Home Rule Borough of Edinboro

Mayor Horne called the meeting to order on Monday, October 22, 2007 at 7:05 p.m.

Clifford Allen, Robert Cogan, Jean Davis, Dennis Travis, and Mary Ann Horne were present. Member absent was Greg Lucas. Others present included Manager “TJ” Jemetz; Solicitor Ritchie Marsh; and Assistant to the Manager Marie Lander. Guests present were George Shimpeno; Z. Gates; and Meghan Moeslein of the Edinboro News.

Jean Davis moved approval of the Regular Meeting minutes of October 8, 2007. Robert Cogan seconded the motion and it passed by 5-0-1 voice vote, with Robert Cannell abstaining because he was absent.

Robert Cogan asked to speak at New Business regarding Edinboro Foundation and an offer to the Borough. Clifford Allen asked to discuss the Lake and maintenance to the retaining wall; planting a tree on Lakeside; and about code enforcement.

Michael Amidon was on the agenda to speak about storage recreational/avocational vehicles. He was not present at the meeting to speak on the subject.

George Shimpeno, 215 Beech Street. Mr. Shimpeno was against lowering the speed limit on Maple Drive. He felt the speed was appropriate and adequate, if enforced. He agreed cars were moving too fast but felt if it was enforced, Council wouldn’t need to lower the speed limit. Discussion followed by Council regarding speed limits in the Borough. Dennis Travis asked that the speed be 15mph or 25mph not 20mph, since there was no other place in the Borough with that speed.

Being no other requests to speak before Council, Mayor Horne moved on to old business.

Finance Committee: Jean Davis stated that they met and reviewed purchase orders and invoices. She also reminded the Finance Committee that the pension review would be November 20^th at 9 a.m.

Ordinance Review Committee: Jean Davis introduced Ordinance 551 amending times for no parking for its final reading as follows:

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”.

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 1^st to April 15^th. This prohibition on parking shall govern and control all streets in the Borough of Edinboro for all days between November to April 15^th 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:

SECTION 5. All ordinances or parts thereof, conflicting herewith be and the same as hereby repealed.

Jean Davis moved and Clifford Allen seconded the adoption of Ordinance 551 for its final reading. The motion passed by 6-0 roll call vote: Robert Cogan, yes; Jean Davis, yes; Dennis Travis, yes; Clifford Allen, yes; Gregory Lucas, absent; H. Robert Cannell, yes; and Mary Ann Horne, yes.

Jean Davis introduced Ordinance 552 regarding Local Services Tax which replaces the Emergency Services Tax:

AN ORDINANCE PROVIDING FOR THE LEVY, ASSESSMENT AND COLLECTION OF A LOCAL SERVICES TAX, PROVIDING REVENUE FOR SPECIFIC PROJECTS PERMITTED UNDER THE ACT; AN ORDINANCE AGAINST EACH INDIVIDUAL ENGAGED IN ANY OCCUPATION, TRADE, OR PROFESSION IN THE BOROUGH OF EDINBORO, PROVIDING FOR THE COLLECTION OF SAID TAX; PROVIDING FOR THE EXEMPTION FROM SAID TAX; PROVIDING PENALTIES FOR THE NON-PAYMENT AND DELINQUENT PAYMENT OF SAID TAX; AND PROVIDING A CERTIFIED COPY OF SAID ORDINANCE BE FILED WITH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE COMMONWEALTH OF PENNSYLVANIA.

The Borough of Edinboro hereby ordains and the Borough Council of the Home Rule Borough of Edinboro, Erie County, Pennsylvania, hereby enacts and ordains the following ordinance:

SECTION 1-SHORT TITLE. This Ordinance shall be known and may be cited as the “Local Services Tax.”

SECTION 2-AUTHORITY OF ENACTMENT. This Ordinance is enacted under the authority of the Local Tax Enabling Act, 53 P.S. §6901, et seq., and Pennsylvania House Bill 197 of 2004, and amended by Act 7 of 2007 and the Borough of Edinboro Home Rule Charter as said laws and charters are hereinafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.

SECTION 3-DEFINITIONS. The following words and phrases, when used in this Ordinance, shall have the meaning ascribed to them in this section, except where the context or language clearly indicates or requires a different meaning:

A. “Individual” - shall mean any person, male or female, engaged in any occupation, trade or profession within the corporate limits of the Borough of Edinboro;

B. “Occupation” - shall mean or include any trade, profession, business, or undertaking of any type, kind or character, including services, domestic or otherwise, carried on or performed within the corporate limits of the Borough of Edinboro for which compensation is charged and/or received, whether by means of salary, wages, commissions or fees for services rendered;

C. “Employer” - shall mean any individual, partnership, association, corporation, governmental body, agency, or other entity employing one or more persons on a salary, wage, commission or other compensation basis, including a self-employed person;

D. “Tax” - shall mean the Local Services Tax in the amount of Fifty-two Dollars ($52.00) per annum levied by this Ordinance;

E. “Tax Collector” - shall mean the Borough Manager of the Home Rule Borough of Edinboro and/or his/her designated assigns and/or agents;

F. “Taxpayer” - shall mean any individual liable for the tax levied by this Ordinance;

G. “Fiscal Year” - shall mean the period beginning January 1 and ending December 31. The first fiscal year for this Ordinance shall be the period beginning January 1, 2008, and ending December 31, 2008;

H. “Borough of Edinboro” [JR1]or the “Home Rule Borough” - shall mean the area within the corporate limits of the Borough of Edinboro;

I. “He,” “his” or “him” - shall mean and indicate the singular and plural number, as well as male, female and/or neuter gender.

