7
PM; 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
October 8, 2007
Call to Order:
Mayor Horne called the meeting to order on Monday, October 8, 2007 at 7:04 p.m.
Roll Call:
Robert Cogan, Jean Davis, Greg Lucas, Dennis Travis, and Mary Ann Horne were present. Members absent were Clifford Allen and H. Robert Cannell. Others present included Manager “TJ” Jemetz; and Assistant to the Manager Marie Lander. Guests present were Carm Camillo, Elden Veach, Nancy Crawford, Zack Gates, Shawn Snarey; Ryan Smith of the Meadville Tribune; and Meghan Moeslein of the Edinboro News.
Approval of Minutes:
Jean Davis moved approval of the Regular Meeting minutes of September 24, 2007. Robert Cogan seconded the motion and it passed by 5-0 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 Robert Cogan seconded. The amended agenda passed by 5-0 voice vote.
Public Participation:
Carmine Camillo, Waste Management Community Relations Representative was present with Elden Veach to discuss the Borough changing to a single stream recycling program that they are proposing. Carmine explained that more items would be allowed and that would mean more pounds and more funds from the State for recycling.
Mary Ann Horne asked if it would be the same price per pound and he stated he thought it was only change was convenience factor.
Robert Cogan asked since you have to disaggregate then sounds like it would be greater costs to do this? Mr. Camillo said little costs with the Cleveland plant with automated separation.
Dennis Travis asked about smaller trucks. Carmine Camillo stated they did not have smaller trucks.
Mr. Camillo stated they would educated the people on which items with a video on the public access channel, direct mail, and news releases. Meadville is already doing single stream and we could begin the switch in a week notice. When asked if competitors could also do single stream, Carmine was not sure. Most are on board such as Harborcreek and Summit Townships.
Council agreed to review this and get back to them on moving to single stream. The ordinance would need to be changed to show single stream.
Being no other requests to speak before Council, Mayor Horne moved on to old business.
Old Business:
Committee Reports:
Finance Committee: Jean Davis stated that they met this morning separately to review the bills and saw no problems.
Jean Davis moved to approve the bills as presented for October 8, 2007 of $186,180.16 which Greg Lucas seconded. The motion passed by 5-0 voice vote.
Jean Davis moved authorization to approve payroll ending September 22 and paid September 28, 2007 totaling $50,007.12. Robert Cogan seconded the motion and it passed by unanimous 5-0 voice vote.
Article of Agreement between Edinboro Council and Edinboro Police Bargaining Unit dated January 1, 2008 to December 31, 2010 was signed by the negotiating Officers and available for action by Council. Jean Davis moved to authorize appropriate officials to sign the contract and Robert Cogan agreed. The Contract was approved by 5-0 voice vote.
Jean Davis noted that the Pension Review meeting would be held November 20th at 9 a.m. and Budget Workshops will be held at 6:30 p.m. October 17, Oct 24, Nov 5, Nov 19, Nov 28, and December 5, 2007.
Ordinance Review Committee: Jean Davis introduced Ordinance 549 Fire Losses Ordinance for final reading after discussion on the Solicitor’s review and comments:
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 structures 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.
Jean Davis moved adoption of Ordinance 549 and Robert Cogan seconded. The motion passed by unanimous roll call vote of 5-0: Robert Cogan, yes; Jean Davis, yes; Dennis Travis, yes; Kip Allen, absent; Gregory Lucas, yes; H. Robert Cannell, absent; and Mary Ann Horne, yes.
Jean Davis introduced Ordinance 551 amending times for no parking as follows:
HOME RULE BOROUGH OF EDINBORO
Ordinance No. 551
AN ORDINANCE AMENDING Chapter 15 OF THE CODE OF THE BOROUGH OF EDINBORO, AND SPECIFICALLY AMENDING §15-403 ENTITLED, “Parking Prohibited in Certain Locations, Certain Days and Hours”.
