Home Rule Borough of Edinboro

Council Minutes

July 9, 2007

Call to Order:

Mayor Horne called the meeting to order on Monday, July 9, 2007 at 7:04 p.m.

Roll Call:

Clifford “Kip” Allen, H. Robert Cannell, Bob Cogan, Greg Lucas, Jean Davis, Dennis Travis, and Mary Ann Horne were present. Others present included Manager “TJ” Jemetz; and Assistant to the Manager Marie Lander. Guests present were Nancy Crawford; Frank Stefano, Washington Township Mayor; Kathy Travis; Ryan Smith of Meadville Tribune; and Meghan Moeslein of the Edinboro News.

Approval of Minutes:

Clifford Allen moved approval of the Regular Meeting minutes of June 25, 2007. Jean Davis seconded the motion and it passed by 5-0-2 voice vote.

Approval of agenda:

Mayor Horne stated that this was an abbreviated agenda tonight with Finance and sewer agreement being the major items for action. She asked for a motion to approve the agenda as printed and posted.

Robert Cogan moved to accept the agenda as posted.

Jean Davis seconded the motion.

Clifford Allen asked that the following be added to the Agenda: Public Safety meeting scheduled this month to discuss Fireworks and taser usage. Also the Police Department hire list should be reviewed and updated by personnel and advertised for applicants if needed. It was agreed to have the Public Safety meeting scheduled for Monday July 16^th at 5 p.m. if the Chief of Police could be present.

With no other comments on the agenda, it passed by 7-0 voice vote.

Public Participation:

Meghan Moeslein introduced herself as the new Edinboro News reporter for Edinboro meetings.

Being no other requests to speak on agenda items or non agenda items, Mayor Horne moved on to old business.

Old Business:

Committee Reports:

Finance Committee: Jean Davis, Chair moved to approve the bills as presented for July 9, 2007 of $69,318.69 and Robert Cogan seconded. Being no comments or questions on the bills the motion passed by 7-0 voice vote.

Jean Davis moved authorization to approve payroll ending June 30^th paid July 6, 2007 totaling $51,677.37. Kip Allen seconded the motion and it passed by unanimous 7-0 voice vote.

Jean stated the next Finance Committee meeting is scheduled for July 23 at 4:30 p.m. where they will review and discuss a new purchase manual that will be in the packets for approval at the next meeting.

Jean Davis also stated that it was time for the six (6) month review of finances and after discussion Council agreed to meet in workshop as a Council of the Whole on July 30^th at 6:30 p.m. to review the reports. Council will be reminded of this meeting later in the month.

Manager Report:

Manager Jemetz stated he only had one item and that was to request authorization by Council to approve and sign the agreement for an Inter-municipal sewer service agreement with the Township of Washington, Erie County.

Jean Davis moved approval of Resolution 16-2007 as follows:

HOME RULE BOROUGH OF EDINBORO

RESOLUTION NO. 16-2007

WHEREAS, at the direction of the Council of the Home Rule Borough of Edinboro and of the Board of the Municipal Authority of the Borough of Edinboro, a team consisting of the Solicitor, the Manager, the consulting Engineer and the Superintendent of Waste Water Collection and Treatment has been negotiating terms and conditions of an inter-municipal sewer services agreement with representatives of the Township of Washington and the Washington Township Sewer Authority; and

WHEREAS, the Borough/Municipal team has reported to Council and the Board that the form of agreement as of this date substantially reflects the most recent requests of the Township/Township Authority negotiators; benefits the ecological concerns of the Edinboro Lake watershed; meets the concerns of the Council/Board that the agreement be businesslike in nature and not be adverse to the interest of the residents of the Borough and the customers of the Authority; and is acceptable to the Borough/Authority negotiating team; and

WHEREAS, Township of Washington approved the Inter-Municipal Agreement on July 3, 2007 and with very minor edits as of July 9th, 2007; and

WHEREAS, the Board of the Municipal Authority of the Borough of Edinboro, assembled 9^th day of July, 2007 recommends the Inter-Municipal Sewer Service Agreement to the Council for the Home Rule Borough of Edinboro for adoption; and

NOW, THEREFOR, BE IT RESOLVED by Council assembled this 9^th day of July, 2007, that the appropriate Borough officials hereby are directed to execute the Agreement presented this date by the Borough Manager.

Robert Cogan seconded the motion and discussion followed.

Clifford Allen noted that on page 25 sections 70 and71 had minor change since the document was reviewed over the weekend by Council but was acceptable to all. He went on to thank Manager Jemetz and staff for their hard work in negotiating this agreement.

Robert Cogan stated, I think the agreement proposed is acceptably protective of both parties and mutually beneficial. And I have a high degree of confidence in the abilities of HRG and our Borough staff to construct and operate the expanded system necessary to do this essential work in an environmentally sound manner. There is a legal term that occurs only twice in late paragraphs, but underlies the resolution that the parties enter into the agreement "intending to legally bound"(pg. 2.) It is the expression "good faith" (paragraphs 75 & 93.) ["Good faith" means an honest intention to abstain from taking unconscientious advantage of another.]

