD Board Liaison – Bob Cogan

17. PLCM – Manager Jemetz & Kip Allen

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

19. Washington Township Liaison - Jean Davis alt Greg Lucas

20. Authority –Jean Davis alt Kip Allen

21. EUP Administration - Kip Allen

22. Watershed Association - Mary Ann Horne

E. OTHER OLD BUSINESS:

VII. Communications

A. A. Erie Times article Feb 18, 2007 - FYI

VIII. New Business

IX. Adjournment

2007 EDINBORO BOROUGH COUNCIL