7
PM; 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.. Home Rule Borough of Edinboro
Council Minutes
September 10, 2007
Call to Order:
Mayor Horne called the meeting to order on Monday, September 10, 2007 at 7:00 p.m.
Roll Call:
H. Robert Cannell, Clifford “Kip” Allen, Bob Cogan, Greg Lucas, Dennis Travis, and Mary Ann Horne were present. Member absent was Jean Davis. Others present included Manager “TJ” Jemetz; and Assistant to the Manager Marie Lander. Guests present were Nancy Crawford and Meghan Moeslein of the Edinboro News.
Approval of Minutes:
Robert Cogan moved approval of the Regular Meeting minutes of August 27, 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.
Greg Lucas moved to accept the agenda as posted and Clifford Allen seconded. Clifford Allen asked to have discussion on Maple Drive added to new business. With no objections to the amended agenda, the motion passed by 6-0 voice vote.
Public Participation:
There was no one present requesting to speak on agenda or non agenda items.
Old Business:
Committee Reports:
Finance Committee: Robert Cannell noted in Jean Davis’s absence, that they met today to review the bills and saw no problems.
Robert Cannell moved to approve the bills as presented for September 10, 2007 of $84,042.15 which Clifford Allen seconded. The motion passed by 6-0 voice vote.
Robert Cannell moved authorization to approve payroll ending August 25 and paid August 31, 2007 totaling $50,025.53. Clifford Allen seconded the motion and it passed by unanimous 6-0 voice vote.
Ordinance Review Committee: Robert Cogan (in Jean Davis’s absence) introduced Ordinance 549 Fire Losses Ordinance for it’s second reading as corrected by Solicitor Marsh:
HOME RULE BOROUGH OF EDINBORO
ORDINANCE NO. 549 OF 2007
FIRE INSURANCE ESCROW FUND
An Ordinance providing that in certain fire losses, the insurance company, association or exchange shall transfer insurance proceeds to a designated officer of the Home Rule Borough of Edinboro as a portion of the insurance proceeds, to be held as security against and for the payment of delinquent taxes, assessments, penalties or user charges against the property and as security against the total cost of removing, repairing or securing the damaged building, providing for fees, providing for penalties for violations and setting forth procedures and requirements pertaining to such insurance proceeds and the implementation of said legislation in the Home Rule Borough of Edinboro.
WHEREAS, the Commonwealth of Pennsylvania has enacted Act 98 of 1992 and Act 93 of 1994 amending the Insurance Company Law of 1921 in order to provide procedures for the payment of certain fire loss claims; and
WHEREAS, the purposes of said legislation is to deter the commission of arson and related crimes, to discourage the abandonment of property, and to prevent urban blight and deterioration; and
WHEREAS, the Home Rule Borough of Edinboro desires to adopt an ordinance pursuant to the Insurance Company Law of 1921, as amended and to provide for the payment of proceeds from certain fire loss claims to the Home Rule Borough of Edinboro; and
Therefore, the Home Rule Borough of Edinboro hereby ORDAINS AND ENACTS the following ordinance:
Section 1. RESPONSIBILITIES AND DUTIES
The Municipal Treasurer or his designee is appointed as the designated officer who is authorized to carry out the responsibilities and duties stated herein.
Section 2. MUNICIPAL CERTIFICATE REQUIRED FOR CLAIM PAYMENT
No insurance company, association or exchange (hereinafter “insuring agent”) doing business in the Commonwealth of Pennsylvania, shall pay a claim of a named insured for fire damage to a structure located within the Home Rule Borough of Edinboro (hereinafter the “Municipality”) where the amount recoverable for the fire loss to the structure under all policies exceeds Seven Thousand Five Hundred Dollars ($7,500), unless an insuring agent is furnished by the Municipal Treasurer with a municipal certificate or verbal notification pursuant to Section 508(b) of Act 98 of 1992 and unless there is compliance with Section 508(c) and (d) of Act 98 of 1992 and Act 93 of 1994 and the provisions of this Ordinance.