SECTION 4 - IMPOSITION OF TAX. A tax to be utilized for emergency services, which shall include emergency medical services, police services and/or fire services, road construction and/or maintenance, reduction of property taxes, property tax relief through implementation of Homestead and Farmstead Exclusion in accordance with 53 Pa.C.S. Chapter 85, Subchapter F. Said Local Service Tax is hereby levied upon the privilege of engaging in an occupation within the corporate limits of the Borough of Edinboro. Each individual who exercises such privilege for any length of time during any year wherein he has earned income and/or net profits of $12,000.00 or more shall pay a tax in the amount of $52.00 in accordance with the provisions of this article. This tax is in addition to all other taxes of any kind or nature levied by the Borough. It shall be the obligation of each such person so engaged in an occupation to pay or cause to be paid the tax herein imposed by the due date for the quarter in which he earns the annual required minimum of $12,000.00. The adoption of this article shall constitute notice and demand for payment of this tax.

A. Each employer shall register with the Tax Collector the employer’s name, address and other information the Tax Collector may require within fifteen (15) days after the effective date of this Ordinance or within fifteen (15) days after first becoming an employer.

B. Each employer within the Borough, as well as those employers situated outside the Borough but who engaged in business within the Borough, is hereby charged with the duty of collecting from[JR2] each of his employees engaged by him and performing for him within the Home Rule Borough of Edinboro said tax of fifty-two dollars ($52.00) per year and making a return and payment thereof to the tax collector. Each employee subject to the tax shall be assessed a pro rata share of the tax for each payroll period in which the employee is engaged in the Home Rule Borough of Edinboro. The pro rata share of the tax assessed on an employee for a payroll period shall be determined by dividing the $52.00 rate of the tax by the number of payroll periods established by the employer for the calendar year. For purposes of determining the pro rata share, an employer shall round down the amount of the tax collected each payroll period to the nearest one-hundredth of a dollar. Collection of a local services tax levied under this subclause shall be made on a payroll period basis for each payroll period in which the person is engaging in an occupation except as provided in subclause (J). Each employer is hereby authorized to deduct this tax from each employee who has not otherwise claimed an exemption from paying the tax, whether said employee is paid by salary, wages, or commission. Each employer shall be required to remit the tax within thirty (30) days after the end of each quarter of a calendar year. Remitting starting on or before March 31 of the current tax year, file a return on a form prescribed by the tax collector, and pay to said tax collector the full amount of taxes deducted on or before April 30 of the current tax year. For each taxpayer for whom no prior deduction has been made, who is employed after the effective date of this Ordinance, and in any of the three (3) month periods ending June 30, September 30 and December 31 of the current tax year, each employer shall deduct the tax from compensation payable to the taxpayer, file a return on a form prescribed by the tax collector, and pay said collector the full amount of all tax deducted on or before July 31 or October 31 of the current tax year, or January 31 of the following year, respectively. The employer will provide the employee with evidence of deduction on a fo[JR3]rm to be furnished to the employer by the tax collector.

C. Any employer who discontinues business or ceases operation before December 31 of any year during which this tax is in effect shall file the return hereinabove required and pay the tax to the Tax Collector, within fifteen (15) days after discontinuing business or ceasing operations. The failure of an employer to deduct the tax shall not relieve the employee from the duty to file a return and pay the tax. Any employer who fails to deduct the tax as required by this section, or who fails to pay such tax to the Tax Collector, shall be liable for such tax in full, as though the tax had originally been levied against such employer.

D. All self-employed individuals who perform services of any type or kind or engage in any occupation or profession within the Borough shall be required to comply with this article and pay the tax to the tax collector by April 20 of each year, unless he or she has otherwise claimed an exemption from the tax.

E. As to employees who present official receipts evidencing prior full payment of the tax imposed hereby, either directly or by collection through employers, the employer shall not deduct the tax but shall maintain adequate records concerning such employees.

F. If a local services tax is levied at a combined rate exceeding ten dollars ($10) in a calendar year, a person subject to the local services tax shall be assessed a pro rata share of the tax for each payroll period in which the person is engaging in an occupation. The pro rata share of the tax assessed on the person for a payroll period shall be determined by dividing the combined rate of the local services tax levied for the calendar year by the number of payroll periods established by the employer for the calendar year. For purposes of determining the pro rata share, an employer shall round down the amount of the tax collected each payroll period to the nearest one-hundredth of a dollar. Collection of a local services tax levied under this subclause shall be made on a payroll period basis for each payroll period in which the person is engaging in an occupation, except as provided in subclause (J[JR4]).

G. If a school district levied an emergency and municipal services tax on the effective date of this subclause, the school district may continue to levy the local services tax in the same amount the school district collected on the effective date of this subclause. However, if a municipality located in whole or in part within the school district subsequently levies the local services tax, the school district may only collect five dollars ($5) on persons employed within the municipality each calendar year. A school district that did not levy an emergency and municipal services tax on the effective date of this subclause shall be prohibited from levying the local services tax. If a school district and a municipality located in whole or in part within the school district both levy a local services tax at a combined rate exceeding ten dollars ($10), the school district’s pro rata share of the aggregate local services taxes levied on persons employed within the municipality shall be collected by the municipality or its tax officer based on payroll periods as provided under subclause (F) and shall be paid to the school district on a quarterly basis within sixty days of receipt by the municipality or its tax officer.