The Home Rule Borough of Edinboro hereby ordains and enacts as follows:
SECTION 1. “ORDINANCE REGULATING THE PARKING OR STANDING OF VEHICLES UPON STREETS OR HIGHWAYS WHICH PREVENT OR INTERFERE WITH THE REMOVAL OR PLOWING OF SNOW AND CLEANING OF STREETS; AUTHORIZING REMOVAL OF SAID VEHICLES; AND SETTING PENALTIES AND FINES FOR VIOLATIONS OF SAID ORDINANCE”
SECTION 2. Ordinance 545 of the Code of the Borough of Edinboro, §15-403 is hereby amended as follows:
SECTION 3. All parking on all streets and on both sides of all of the streets in the Borough of Edinboro shall be prohibited between November 1st to April 15th. This prohibition on parking shall govern and control all streets in the Borough of Edinboro for all days between November to April 15th of every year.
SECTION 4. Parking shall be prohibited in the following locations at all times on the days and between the hours indicated in this Section, as follows:
Street Side Between Days Hours
Rt.99 East Rt 6N & Normal Odd days 2 a.m. – 6 a.m.
April 15– Nov 1
Rt.99 West Rt 6N & Normal Even days 2 a.m. – 6 a.m.
April 15– Nov 1
SECTION 5. All ordinances or parts thereof, conflicting herewith be and the same as hereby repealed.
Jean Davis moved and Robert Cogan seconded the adoption of Ordinance 551 for its second reading. The motion passed by 5-0 roll call vote: Robert Cogan, yes; Jean Davis, yes; Dennis Travis, yes; Clifford Allen, absent; Gregory Lucas, yes; H. Robert Cannell, absent; and Mary Ann Horne, yes.
Jean Davis moved to adopt Ordinance 553 amending section 22-1106 for it’s second reading as follows:
Home Rule Borough of Edinboro
ORDINANCE NO. 553 of 2007
AN ORDINANCE OF THE HOME RULE BOROUGH OF EDINBORO AMENDING SECTION 22-1006 of Code of the Home Rule Borough of Edinboro
WHEREAS, Council of the Home Rule Borough of Edinboro has received and considered comments from the Edinboro Planning Commission and the Zoning Officer concerning early placement of a final 1.5 inch wearing course pavement installed on a Borough roadway;
WHEREAS, pursuant to consideration of said comments and to avoid damage to said wearing course, the installation of said wearing course shall not be installed until all major truck traffic and heavy equipment have completed their intended purpose, and the Borough Engineer and/or the Borough Manager deems the road ready for installation of said wear coarse.
NOW, THEREFORE, BE IT ORDAINED by Borough Council assembled this day of , 2007, that Section 22-1006 hereby is amended as follows:
Section 1. INSERT INTO SECTION 22-1006 to read in full:
5. Wearing courses shall not be installed to complete road construction until the Borough Engineer and/or Borough Manager deems the road ready for completion, and no danger from construction equipment will harm this permanent finish.
Robert Cogan seconded the motion and it passed by 5-0 roll call vote: Robert Cogan, yes; Jean Davis, yes; Denis Travis, yes; Clifford Allen, absent; Gregory Lucas, yes; H. Robert Cannell, absent; and Mary Ann Horne, yes.
Solicitor’s Report:
Solicitor Marsh was not present but correspondence was reviewed regarding groundwater ordinance. Manager Jemetz reported that the Water Authority had no problem with this ordinance as long as it prohibited new wells, people were not allowed to use well water for potable water, and those with wells would be grandfathered in until they sold their properties and then they would need to close and seal the wells. Mayor Horne assigned the review to the Ordinance Review Committee.
Also in the packets was information on the Fire Loss Ordinance review which was reviewed during the Ordinance Review Committee section of the meeting.
Manager Report:
Manager Jemetz reviewed his written report in detail with Council. He stated that the Municipal Authority voted unanimously to recommend approving the Joint 537 Plan as presented. Next meeting there will be a hearing on this prior to Council voting on the Joint Plan.
Manager Jemetz introduced draft Ordinance 557 regarding making streets one way near the Lake to allow for the walking path.