Section 3. PROCEDURES
Where pursuant to Section 508(b)(1)(i) of Act 98 of 1992 and Act 93 of 1994, as amended (40 P.S. § 638 et seq.) the Municipal Treasurer issues a certificate or verbal notification indicating that there are no delinquent taxes, assessments, penalties or user charges against real property, the insuring agent shall pay the claim of the named insured, provided, however, that if the loss is agreed upon by the named insured and the insuring agent equals or exceeds sixty percent (60%) of the aggregate limits of liability on all fire policies covering the building restructure, the following procedures shall be followed:
(a) The insuring agent shall transfer from the insurance proceeds to the designated officer of the Municipality in the aggregate of two thousand dollars ($2,000) for each fifteen thousand dollars ($15,000) of a claim and for each fraction of that amount of a claim. This section is to be applied such that if the claim is fifteen thousand dollars ($15,000) or less, the amount transferred to the Municipality shall be two thousand dollars ($2,000); or
(b) If at the time of a loss report the named insured has submitted a contractor’s signed estimate of the costs of removing, repairing or securing the building or other structure, in an amount less than the amount calculated under the foregoing transfer formula the insuring agent shall transfer to the Municipality from the insurance proceeds the amount specified in the estimate.
(c) The transfer of proceeds shall be on pro rata basis by all companies, associations or exchanges insuring the building or other structure.
(d) After the transfer, the named insured may submit a contractor’s signed estimate of the costs of removing, repairing or securing the building or other structure and the designated officer shall return the amount of the funds transferred to the Municipality in excess of the estimate to the named insured if the Municipality has not commenced to remove, repair or secure the building or other structure.
(e) Upon receipt of proceeds under this section, the Municipality shall do the following:
(1) The designated office shall place the proceeds in a separate fund
to be used solely as security against the total costs of removing, repairing or securing the building or structure which are incurred by the Municipality. Such costs shall include, without limitation, any engineering, legal or administrative costs incurred by the Municipality in connection with such removal, repair or securing of the building or any proceeds related thereto; and
(2) It is the obligation of the insuring agent when transferring the proceeds to provide the Municipality with the name and address of the named insured. Upon receipt of the transferred funds and the name and address of the named insured, the designated officer shall contact the named insured, certify that the proceeds have been received by the Municipality and notify the named insured that the procedures under this subsection shall be followed; and
(3) When repairs, removal or securing of the building or other structure have been completed in accordance with all applicable regulations and orders of the Municipality and the required proof of such completion received by the designated officer, and if the Municipality has not incurred any costs for repairs, removal or securing, the fund shall be returned to the named insured. If the Municipality has incurred costs for repairs, removal or securing of the building or other structure, the costs shall be paid from the fund and if excess funds remain, the Municipality shall transfer the remaining funds to the named insured; and
(4) To the extent that interest is earned on proceeds held by the Municipality pursuant to this section, and not returned to the named insured, such interest shall belong to the Municipality. To the extent that proceeds are returned to the named insured, interest earned on such proceeds shall be distributed to the named insured at the time that the proceeds are returned.
(f) Nothing in this section shall be construed to limit the ability of the Municipality to recover any deficiency. Furthermore, nothing in this subsection shall be construed to prohibit the Municipality and the named insured if some other reasonable disposition of the damaged property has been negotiated.
Section 4. ADOPTION OF REGULATIONS; FEES.
The Home Rule Borough of Edinboro may by resolution adopt procedures and regulations to implement Act 98 of 1992 and Act 93 of 1994 (as amended) and this article and may by resolution fix reasonable fees to be charged for municipal activities or services provided pursuant to Act 98 of 1992 and Act 93 of 1994 (as amended) and this article; including but not limited to issuance of certificates and bills, performance of inspections and opening separate fund accounts.
Section 5. SEVERABILITY.
The provisions of this article shall be severable and, if any of the provisions hereof shall be invalid or unenforceable, the remaining provisions of this article shall remain in effect.