H. Except as otherwise provided for in subclause (G), no person shall be subject to the payment of the local services tax by more than one political subdivision during each payroll period as established by subclause (I) of this Ordinance..

I. With respect to a person subject to the local services tax at a combined rate exceeding ten dollars ($10), the situs of the tax shall be the place of employment on the first day the person becomes subject to the tax during each payroll period. With respect to a person subject to the local services tax at a combined rate of not more than ten dollars ($10), the situs of the tax shall be the place of employment determined as of the day the person first becomes subject to the tax during the calendar year. In the event a person is engaged in more than one occupation, that is, concurrent employment, or an occupation which requires the person working in more than one political subdivision during a payroll period, the priority of claim to collect the local services tax shall be in the following order: first, the political subdivision in which a person maintains the person’s principal office or is principally employed; second, the political subdivision in which the person resides and works, if the tax is levied by that political subdivision; and third, the political subdivision in which a person is employed and which imposes the tax nearest in miles to the person’s home.

J. In the case of concurrent employment, an employer shall refrain from withholding the local services tax if the employee provides a recent pay statement from a principal employer that includes the name of the employer, the length of the payroll period and the amount of the local services tax withheld and a statement from the employee that the pay statement is from the employee’s principal employer and the employee will notify other employers of a change in principal place of employment within two weeks of its occurrence. The Department of Community and Economic Development shall develop a uniform employee statement form.

K. The local services tax shall be no more than fifty-two dollars ($52) on each person for each calendar year, irrespective of the number of political subdivisions within which a person may be employed. A political subdivision shall provide a taxpayer a receipt of payment upon request by the taxpayer.

L. The Home Rule Borough of Edinboro shall adopt regulations for the processing of refund claims for overpaid local services taxes for any calendar year. The regulations to be adopted by the Home Rule Borough of Edinboro shall be consistent with 53 Pa.C.S. § 8425 and 8426. Refunds made within seventy-five days of a refund request or seventy-five days after the last day the employer is required to remit the local services tax for the last quarter of the calendar year, whichever is later, shall not be subject to interest imposed under 53 Pa.C.S. § 8426. The Home Rule Borough of Edinboro shall only provide refunds for amounts overpaid in a calendar year that exceed one dollar ($1).

M. For purposes of Section 4 of this Act, the clause “combined rate” shall mean the aggregate annual rate of the local services tax levied by a school district and a municipality located in whole or in part within the school district.

SECTION 5 - DIRECT PAYMENT BY TAXPAYERS. All employers and self-employed individuals residing or having their places of business outside of the Borough but who perform services of any type or kind or engage in any occupation or profession within the Borough do by virtue thereof agree to be bound by and subject themselves to the provisions, penalties, and regulations promulgated under this article with the same force and effect as though they were residents of the Borough. Further, any individual engaged in an occupation within the Borough and an employee of a non resident employer may, for the purpose of this article, be considered a self-employed person, and in the event that this tax is not paid, the administrator shall have the option of proceeding against either the employer or employee for the collection of this tax as hereinafter provided. Provided, however, no person shall be subject to the payment of the local services tax to more than one political subdivision during each payroll period. Each such taxpayer who first becomes subject to the tax after the effective date of this Ordinance and on or before March 31 of the current tax year, shall file the return and pay the tax on or before April 30 of the current tax year, and each such taxpayer who first becomes subject to the tax after March 31 of the current tax year, shall file the return and pay the tax on or before July 31 or October 31 of the current tax year, or January 31 of the following year, whichever of such payment dates first occurs at least thirty (30) days after the taxpayer becomes subject to the tax.

SECTION 6 - NON-RESIDENT TAXPAYERS. Both resident and non-resident taxpayers by virtue of engaging in an occupation within the Borough of Edinboro, shall be subject to the tax and the provisions of this Ordinance.

A. Any person who has served in any war or armed conflict in which the United States was engaged and is honorably discharged or released under honorable circumstances from active service if, as a result of military service, the person is blind, paraplegic, or a double or quadruple amputee or has a service connected disability declared by the United States Veterans’ Administration or its successor to be a total one hundred percent (100%) permanent disability.

B. Any person who serves as a member of a reserve component of the armed forces and is called to active duty at any time during the taxable year. For purposes of this subsection, “reserve component of the armed forces” shall mean the Unites States Army Reserve, United States Navy Reserve, United States Marine Corps Reserve, United States Coast Guard Reserve, United States Air Force Reserve, the Pennsylvania Army National Guard or the Pennsylvania Air National Guard.

C. Any person whose total earned income and/or net profits from all sources within the Home Rule Borough of Edinboro is less than Twelve Thousand Dollars ($12,000.00). Any person claiming an exemption on this ground must annually file an exemption certificate with the Home Rule Borough of Edinboro, the Borough’s designated agent, and with his or her employer. IF a person who claimed an exemption for a given calendar year becomes subject to the tax, his employer shall withhold the tax for the remainder of the calendar year, including a lump sum payment equal to the amount of tax that was not collected. The Exemption Certificate shall be prescribed by the Pennsylvania Department of Community and Economic Development and will be made available to all taxpayers and employers. Employers shall ensure that the Exemption Certificates are readily available to employees at all items and shall furnish each new employee with a form Certificate at the time of hire.

