Home Rule Borough of Edinboro

Council Minutes

March 26, 2007

Call to Order:

Mayor Horne called the meeting to order on Monday, March 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 Manager “TJ” Jemetz, and Assistant to the Manager Marie Lander. Guests present were Erin Thompson; Michael Ball; Lauren Voish, Boro Online EUP; Adam Sullivan; Nancy Crawford; Josh Nauk, EUP SGA; Audrey Scruton of Edinboro News; and Ryan Smith of Meadville Tribune.

Approval of Minutes:

Robert Cogan moved approval of Regular Meeting minutes of March 12, 2007. Clifford Allen 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 to amend the agenda to add the Resolution 9-2007 under new business regarding honoring the GM Basketball team. Greg Lucas seconded the motion and the agenda was amended by 6-0 voice vote. Jean Davis moved acceptance of the agenda as amended and Greg Lucas seconded. With no objections the agenda passed by 6-0 voice vote.

Public Participation:

Nancy Crawford, Edinboro thanked everyone on Council for their diligence with Washington Township.

Adam Sullivan, Banff Drive. He asked about Ordinance 541 he felt it was crazy. He stated the students will see the wrath of this. Manager Jemetz stated the tax would be distributed evenly to all residential rental properties. Mr. Sullivan stated that he searched the web and the only two municipalities with this tax are Millersville and Edinboro. Clifford Allen responded that Millersville is another host municipality. They have the same income streams as other university type municipalities and similar difficulties with cash streams. Yes, students are renters but also all other rentals such as summer cottages and housing on 6N will all be equally affected. You could buy a home and live in it and you would not have to pay a rental tax. We provide services with these funds. With the $52 EMS tax being pushed by legislators to exempt students or anyone making $12,000 or less of income, the only thing students will be paying to the Borough would be this rental tax of $30 per unit ($15 if shared by 2 residents) toward streets, sidewalks, and lights are just a few items this tax covers while the EMS tax went toward police and fire. Greg Lucas stated that if he moved into a dorm there would be no cost for a lease. Mr. Sullivan stated that the Borough is taxing students all the time. You will only make $30,000 not a lot. Manager Jemetz informed him that residents pay real estate tax and earned income tax and the Borough is trying to spread the income sources across the board. The students who share a unit will possibly pay a percentage depending on the landlord wishes to pass the costs on to the students. If costs are passed on to a pair of students, who share an apartment, they would pay $15 per year. That would not be too much to ask. If there are four students in a rental unit, the cost per student per year would be $7.50.

Being no other persons present wishing to speak on agenda items or non agenda items, the Mayor moved on to old business.

Old Business:

Committee Reports:

Finance Committee: Jean Davis, Chair reported that they met today and answered questions and concerns of committee, were still waiting for taser policy to come back from the Chief, and worked on the policy for Borough Council travel which will be in the packets next time.

We also reviewed the bills and purchase orders. Jean Davis moved acceptance of the bills paid March 26, 2007 totaling $207,110.86 and Clifford Allen seconded. The motion passed by 6-0 voice vote.

Jean Davis moved to approve payroll ending March 10, 2007 and paid March 16, 2007 for $49,654.76. Clifford Allen seconded the motion and it passed by 6-0 voice vote. Robert Cogan asked about the new format on payroll and Mayor Horne stated the change made it easier to read the overtime.

Ordinance Review Committee: Jean Davis, Chairman moved to accept the second reading of the Residential Rental Tax Ordinance 541 and Robert Cannell seconded.

Discussion followed. Clifford Allen asked when it would take effect and Manager Jemetz told him May 9, 2007. Manager Jemetz stated it is for a twelve month period and paid once annually. Clifford Allen asked about people with 3 year lease dated prior to May 2007. Manager Jemetz stated it doesn’t matter it is a twelve month period and would be in effect. Clifford Allen stated that this was unfair and he would not vote for the ordinance. Manager Jemetz stated that leases renew annually. Mr. Allen stated he had 3 year leases and they are guaranteed for those three years. Clifford Allen called for the questions.

The 2^nd reading passed by 5-1-0 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.

Public Safety: - Nothing to report.