Jean Davis moved adoption of the first reading of Ordinance 557 and to advertise the same as follows:
HOME RULE BOROUGH OF EDINBORO
Ordinance No. 557
AN ORDINANCE AMENDING Chapter 15 OF THE CODE OF THE BOROUGH OF EDINBORO, and SPECIFICALLY amending §15-207 ENTITLED, “One-Way Streets Established”, and §15-201 ENTITLED, “Maximum Speed Limits Established on Certain Streets”.
Whereas, the Borough’s right-of-way on Lakeside Drive is only 25 feet wide, which is not sufficient for two-way traffic and a sidewalk;
Whereas, by making Lakeside Drive, Peach Street, and one block of Monroe Street “one-way” will :
1. Provide the space necessary for the addition of a new sidewalk between 6N (Plum Street) and the existing Lakeside Path, and
2. Make the area along Lakeside Drive, north of the Pat Crawford Beach, more pedestrian friendly by dedicating the east portion of Lakeside Drive to pedestrian traffic., and
Whereas, the purpose of reducing the speed limit on Maple Drive from 25mph to a maximum speed of 20 mph is to protect the residents of Maple Drive from excessive traffic and speeders. Maple Drive is currently being used as a bypass by some motorists who wish to avoid the intersection at Route 6N and Route 99. Reducing the speed limit will help make Maple Drive less convenient as a through traffic by-pass, help encourage travelers to use Route 99 and 6N, and to protect the residents from excessive speeders; and
Therefore, The Home Rule Borough of Edinboro hereby ordains and enacts as follows:
Section 1. Ordinance 545 of the Code of the Borough of Edinboro, §15-207 is hereby amended to add the following streets as one-way streets:
Street From To Direction
Lakeside Drive Route 6N Peach Street North bound
Peach Street Lake Side Drive Monroe Street West Bound
Monroe Street Peach Street Cherry Street South Bound
Section 2. Ordinance 545 of the Code of the Borough of Edinboro, §15-201 is hereby amended to limit the maximum speed to 20 mph on Maple Drive for it’s entire length.
Section 3. All ordinances or parts thereof, conflicting herewith be and the same as hereby repealed.
Greg Lucas seconded the motion and the first reading passed by 5-0 roll call vote: Clifford Allen, absent; Gregory Lucas, yes; Robert Cogan, yes; Jean Davis, yes; Dennis Travis, yes; H. Robert Cannell, absent; and Mary Ann Horne, yes.
Code Enforcement/Planning/Zoning –Plans and drawings on the CVS property was available for Council to initial and date after the meeting.
Wastewater Collection & Treatment – Notice of public hearing and public input on joint 537 plan was reviewed. It was noted that Council would have a public hearing on October 22, 2007 during it’s regular meeting at 7 p.m. and Washington Township would possible adopt on October 24th.
Community Liaisons:
Erie County Planning Liaison: Mary Ann Horne reported that as Mayor, she judged the floats for Homecoming at EUP, attended the breakfast, walked in the parade, and gave out the float awards at the football game over the weekend.
Environmental Shade Tree Advisory Committee: Mayor Horne stated they were in the process of identifying trees to update the 2002 survey.
EVFD Board Liaison: Robert Cogan reported they met Sept 30th and they are going to ask us to pass an ordinance with a fee schedule so they can invoice insurance companies. They will come to a budget workshop to bring information to the Council.
Authority: Manager Jemetz noted that the Terrace Drive project was upcoming and that this street was scheduled for paving next year.
Edinboro Watershed Association: Mary Ann Horne reported that they met last week and were working on grants. They are looking at phosphorus and zones along the Lake. Mr. Travis asked about the notice that no pets were allowed on Lakeside and he sees many people walking animals. It was agreed to send this item to the Recreation Committee of Council to review and bring back recommendations to Council by spring of 2008.
Other Old Business:
Greg Lucas asked when the Civil Service Commission would be meeting to update the Police eligibility list. Robert Cogan informed him they have a meeting scheduled for October 25th at 6:30p.m.