(1) A person seeking to claim an exemption from the local services tax may annually file an exemption certificate with the Home Rule Borough of Edinboro and with the person’s employer affirming that the person reasonably expects to receive earned income and net profits from all sources within the Home Rule Borough of Edinboro of less than twelve thousand dollars ($12,000) in the calendar year for which the exemption certificate is filed. The exemption certificate shall have attached to it a copy of all of the employee’s last pay stubs or W-2 forms from employment within the political subdivision for the year prior to the fiscal year for which the employee is requesting to be exempt from the local services tax. Upon receipt of the exemption certificate and until otherwise instructed by the Home Rule Borough of Edinboro the tax or except as required by clause (2), the employer shall not withhold the tax from the person during the calendar year or the remainder of the calendar year for which the exemption certificate applies. Employers shall ensure that the exemption certificate forms are readily available to employees at all times and shall furnish each new employee with a form at the time of hiring.

(2) With respect to a person who claimed an exemption for a given calendar year from the local services tax, upon notification to an employer by the person or by the Home Rule Borough of Edinboro that the person has received earned income and net profits from all sources within the Home Rule Borough of Edinboro equal to or in excess of twelve thousand dollars ($12,000) in that calendar year, or that the person is otherwise ineligible for the tax exemption for that calendar year, or upon an employer’s payment to a person of earned income within the Home Rule Borough of Edinboro in an amount equal to or in excess of twelve thousand dollars ($12,000) in that calendar year, that employer shall withhold the local services tax from the person under clause (3).

(3) If a person who claimed an exemption for a given calendar year from the local services tax becomes subject to the tax for the remainder of that calendar year under clause (2), the employer shall withhold the tax for the remainder of that calendar year. The employer shall withhold from the person, for the first payroll period after receipt of the notification under clause (2), a lump sum equal to the amount of tax that was not withheld from the person due to the exemption claimed by the person under this subsection, plus the per payroll amount due for that first payroll period. The amount of tax withheld per payroll period for the remaining payroll periods in that calendar year shall be the same amount withheld for other employees. In the event the employment of a person subject tot withholding of the tax under this clause is subsequently severed in that calendar year, the person shall be liable for any outstanding balance of tax due, and the Home Rule Borough of Edinboro may pursue collection under this act.

(4) Except as provided in clause (2), it is the intent of this subsection that employers shall not be responsible for investigating exemption certificates, monitoring tax exemption eligibility or exempting an employee from a local services tax.

SECTION 8 - ADMINISTRATION AND ENFORCEMENT OF TAX. The Tax Collector shall collect and receive the taxes, interest, fines and penalties imposed by this Ordinance, and shall maintain records showing the amounts received and the dates such amounts were received. The Tax Collector shall prescribe and issue all forms necessary for the administration of the tax and may adopt and enforce regulations relating to any matter pertaining to the administration of this Ordinance. The Tax Collector and agents designated by him may examine the records of any employer and/or supposed employer or of any taxpayer in order to ascertain a tax due or verify the accuracy of any return. Every employer or supposed employer and every taxpayer or supposed taxpayer shall give the Tax Collector and any agent designated by him all means, facilities, and opportunity for the examinations hereby authorized.

SECTION 9 - COLLECTION. The Tax Collector shall collect, by suit or otherwise, all taxes, interest, costs, fines and penalties due under this Ordinance and unpaid. If, for any reason, any tax is not paid when due, interest at the rate of six percent (6%) per year on the amount of the unpaid taxes and an additional penalty of one-half of one percent (1/2 of 1%) of the amount of the unpaid tax, for each month or fraction of month during which the tax remains unpaid shall be added and collected. Whenever suit is brought for the recovery of unpaid tax, the taxpayer shall, in addition, be liable for the costs of collection, as well as for interest and penalties. The Tax Collector may accept payment under protest of the tax claimed by the Borough of Edinboro in any case where any person disputes the Borough of Edinboro’s claim for the tax. If a court of competent jurisdiction thereafter decides that there has been overpayment to the Tax Collector, the Tax Collector shall refund the amount of the overpayment to the person who paid under protest. Any action instituted for such judicial determination shall be instituted within two (2) years of the last day of the period for which the tax is disputed or claim made. All refunds shall be made in conformity with the procedures prescribed by the Borough of Edinboro.

SECTION 10 - PENALTIES. An employer or taxpayer who makes a false or untrue statement on any return required by this Ordinance, who refuses inspection of his records in his custody and control, setting forth his employees subject to this tax, who fails or refuses to file a return required by this Ordinance, or who violates any other provision of this Ordinance, shall, upon conviction thereof, be sentenced to pay a fine of not more than Five Hundred Dollars ($500.00) per occurrence and cost and in default of payment, shall be sentenced to imprisonment not to exceed thirty (30) days.

A. It shall be the duty of the Tax Collector to accept and receive payment of this tax and to keep a record thereof showing the amount received by him from each employer or self-employed person, together with the date the tax was received.

B. The Tax Collector is hereby charged with the administration and enforcement of this Ordinance. The collection of delinquent Local Services Taxes may be made and enforced in the manner provided by law for the collection and enforcement of other taxes, as well as from the employer of the taxpayer, as provided in Sections 18, 19, 20, 21 and 22.1 of the Local Tax Enabling Act, as amended, which sections are incorporated by reference.