Section 6. PENALTY.
Any owner of property, any named insured or any insuring agent who violates this article shall be subject to a penalty of up to one thousand dollars ($1,000) per violation.
This ordinance shall become effective immediately.
Robert Cogan moved to adopt second reading of Ordinance 549 of 2007 and Greg Lucas seconded. The motion passed by 6-0 roll called vote: H. Robert Cannell, yes; Robert Cogan, yes: Jean Davis, absent; Dennis Travis, yes; Gregory Lucas, yes; Clifford Allen, yes; and Mary Ann Horne, yes.
Personnel Committee: Robert Cogan noted that they would be meeting September 17th at 3pm and again at 6:30 p.m. to review applications for vacancies in the Civil Service Commission and Environmental Shade Tree Committee.
Street, Buildings, & Grounds Committee: Greg Lucas reported that they met informally with the Manager and Code Enforcement Officer to check on parking on several streets and congested areas that may need no parking signs. Manager Jemetz stated that he checked the ordinance and Water Street and Chestnut Street should have signage on at least one side and new signs will be ordered and put back up.
Manager Report:
Manager Jemetz reviewed his written report in detail with Council.
Wastewater Collection & Treatment – Bid advertisement for Terrace Drive project was in the packets. Opening is September 20th and award of contract will be at the September 24th Council meeting.
Community Liaisons:
EUP Liaison: Mayor Horne reported that she attended the news release meeting this morning regarding the new dorms and suites to be installed on campus. There will be eight buildings replacing the 3 dorms. They will all have internet access. The construction will not displace any students. This construction is a very good thing for the Borough and the university. Mr. Cogan asked that management update the value of the EUP tax exempt property and non taxable when completed. Mr. Cogan also stated that the whole University construction plan was on the University web site and being funded by the Edinboro Foundation. He stated that the Internet terminal in the office is an underutilized resource and offered to help anyone interested to use it and to get a free online e-mail account through it.
Authority Liaison: Manager Jemetz in Jean Davis’s absence reported that the Authorities met tonight and the DEP annual inspection had no violations. The Maple Drive project inspection was held on August 24th and with the inspection PennVest should release the 5% retainage. On October 18th the lab will be inspected. Terrace Drive Project bids will be opened Sept 20th and awarded on Sept 24th. Emergency excavation of a problem lateral will begin tomorrow on 99South at Normal Street by resident.
COMMUNICATIONS:
A letter to Chief Matt Seagren to acknowledge volunteer service of EVFD at July 4th event; letter from Erie Community Foundation; and letter to Senator Jane Earll were all in the packets for Council’s information.
NEW BUSINESS:
Road closing for EUP Homecoming Parade was in the packets. Clifford Allen asked if management could invoice in advance for public works crew doing cleaning of roads and putting up signage, and for police. Manager Jemetz stated EUP was not billed in 2006 because of sewer activities performed for the Borough but it was notified at the Town Gown Meeting that it will be invoiced this year. Greg Lucas moved to authorize the Mayor to sign the application and to have estimated costs and request for a couple extra officers be given to the committee with the application. Clifford Allen seconded the motion and it passed by 6-0 voice vote.
Penn PRIME annual meeting for Workers’ Comp Trust and Penn PRIME Trust on Sept 20-21 was in the packet to discuss and appoint appropriate person to sign the proxy. Robert Cogan moved and Greg Lucas seconded to authorize Manager Jemetz to vote on Council’s behalf, if he attended. The motion passed by 6-0 vote. Manager Jemetz asked if they had any requests or preferences for his voting if he was able to attend. Clifford Allen stated vote for more dividend checks, it has been the best benefit to the Borough. Mayor Horne stated that she was confident he would vote for the benefit of the Borough.