Recreation & Lake & Environment – Clifford Allen requested meeting to discuss life guards, beach sand, docks availability and advertising for open docks, dates of spraying lake, and triathlon. We also need to do a walk around to make sure all is safe.

Manager Jemetz stated the Triathlon would be June 9^th and the spraying was after the event. He also informed Council that he was working with the American Legion on life guards and that the YMCA would work with us if the American Legion is not interested. Letter on the docks has gone out and we can advertise any open docks. The Reward spraying will be increased from 40 gallons to 60 gallons this spring with 1/3 being paid by Washington Township, 1/3 by the Watershed Association, and the balance by the Borough.

Building, Streets & Grounds – Robert Cannell had nothing to report

Committee of the Whole: Jean Davis reported that they met March 19^th with the appointed Auditors. The Audit report for 2006 was an excellent report and the Borough is in a better position this year, as it is getting it’s general fund straightened out.

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

Manager Report:

Manager Jemetz reviewed his written report in detail with Council. We are waiting results of grant applications for Taser procurement. Chief is writing a physical security policy for Tasers and policy on use.

Solicitor Marsh sent a letter to DEP attorney, for her concurrence, with the Borough’s request for the Judge to formally lift the Consent Decree. DEP attorney has returned it with minor changes. Solicitor Marsh will send it on to the Judge this week.

Phase V, Downtown Renovation project is currently being advertised for contractor bids with target date of late May to begin.

Survey of Lakeside Access Trail shows some hurdles to over-come on this project. A meeting with the owner of buildings that house the Bagel shop is planned and meeting with Building, Streets & Grounds Committee.

A very rough Draft agreement from HRG has been received and will be reworked prior to negotiating with the Township.

Manager attended PELRAS training March 21-23.

PLCM will hold Regional meeting at Nick’s place on April 3^rd all were reminded to attend.

Manager and Mayor attended Downtown Redevelopment meeting in Union City. Invitations were sent to 85 business owners and property owners but none were present.

Town and Gown meeting scheduled for tomorrow at 1:30.

Manager will brief Senator Earll on March 26^th on the main topic in the PEL study as well as sewer agreement and grants.

Robert Cogan asked for a copy o the draft agreement to review scope work. He asked about borrowed funds by Township to put pipe in. Manager Jemetz stated they had the funds borrowed years ago that they are using to put the pipe in. Mr. Cogan stated he was concerned that several carts were coming before the horse of an agreement between the Borough and the Township. He stated discussions in the Township over taxing all residents to fund the project of a new plant at their plant or ours or just charging the users to pay the loan could be a delaying controversy. These are some of the questions that need to be figured out first.

Jean Davis stated that how the Township get the funds is not the Borough’s problem or how they spend their funds. We have to make sure we do not spend our funds and will not spend our resident’s funds to resolve Township sewer problem. Robert Cogan stated “Amen.”

Finance: Audits have been advertised as required by law.

Personnel: Advertisement of public works opening with the notice from John Alcorn leaving to work for the Union as equipment operator.

Police: Reports were available for review. Mr. Cannell noted that crime and traffic arrests were down over last year for the same period of time.

Public Works: New sweeper was put into service on March 22, 2007. Greg Lucas stated it was doing a nice job to refresh the streets after winter.

Community Development/Project Coordination: Mayor Horne introduced Resolution 5-2007 as follows:

RESOLUTION OF APPROVAL

FFY 2007

COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION

Resolution No. 5 -2007

WHEREAS, Act 179 of 1984 established the Pennsylvania Community Development Block Grant (CDBG) Entitlement Program to financially assist municipalities with a number of community development needs principally benefiting low and moderate income citizens; and

WHEREAS, Edinboro Borough's FFY 2007 entitlement is $132,725 with $23,890 being ear- marked for Program Administration leaving a balance of $108,835 for a wide range of eligible projects and activities; and

WHEREAS, the projects contained in the CDBG Application address needs identified in the Three Year Community Development Plan and principally benefit low and moderate-income persons; and

WHEREAS, a Final Synopsis was published identifying the projects and activities to be undertaken with the Borough's 2007 CDBG Entitlement funds, and this CDBG Application has been prepared and made available for public inspection in accordance with this Final Synopsis; and

WHEREAS, the Borough of Edinboro certifies its compliance with the requirements contained in the "Statement of Assurance," included herewith as part of this Application; and

WHEREAS, pursuant to the "Statement of Assurance," the Borough has, among other actions, complied with the following CDBG requirements:

1. Has conducted public hearings pursuant to public notices as required to satisfy the citizen participation process by publishing the Preliminary and Final Synopsis of the FFY 2007 CDBG Application and has provided for public review and comment of this Application.