SECTION 12 – USE OF TAX FUNDS. At least twenty-five percent (25%) of the funds collected from the tax shall be used to fund emergency services within the Home Rule Borough of Edinboro.

SECTION 13 - VALIDITY. The provisions of this Ordinance are severable and if any of its provisions shall be held invalid or unconstitutional, the decision of the Court shall not affect or invalidate any of the remaining provisions. It is hereby declared to be the legislative intent that this Ordinance would have been adopted if such illegal, invalid or unconstitutional provision had not been included herein.

SECTION 14 - REPEALER. All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed, it being understood and intended that all ordinances and the Code of the Borough of Edinboro, such as are not otherwise specifically in conflict or inconsistent with this ordinance, shall remain in full force and effect, the same being reaffirmed hereby.

SECTION 15 - REVISIONS. The Council of the Home Rule Borough of Edinboro does hereby reserve the right, form time to time, to adopt modifications of, supplements to, or amendments of its ordinance, including this provision.

SECTION 16 - SEVERABILITY. If any sentence, clause, section, term, phrase or part of this ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, terms, provisions, or parts of this ordinance. It is hereby declared the intent of the Council of the Home Rule Borough of Edinboro that this ordinance would have been adopted had such an unconstitutional, illegal, or invalid sentence, clause, section, or part thereof not been included herein.

SECTION 17 - DURATION. The tax imposed by this Ordinance shall continue in force on a calendar year basis without annual reenactment.

SECTION 18 - EFFECTIVE DATE. This Ordinance shall be effective January 1, 2008.

SECTION 19 – FAILURE TO ENFORCE. The failure of the Home Rule Borough of Edinboro to enforce any provision of this ordinance shall not constitute a waiver by the Home Rule Borough of Edinboro of its rights of future enforcement hereunder.

ORDAINED AND ENACTED by Council of the Home Rule Borough of Edinboro, this 26th day of November, A.D., 2007.

Jean Davis moved adoption of the first reading of Ordinance 552 and Robert Cannell seconded. The first reading passed by 6-0 roll call vote: Gregory Lucas, absent; Clifford Allen, yes; H. Robert Cannell, yes; Robert Cogan, yes; Jean Davis, yes; Dennis Travis, yes; and Mary Ann Horne, yes.

Jean Davis moved to adopt Ordinance 553 amending section 22-1106 for its final reading as follows:

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:

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.

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

Jean Davis introduced Ordinance 554 amending the Rental Lease Tax Rate as follows:

HOME RULE BOROUGH OF EDINBORO, CHAPTER 24, TAXATION; SPECIAL, TO AMEND PART 7 §704, RESIDENTIAL RENTAL TAX, TO ESTABLISH THE RATE OF SUCH TAX.

BE AND IT IS HEREBY ORDAINED AND ENACTED by Borough Council of the Home Rule Borough of Edinboro, Erie County, Pennsylvania, as follows:

Section 1. The Code of Ordinances of the Home Rule Borough of Edinboro, Chapter 24, Taxation; Special, shall be amended by amending Part 7 §704 as follows:

A tax is hereby levied and imposed, for general Borough purposes, on every Lease Transaction, at the rate of fifty ($50.00) dollars.

It is the intent and purpose of this Ordinance that the remaining terms, provisions and sections of Ordinance 541 of 2007 and being Chapter 24, Part 7, are hereby ratified and reenacted.

DULY ORDAINED AND ENACTED this 26^th day of November, 2007, by Council of

The Home Rule Borough of Edinboro, Erie County, Pennsylvania, in lawful session duly assembled.

Jean Davis moved adoption of Ordinance 554 on the first reading and Robert Cannell seconded. Discussion followed. Mr. Cogan stated, since he was not at the budget workshops to ask about Ordinance 554-559 that maybe it was too much too soon. He had a concern about the amount of the increase, form $30 to $50. He asked Solicitor Marsh if, in Marsh’s professional opinion, the increase in the real estate tax millage done in conjunction with enacting a homestead exemption, would withstand a challenge in court by injunction. Solicitor Marsh stated that Manager Jemetz has been careful to show they are separate, since we are one of the first municipalities enacting the Homestead Act. Mr. Cogan asked, if for some misfortune, the increase were to be reversed, could the Borough recover form a short fall in the next year by repealing the Homestead Exemption and lowering the millage again. Solicitor Marsh replied that rates can be enacted annually by resolution, so the amount of the Homestead Exemption could be changed, for example to $1.00. Being no further questions, Mayor Horne asked for a roll call vote. Jean Davis, yes; Dennis Travis, yes; Gregory Lucas, absent; Clifford Allen, yes; H. Robert Cannell, yes; Robert Cogan, yes; and Mary Ann Horne, yes. The motion passed by unanimous 6-0 roll call vote.

Jean Davis introduced Ordinance 555 Homestead Act for its first reading and seconded by Clifford Allen.

AN ORDINANCE OF THE HOME RULE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA, ENACTING AND CREATING PART 8 of CHAPTER 24 OF THE BOROUGH OF EDINBORO CODE BY ESTABLISHING A HOMESTEAD PROPERTY EXCLUSION FROM THE HOME RULE BOROUGH OF EDINBORO REAL ESTATE TAXES AND REGULATIONS RELATED THERETO PURSUANT TO THE HOMESTEAD PROPERTY EXCLUSION PROGRAM ACT, 53 Pa.C.S.A. § 8581 et seq.