In the past our two municipal governments have each sought what we thought most appropriate for our differing circumstances; urban, with a lot of necessary services; rural, with low taxes and fees. This can be expected to continue. But at times there have been significant expressions of disagreement in values. Philosophers know that this kind of disagreement is the hardest to resolve. And bad habits develop of expressing these disagreements in personal criticisms. From now on, the strivings to attain the best quality services at lowest costs and to keep taxes and fees as low as possible must be tempered by the obligation of both parties to be legally bound by this agreement and to carry out not just the letter of this law between us, but, in good faith, the spirit of cooperation and compromise it embodies.

Mayor Horne called for a roll call vote on Resolution 16-2007. It passed by 7-0 roll call vote: Dennis Travis, yes; Kip Allen, yes; Gregory Lucas, yes; Robert Cogan, yes; Jean Davis, yes; H. Robert Cannell, yes; and Mary Ann Horne, yes.

Mayor Horne thanked Councils, Authorities, lawyers, engineers, and staff members Melinda Murphy and Rob Kennerknecht for their hard work. This agreement has been in the works for over 15 years and it is time to move forward. We now have a joint municipal sewer service agreement and hope we can continue on in this professional manner.

Clifford Allen stated maybe merger and consolidation would occur.

Mayor Horne stated that we must proceed one step at a time.

Robert Cogan stated that development and growth, as we now realize, are privately profitable, but can be municipally and environmentally burdensome. Just look at how costly this development is going to be. I hope the willingness to cooperate shown in this agreement will extend to possible regionalization of other governmental services and creation of bi-municipal development of planning and zoning criteria that would help alleviate some of those municipal and environmental burdens, such as requirements like job quantity, duration and wage guarantees, claw backs, semi-permeable parking lot requirements, rain gardens, storm water management, although right now it looks more like we might need cisterns, rather than provisions for too much water.

NEW BUSINESS:

Mayor Horne informed Council of the Erie County Association of Borough’s joint picnic and meeting that is to be held at the McKean Recreation Park on July 18^th. All elected and appointed officials and employees are invited to attend. Deadline for reservations is July 13^th.

Jean Davis reported that this evening the Water Authority approved providing water for the first fill up of the community pool each year at no charge to the American Legion.

Greg Lucas sated he missed the last meeting and was questioning the change in the law regarding EMS Tax to Local Service Tax. The $52 has a minimum of $12,000 earned income effective next year and payment of $1 per week by employees.

Clifford Allen stated this was an extra burden to businesses.

Greg Lucas asked if they could go back to the $10.

Clifford Allen stated you could go back to the $10 but we only get $5 so it is still better to get the $52. The employer will not have collected the $52 until the end of the year so the municipality will receive less per year for their working cash flow.

Greg Lucas also asked, if the employee makes less than $12,000, can they get a refund?

Marie Lander informed Council that employees can get refunds, if they make less than $12,000 as they can presently if they make less than $1,000 by showing proof of income to our tax collector. The greater problem is that they can also apply for exemption up front with the new bill and if they make over $12,000, then they would need to pay the fee. If they are not in the taxing district it would be hard to know, if they made more than $12,000 annually, unless you required a copy of the tax returns and checked each person which would costly.

Clifford Allen stated in a community with working students we will lose the tax base the tax bill was originally meant to provide funding for police, etc, those employees working in the municipality and using the services.

Mayor Horne stated that Finance Committee and management were aware of this bill and that is why we have budgeted without the funds to be ready to deal with this loss of income. This will be discussed further during our budget process later this year.

Robert Cogan stated that this was an example of why we need to work promptly. This EMS tax was only passed in 2004 and acted for 2005, so if we had not enacted it with only a $1,000 limit we would have also lost a lot more money. Cogan also informed Council that a law was being discussed that would restrict our ability to use the fee based policing law we recently passed.

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 7:35 P.M.

ATTEST:

_______________________________ _____________________________

Manager T. Jemetz Mayor Mary Ann Horne

HIGHLIGHTS

July 9, 2007

COUNCIL APPROVED:

· Payment of bills

· Minutes

· payroll

· Resolution 16-2007 Authorize signing of Inter-municipal sewer service agreement.

POSTPONED

· Resolution 8-2006 –Policy special events

UPCOMING MEETINGS:

· Public Safety Committee – Monday July 16^th - 4:30 p.m.

1) Fireworks

2) Tasers

· Finance Committee – Monday July 23 - 4:30 p.m.

· Council of the Whole – Monday July 30^th -6:30 p.m. 6mo Financial review

· Authority Meetings – Monday August 13 – 5 p.m.

· Civil Service Commission – review Police eligibility list

MANAGER INSTRUCTED TO:

· Set up Public Safety Committee Meeting

· Remind Council of 6mo Financial review

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING AGENDA

July 9, 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 _ABSENT_, Jean Davis ____, Greg Lucas __, Dennis Travis ____, Mayor Mary Ann Horne __ Manager Taras Jemetz _____, Solicitor Marsh _____; and Marie Lander, Assistant to the Manager_____.

III. Approval of Minutes

· Regularly Scheduled Meeting on June 25, 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 July 9

b) Authorization to approve bills paid July 9, 2007

Action: Motion to approve bills totaling $ _____________

c) Authorization to approve payroll ending June 30 paid July 6, 2007 totaling $51,677.37.

B. Management's Report:

1. Manager Jemetz’s Report

a. Agreement with Washington Township, Washington Township Sewer Authority, Borough of Edinboro Municipal Authority & Home Rule Borough of Edinboro -

VIII. New Business

IX. Adjournment

2007 EDINBORO BOROUGH COUNCIL

7 PM; 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..