2. Has published the required Fair Housing Notice and has designated Taras Jemetz, Borough Manager, as the Borough's Fair Housing Officer.

3. Has developed a Minority Business Enterprise (MBE) Plan and MBE Goal for 2007 which is attached hereto and included as part of this application; and

4. Has designated Taras Jemetz, to serve as the Borough's official representative for this Application.

NOW, THEREFORE, BE IT RESOLVED that Edinboro Borough Council does officially approve this FFY 2007 CDBG Application; and

BE IT FURTHER RESOLVED that Edinboro Council authorizes its Mayor to sign this CDBG Application on behalf of the Council and directs that it be submitted to the Pennsylvania Department of Community and Economic Development by May 4, 2007.

Adopted this 26th day of March, 2007.

Clifford Allen moved to accept resolution 5-2007 as presented and H. Robert Cannell seconded. The motion 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.

Mayor Horne introduced Resolution 8-2007 as follows:

FAIR HOUSING RESOLUTION

NO. 8-2007

LET IT BE KNOWN TO ALL PERSONS of the Borough of Edinboro that discrimination in the sale, rental, leasing, financing of housing or land to be used for construction of housing, or in the provision of brokerage services because of race, color, religion, ancestry, sex, national origin, handicap or disability is prohibited by Title VIII of the Civil Rights Act of 1968 (Federal Fair Housing Law) and the Pennsylvania Human Relations Act. It is the policy of the Borough of Edinboro to implement programs to ensure equal opportunity in housing for all persons regardless of race, color, religion, ancestry, sex, national origin, handicap or disability or familial status (families with children). Therefore, the Borough of Edinboro does hereby pass the following Resolution.

BE IT RESOLVED, that within available resources the Borough of Edinboro will assist all persons who feel they have been discriminated against because of race, color, religion, ancestry, sex, national origin, handicap or disability or familial status (families with children) to seek equity under Federal and State laws by filing a complaint with the Pennsylvania Human Relations Commission and the U.S. Department of Housing and Urban Development.

BE IT FURTHER RESOLVED, that the Borough of Edinboro shall publicize this Resolution and through this publicity shall cause owners of real estate, developers, and builders to become aware of their respective responsibilities and rights under the Federal Fair Housing Law, the Pennsylvania Human Relations Act, and any local laws or ordinances.

FURTHER PUBLICITY will at a minimum include, but not be limited to: (1) the printing and publicizing of this resolution and other applicable fair housing information through local media and community contacts; (2) distribution of posters, flyers, and any other means which will bring to the attention of those affected, the knowledge of their respective responsibilities and rights concerning equal opportunity in housing.

Jean Davis moved acceptance of Resolution 8-2007 and Robert Cogan seconded. The motion 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.

Mayor Horne introduced Executive Order 116235 as follows:

BOROUGH'S STATEMENT OF GOALS

NATIONAL PROGRAM FOR MINORITY AND WOMEN BUSINESS ENTERPRISE

EXECUTIVE ORDER 116235

1. The Borough of Edinboro hereby sets as its goal for utilization of minority and women businesses through its contracts for public works, site clearance and demolition, supplies and services a target of $5,442 of its projects budgeted as its MBE goal and $3,265 as its WBE goal, or 5.0% for MBE and 3.0% for WBE for Edinboro Borough's non-administrative FFY 2007 CDBG Program.

2. As part of the preparation of the contract documents, the Borough of Edinboro will analyze the specific instruction, site clearance and demolition projects and will determine for each specific CDBG contract, a goal and percentage amount which represents in the judgment of the Borough to be the maximum feasible involvement of minority and women business. Thus, individual projects may vary from the stated percentage goal. It is expected during the course of the year, however, that the total volume awarded to minority or women businesses will approximate goals stated above.

Adopted this 26th day of March, 2007.