WHEREAS, the Homestead Property Exclusion Program Act, 53 Pa.C.S.A. § 8581 et seq, as amended, (the “Homestead Property Exclusion Program Act”) authorizes Borough Council to exclude from taxation a fixed dollar amount of the assessed value of each qualified homestead property in the Borough subject to certain limitations; and

WHEREAS, the Home Rule Borough of Edinboro has the additional and complimentary authority to enact the within ordinance in accordance with the powers granted to it, as a Home Rule Municipality; and

WHEREAS, the Council of the Home Rule Borough of Edinboro desires to create and establish Chapter 24, Part 8 of the Borough of Edinboro Code in order to establish a Homestead Property and Farmstead Property Exclusion from the Home Rule Borough real estate taxes.

SECTION 1: Chapter 24, Part 8, of the Borough of Edinboro Code is amended to create a new Part 8 entitled, “Homestead Property Exclusion Program” as follows:

a. Title. This Ordinance shall be known and cited as the “Homestead Property Exclusion Program Ordinance.”

b. Definitions and Construction. The definitions of terminology contained in the Homestead Property Exclusion Program Act, 53 Pa.C.S.A. § 8581 et seq., as amended, (the “Homestead Property Exclusion Program Act”) are incorporated herein by reference. All terminology contained in this Article and all provisions of this Article shall be construed in accordance with the Homestead Property Exclusion Program Act.

c. Homestead Property Exclusion. A Homestead Property Exclusion is hereby created and established pursuant to the Homestead Property Exclusion Program Act for all applicable properties in the Borough. The initial $50,000 of the assessed value of any homestead property in the Borough is excluded from Borough real estate taxes.

d. Farmstead Property Exclusion. A Farmstead Property Exclusion is hereby created and established pursuant to the Homestead Property Exclusion Act for all applicable properties in the Borough. The initial $10,000 of assessed value of any farmstead property located in the Home Rule Borough of Edinboro is excluded form the Home Rule Borough of Edinboro real estate taxes. The exclusion for farmstead property shall be in addition to the exclusion for homestead property for which the dwelling on the farm may qualify.

e. Administration and Regulations. The Erie County Assessment Office, or its successor, and the Borough Manager, or his designee, shall be responsible for administering this Ordinance. The Erie County Assessment Office and the Borough Manager shall have the authority to issue regulations with respect to the administration and implementation of this Ordinance provided that such regulations comply with the Homestead Property Exclusion Program Act.

f. Applicability. The homestead property exclusions established under this Ordinance shall apply to the 2008 Borough real estate tax year and all succeeding Borough real estate tax years until further amended as provided by law.

g. Severability. If a final decision of a court of competent jurisdiction holds any provision of this Ordinance or the application of any provision to any circumstances to be invalid, illegal or unconstitutional, then the other provisions of this Ordinance or the application of such provision to other circumstances shall remain in full force and effect.

SECTION 2: All prior ordinances are hereby repealed in whole or in part to the extent they are inconsistent herewith.

SECTION 3: This Ordinance shall be effective immediately following the carrying out of publication or recording as required by law.

Jean Davis stated that the Attorney Ritchie T. Marsh has reviewed this with Manager Jemetz and Assistant to the Manager Lander. We have reviewed in the budget meeting and it is appropriate to do. Clifford Allen stated it was a great effort of Council and management to come up with a financial package in a timely manner and positive manner to make Edinboro the best place to live. Robert Cogan stated he felt the whole strategy was brilliant, like a new combination of moves made for the first time in the middle of a chess game, one deserving of two exclamation points. With no other comments, Mayor Horne asked for a roll call vote on the first reading of Ordinance 555. Gregory Lucas, absent; Clifford Allen, yes; H. Robert Cannell, yes; Robert Cogan, yes; Jean Davis, yes; Dennis Travis, yes; and Mary Ann Horne, yes. The motion passed by unanimous 6-0 roll call vote.

Jean Davis introduced Ordinance 556 regarding realty transfer tax for its first reading and H. Robert Cannell seconded as follows:

HOME RULE BOROUGH OF EDINBORO, CHAPTER 24, TAXATION; SPECIAL, TO AMEND PART 4 §404, REALTY TRANSFER TAX, Paragraph 1 TO ESTABLISH THE RATE OF SUCH TAX.

BE AND IT IS HEREBY ORDAINED AND ENACTED by Borough Council of the Home Rule Borough of Edinboro, Erie County, Pennsylvania, as follows:

Section 1. The Code of Ordinances of the Home Rule Borough of Edinboro, Chapter 24, Taxation; Special, shall be amended by amending Part 4 §404 as follows:

1. Every person who makes, executes, delivers, accepts or presents for recording any document or in whose behalf any document is made, executed, delivered, accepted or presented for recording, shall be subject to pay for and in respect to the transaction or any part thereof, a tax at the rate of 1.5% of the value of the real estate represented by such document, which tax shall be payable at the earlier of the time the document is presented for recording or within 30 days of acceptance of such document or within 30 days of becoming an acquired company.

It is the intent and purpose of this Ordinance that the remaining terms, provisions and sections of Ordinance 541 of 2007 and being Chapter 24, Part 4, are hereby ratified and reenacted.

The Home Rule Borough of Edinboro, Erie County, Pennsylvania, in lawful session duly assembled.