Robert Cogan stated he did not attend the Sept 27th, PSAT meeting that their plan to Erie County Officials would give us unrestricted funds from the gambling. Manager Jemetz stated that the Council had sent several letters to Erie County as well as resolutions from Council requesting support of funding municipalities. The resolution of PSAT was for water and sewer projects and not for general purpose which we need.
COMMUNICATIONS:
NEW BUSINESS:
Being no new business, Mayor Horne asked for adjournment.
Greg Lucas moved for adjournment, and the meeting was adjourned at 8:10 P.M.
ATTEST:
_______________________________ _____________________________
Manager T. Jemetz Mayor Mary Ann Horne
HIGHLIGHTS
October 8, 2007
· Payment of bills
· Minutes
· Payroll
· Ordinance 549 Fire Insurance Escrow Ordinance – ADOPTED
· Ordinance 551 No parking times – 2nd reading
· Ordinance 553 - paving requirements 2nd reading
· Ordinance 557 – Change Chapter 15 – speed limit Maple Dr; one way Lakeside Dr -1st reading
· Police Contract 2008-2010
POSTPONED
· Resolution 8-2006 –Policy special events
·
UPCOMING MEETINGS:
· Finance Committee – Monday October 22- 4:30 p.m.
· Authority Meetings – Monday Nov 12 – 5 p.m.
· Civil Service Commission – Oct 25th 6:30 p.m.
· Budget Workshops October 17, Oct 24, Nov 5, Nov 19, Nov 28, Dec 5
·
MANAGER INSTRUCTED TO:
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING AGENDA
October 8, 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 ABSENT, 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 September 24, 2007
Action: Motion to approve minutes
IV Approve AGENDA
a. Action: Motion to approve agenda
V. Public Participation –
A. Agenda Items –
1. Carmine Camillo, Waste Management Community Relations Representative – regarding using single stream recycling
B. Non Agenda Items –
1. Finance Committee/Pension Committee/ Negotiation Committee - Jean Davis Chair-
a) Met Oct 8 at 4:00 p.m.
b) Authorization to approve bills paid October 8, 2007
Action: Motion to approve bills totaling $186,180.16
c) Authorization to approve payroll ending Sept. 22 paid Sept. 28, 2007 totaling $50,007.12
d) Police Contract- waiting back from Officers
e) Pension Review meeting Nov 20th 9 a.m.
2. Cable TV Committee – Dennis Travis Chair
3. Ordinance Review Committee – Jean Davis Chair
a) Fire Losses Ordinance- Ordinance 549 - Final reading
(See Solicitor Section)
b) Ordinance 551 amending Parking Regulations 2nd reading
c) Ordinance 552 – Amend chapter on EMST to LST (at legal)
d) Ordinance 553 – Amending section 22-1106 – 2nd reading
4. Personnel Committee – Robert Cogan Chair
5. Public Safety – Greg Lucas Chair
6. Recreation/Lake/Environment – Kip Allen Chair
7. Street, Buildings, and Grounds- Robert Cannell Chair
a) Maple Drive review parking & speed limit
8. Committee of the Whole
Budget workshops Oct 17, Oct 24, Nov 5, Nov 19, Nov 28, Dec 5 – 6:30 pm
B. Solicitor's Report:
1. Groundwater Ordinance – Letters regarding to be sent to Ordinance Review Committee
2. Ordinance 549 – Fire Loss Ordinance – Letter regarding tabled ordinance
C. Management's Report:
1. Manager Jemetz’s Report
2. Finance -
3. Personnel
4 Emergency Management
5. EVFD
6. Police
7. Employee Safety Committee
8. Code Enforcement/Planning/Zoning
a) CVS Property Consolidation drawings – motion to approve and authorize Council’s signing
9. Public Works
10. Wastewater Collection & Treatment
a) Notice of Public Hearing October 22nd – 537 Update
1) DEP’s comments on 537 Plan
b) Washington Townships letter showing unanimous approval of Final Basis of Design Dated Sept 27, 2007
11. Water System
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:
VIII. New Business
A.
IX. Adjournment
2007 EDINBORO BOROUGH COUNCIL
7
PM; 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 November 2007