Clifford Allen moved acceptance of executive order 116235 and Jean Davis seconded. The motion passed by roll call vote of 6-0 as follows: Robert Cogan, yes; Jean Davis, yes; Dennis Travis, absent; Clifford Allen, yes; Gregory Lucas, yes; H. Robert Cannell, yes; and Mary Ann Horne, yes.

Community Liaisons:

Washington Township: Greg Lucas reported that he attend the meeting. Manager Anthony had no problems with Angling Road plant during the snow thaw and rain event recently. They have transferred sludge for the interim and the measure is working. They are negotiating a cable franchise. They will be purchasing an electric pump for the force main and had an executive session. When they came out of executive session they voted to accept the COA from DEP. They are also working on buying a paver with McKean Township.

Watershed Association: Mary Ann Horne reported that they met last Thursday and agreed to pay costs of 1/3 of the reward spraying of the lake. They also plan to sell stickers with “EDL” on them for $20 to pay toward the costs of spraying the lake.

Other Old Business:

COMMUNICATIONS:

Being no communications the Mayor moved on to New Business.

NEW BUSINESS:

Mayor Horne introduced Resolution 9-2007 as follows:

. Home Rule Borough of Edinboro

Resolution No. 9-2007

WHEREAS; it is the tradition for the Edinboro Borough Council to recognize individuals for outstanding community service and achievements, and

WHEREAS; the General McLane Lancer Basketball team represented General McLane (GM) and our Greater Edinboro Community in the PIAA-AAA State Championship Basketball Game in State College on March 23, 2007, and

WHEREAS; the Borough Council and the Community wishes to congratulate the GM Lancer Basketball team on their victory, and

WHEREAS; this is the first time in Pennsylvania history a school has won both a football and boys basketball title in the same academic year, and

WHEREAS; the Council unanimously voted to officially recognize and congratulate the GM Lancer Basketball team, coaches, and staff for their achievements and for the distinction that they have earned by winning 57-55 against Greencastle Antrim Basketball team, and

NOW, THEREFORE, BE IT RESOLVED that the Council of Home Rule Borough of Edinboro, Erie County, Pennsylvania, on this 26^th day of March, 2007, that April 4, 2007 be officially named the “General McLane Lancer Basketball Day” in honor of their winning the PIAA-AAA State Basketball Championship.

Clifford Allen moved acceptance of Resolution 9-2007 and Greg Lucas seconded.

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

Clifford Allen stated the turnout was impressive for the players. The team even got out of the bus and walked down the main street. They are all great children.

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

Adjournment:

Greg Lucas moved for adjournment, and the meeting was adjourned at 7:50 P.M.

ATTEST:

_______________________________ _____________________________

Manager T. Jemetz Mayor Mary Ann Horne

HIGHLIGHTS

March 26, 2007

COUNCIL APPROVED:

· Payment of bills

· Payroll

· Minutes

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

· Resolution 5-2007 – CDBG FFY2007

· Resolution 8-2007 - CDBG

· Executive Order 116235

· Resolution 9-2007 – Honoring GM Basketball Team

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 – Docks, Sand, life guards, weed spraying

· Finance Committee – Monday April 9^th 4:00 p.m.

· Committee of the Whole

MANAGER INSTRUCTED TO:

Set up meeting Building, Streets & Grounds
Set up meeting Recreation/Lake/Environment

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

March 26, 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___.

III. Approval of Minutes

· Regularly Scheduled Meeting on March 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 –

VI. Old Business –

A. Committee Reports –

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

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

b) Authorization to approve bills paid March 26, 2007

Action: Motion to approve bills totaling $

c) Authorization to approve payroll ending March 10, 2007 and paid March 16, 2007 totaling $49,654.76

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 541 –second reading final to be adopted April 9th

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 was held March 19^th

B. Solicitor's Report:

C. Management's Report:

1. Manager Jemetz Report

2. Finance – Advertise audits - FYI

3. Personnel - Opening in Public Works Department

4 Emergency Management

5. EVFD

6. Police – Monthly Report

7. Employee Safety Committee

8. Code Enforcement/Planning/Zoning

9. Public Works

a) New Sweeper arrived Thursday March 22, 2007

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. 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 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..