Jean Davis noted that this ordinance increased the realty transfer tax from 1% to 1.5% which is 1% for the Borough. Robert Cogan noted that it should help with shortfall from Homestead Act and all taxation is disincentives but since when you go form 100% owner occupied to 35% owner occupied and 65% renter occupied the vast majority of transfers must be form resident owners to absentee landlords, the disincentive must primarily retard rental conversions. The first reading passed by unanimous 6-0 roll call vote: Robert Cogan, yes; Jean Davis, yes; Dennis Travis, yes; Gregory Lucas, absent; Clifford Allen, yes; H. Robert Cannell, yes; and Mary Ann Horne, yes.

Jean Davis introduced Ordinance 557 for its second reading amending Chapter 15 as follows:

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 15 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:

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.

Jean Davis moved adoption of the send reading Ordinance 557 and Clifford Allen seconded. Discussion followed regarding changing the speed limit from 25mph to 15mph on Maple Drive. Dennis Travis moved to amend Ordinance 557 to read 15mph instead of 20mph on Maple Drive and Robert Cogan seconded. Discussion followed and Mayor Horne asked for a voice vote on the amendment. The amendment passed by 4-2 voice vote. Mayor Horne asked for a roll call vote on the second reading of the amended Ordinance 557. The motion passed by unanimous 6-0 roll call vote: H. Robert Cannell, yes; Robert Cogan, yes; Jean Davis, yes; Dennis Travis, yes; Gregory Lucas, absent; Clifford Allen, yes; and Mary Ann Horne, yes.

Jean Davis went on to introduce Ordinance 558 regarding the real estate tax levy for 2008 for it’s first reading as follows:

AN ORDINANCE OF THE Home Rule Borough of Edinboro, County of Erie, Commonwealth of Pennsylvania, fixing the tax rate for the year 2008.

BE IT ORDAINED AND ENACTED, and it is hereby ordained and enacted by the Council of the Home Rule Borough of Edinboro that a tax be and the same is hereby levied on all real property within the Borough as follows: Tax rate for general purposes, the sum of 4.85 mills on each dollar of assessed valuation and 00.5 mills for special purpose – pensions on each dollar of assessed valuation for a total of 5.35 mills.

That any ordinance, or part of ordinance, conflicting with this ordinance be and the same is hereby repealed insofar as the same affects this ordinance.

Jean Davis moved adoption of the first reading and Robert Cannell seconded. Discuss followed and it was noted that most residents would have a homestead exemption. The motion passed by unanimous roll call vote: Clifford Allen, yes; H. Robert Cannell, yes; Robert Cogan, yes; Jean Davis, yes; Dennis Travis, yes; Gregory Lucas, absent; and Mary Ann Horne, yes.

Jean Davis introduced Ordinance 559 regarding Earned Income Tax rate (EIT) as follows:

HOME RULE BOROUGH OF EDINBORO, CHAPTER 24, TAXATION; SPECIAL, TO AMEND PART 3, 24§303 EARNED INCOME TAX, TO ESTABLISH THE RATE OF SUCH TAX.

BE AND IT IS HEREBY ORDAINED AND ENACTED by Borough Council of the Home Rule Borough of Edinboro, Erie County, Pennsylvania, as follows:

Section 1. The Code of Ordinances of the Home Rule Borough of Edinboro, Chapter 24, Taxation; Special, shall be amended by amending Part 3 §303 as follows:

A tax for general revenue purposes in the amount of 1.5% (.5% School District and 1.0%Borough of Edinboro) is hereby imposed on earned income and net profits earned by residents of the Borough of Edinboro and upon all nonresidents of the Borough of Edinboro who are lawfully subjected to said tax under the provisions of the local Tax Enabling Act, Act No. 511 of 1965, as amended. Said levy shall apply to income earned during the taxable year, beginning on the first day of January, 2008 and continuing for each taxable year thereafter.

It is the intent and purpose of this Ordinance that the remaining terms, provisions and sections of Ordinance 541 of 2007 and being Chapter 24, Part 3, are hereby ratified and reenacted.

The Home Rule Borough of Edinboro, Erie County, Pennsylvania, in lawful session duly assembled.

Jean Davis moved adoption of the first reading and h. Robert Cannell seconded. Jean Davis noted that this will lower the EIT from 2% to 1.5% and make the Borough more competitive with this combined package. Mary Ann Horne stated that this should encourage families and wage earners back into our Borough. The motion passed unanimously by 6-0 roll call vote: H. Robert Cannell, yes; Robert Cogan, yes; Jean Davis, yes; Dennis Travis, yes; Gregory Lucas, absent; Clifford Allen, yes; and Mary Ann Horne, yes.

Jean Davis went on to introduce the last ordinance for tonight, Ordinance 560 amending the recycling ordinance to allow for single stream recycling.

AN ORDINANCE AMENDING Chapter 20 OF THE CODE OF THE BOROUGH OF EDINBORO, AND SPECIFICALLY AMENDING Part 1 “Garbage and Recycling”.

SECTION 1. Ordinance 545 of the Code of the Borough of Edinboro, §20-102 Definitions is hereby amended as follows:

Delete the following portion from RECYCLABLE MATERIALS: “Only high density polyethylene (HDPE) which is translucent, moderately flexible to stiff, such as milk bottles, and polyethylene, terepthalate (PET) which is transparent and stiff with no handles, such as soda bottles, and PVC will be acceptable recyclables.” The list of these materials, “and how to sort or prepare them,” is kept current in the Borough Manager’s office.