Clifford Allen stated he was bringing to the Council’s attention a problem with speeding on Maple Drive. Residents were going to come to Council with a petition but he told them he would present it to Council first. The speed is 25 mph and people are using it as a by pass and having trouble backing out of driveways. He asked if they could look into lowering the speed to 15 mph and no parking on one side of the street. Manager Jemetz stated with the main intersection light timing changes there may not be a need for a bypass on Maple Drive but they will look into this problem. Discussion on speed and new students in town continued. The request to lower the speed limit on Maple Drive and no parking was sent to Streets, Buildings & Grounds Committee. They will meet Thursday, 9:30 a.m. on September 13th.
Greg Lucas moved for adjournment, and the meeting was adjourned at 7:45 P.M.
ATTEST:
_______________________________ _____________________________
Manager T. Jemetz Mayor Mary Ann Horne
HIGHLIGHTS
September 10, 2007
· Payment of bills
· Minutes
· Payroll
· Ordinance 549 Fire Insurance Escrow Ordinance – 2nd reading as modified by Solicitor
· Authorize Manager to sign Proxy/Vote as needed PennPrime meetings
· Authorize Road Closing for Homecoming Parade
POSTPONED
· Resolution 8-2006 –Policy special events
·
UPCOMING MEETINGS:
· Personnel Committee Meeting Wednesday September 17- interviews 3pm & 6:30
· Finance Committee – Monday September 24 - 4:30 p.m.
· Authority Meetings – Monday October 8 – 5 p.m.
· Building, Streets, & Grounds Committee: Thursday September 13th 9:30 a.m. Discuss no parking and lower speed limits especially on Maple Drive
· Civil Service Commission – review Police eligibility list
· Bid opening Terrace Drive Project Sept 20th – award Sept 24th
·
MANAGER INSTRUCTED TO:
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING AGENDA
September 10, 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 ____, Mayor Mary Ann Horne __ Manager Taras Jemetz _____, Solicitor Marsh _____; and Marie Lander, Assistant to the Manager_____.
III. Approval of Minutes
· Regularly Scheduled Meeting on August 27, 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. Finance Committee/Pension Committee/ Negotiation Committee - Jean Davis Chair-
a) Met September 10 at 4:00 p.m.
b) Authorization to approve bills paid September 10, 2007
Action: Motion to approve bills totaling $84,042.15
d) Authorization to approve payroll ending August 25 paid August 31, 2007 totaling $50,025.53
2. Cable TV Committee – Dennis Travis Chair
3. Ordinance Review Committee – Jean Davis Chair
a) Fire Losses Ordinance- Ordinance 549 - 2nd reading
b) Defined Contribution Benefit Plan Ordinance 550 – Action 9/24
c) Ordinance 551 amending Parking Regulations (in process)
d) Ordinance 552 – Amend chapter on EMST to LST (in process)
4. Personnel Committee – Robert Cogan Chair Meet September 17th 3 p.m. & 6:30 p.m. to review and interview applicants for openings
5. Public Safety – Greg Lucas Chair
6. Recreation/Lake/Environment – Kip Allen Chair
7. Street, Buildings, and Grounds- Robert Cannell Chair met August 28th.
8. Committee of the Whole
B. Solicitor's Report:
C. Management's Report:
1. Manager Jemetz’s Report
2. Finance
3. Personnel
4 Emergency Management
5. EVFD
6. Police – monthly report
7. Employee Safety Committee
8. Code Enforcement/Planning/Zoning
9. Public Works – monthly report
10. Wastewater Collection & Treatment – bid advertisement - FYI
11. Water System - monthly report
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:
1.
2.
1. Letter to Chief Matt Seagren from Manager Jemetz – FYI
2. Letter from Erie Community Foundation – FYI
3. Letter to Senator Jane Earll - FYI
VIII. New Business
A. Road Closing for Homecoming Parade – Authorize Mayor to sign
B. PennPRIME – Annual Meeting Workers’ Comp Trust & PennPrime Trust - Sept 20-21 – PROXY
IX. Adjournment
2007 EDINBORO BOROUGH COUNCIL
7
PM; 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 September 2007