COMMERCIAL ESTABLISHMENT – replace “refuse” with “refuse and recyclables” as follows: all persons, firms, partnerships, associations or corporations who or which own or operate stores, restaurants, industries, institutions and other similar places, public or private, charitable or noncharitable, which, in the operation of said commercial establishment, has or accumulates refuse and recyclables in and about its premises or elsewhere.

PLASTICS – all containers with a number 1 through 7 in the recycling symbol on the bottom of the container. All plastic grocery bags.

RECYCLABLE MATERIALS – All plastics HDPE, PET, PVC, etc. Numbers 1 through 7 plastics.

SINGLE STREAM - all recyclables can be placed together in the same bin or container. No sorting is required.

USER – replace “refuse” with “refuse/recycling” as follows: a person or persons receiving refuse/recycling collection services from the Borough of Edinboro.

SECTION 2. Ordinance 545 of the Code of the Borough of Edinboro, §20-107 Fees is hereby amended as follows:

1. Every resident, householder, tenant or person producing garbage or refuse, or recyclables, removed by the Borough of Edinboro or the Borough’s agent, shall pay to the Borough of Edinboro a fee or charge as hereinafter provided for its services in collecting and removing such garbage or refuse or recyclables. This fee, as set by resolution of Council, shall include a penalty for late payment.

SECTION 3. Ordinance 545 of the Code of the Borough of Edinboro, §20-111 Penalty; Enforcement is hereby amended to add the following:

1. Zoning Officer and/or a designated representative has the right to impose a specified fee for failure of an owner to comply with the ordinance. Such fee shall be $25 for curb side violations and $75 for dumpster violations. This fee, maybe from time to time modified and/or amended by further resolution of the Council and shall include a penalty for late payment as established by Borough Council.

SECTION 4. It is the intent and purpose of this Ordinance that the remaining terms, provisions and sections of Ordinance 541 of 2007 and being Chapter 20 are hereby ratified and reenacted.

The Home Rule Borough of Edinboro, Erie County, Pennsylvania, in lawful session duly assembled.

Jean Davis moved adoption of the reading of Ordinance 560 which will be read in it’s final reading next meeting. Robert Cogan seconded the motion and discussion followed. Jean Davis stated this change would be an advantage to the Borough with more items being collected we should get greater performance grant monies in the future. The motion passed by unanimous roll call vote: Gregory Lucas, absent; Clifford Allen, yes; H. Robert Cannell, yes; Robert Cogan, yes; Jean Davis, yes; Dennis Travis, yes; and Mary Ann Horne, yes.

Committee of the Whole: Mayor Horne reminded everyone that budget workshops would be October 24, November 5, November 19, November 28 and December 5 as needed at 6:30 p.m.

Solicitor Marsh stated he was busy working with the Manager and Assistant to the Manager on the new ordinances and revenue options.

Manager Jemetz reviewed his written report in detail with Council. Manager Jemetz thanked Solicitor Marsh and Marie Lander for their hours of hard work toward the new budget options.

Robert Cannell commended the Manager, Solicitor, and Assistant to the Manager for their new approach to the revenue. He felt this would start lifting a great burden from citizens.

Jean Davis moved to approve the bills as presented for October 22, 2007 of $171,823.58 which Clifford Allen seconded. The motion passed by 6-0 voice vote.

Jean Davis moved authorization to approve payroll ending October 6 and paid October 12, 2007 totaling $52,682.93. Jean noted that Homecoming was part of the overtime in this payroll. Robert Cogan seconded the motion and it passed by unanimous 6-0 voice vote.

Mayor Horne discussed the revisions in the CDBG found in the packet on Page 50 to 61. Jean Davis moved to authorize the revision and Clifford Allen seconded. The motion passed by 6-0 voice vote.

Police – Monthly reports were available for review. It was noted that the new no parking times should be listed on the cable station.

Code Enforcement/Planning/Zoning –Monthly report and notice of zoning hearing was in the packets.

Clifford Allen requested an executive session at 8:20 p.m. to discuss a possible litigation issue. Jean Davis seconded the motion and the Council adjourned to executive session.

Council returned at 8:55 p.m.. Clifford Allen reported that no decisions were made in executive session but they discussed and got an understanding of possible pending litigation so Council has a better understanding.

Public Works: Clifford Allen informed the Manager that the retaining wall should be reviewed for maintenance.

Wastewater Collection & Treatment – Public hearing and public input on the Single Joint Act 537 Plan Update Revision at 7:00 pm prior to this meeting.

Jean Davis moved adoption of Resolution 21-2007 and Robert Cogan seconded as follows:

WHEREAS, Council of the Home Rule Borough of Edinboro is responsible for having the Municipal Authority of the Borough of Edinboro review the Single Joint Act 537 Plan Update Revision for the Borough of Edinboro and Washington Township; and

WHEREAS, the Municipal Authority of the Borough of Edinboro has received and reviewed the proposed Single Joint Act 537 Plan Update Revision; and

WHEREAS, the Municipal Authority of the Borough of Edinboro recommends adoption of the Single Joint Act 537 Plan Update Revision for the Borough of Edinboro and Washington Township; and

NOW, THEREFORE, BE IT RESOLVED by Borough Council assembled this 22^nd day of October, 2007 accepts the Municipal Authority of the Borough of Edinboro recommendations on the Single Joint Act 537 Plan Update Revision of the Borough of Edinboro and Washington Township.

The resolution was to accept the recommendation of the Municipal Authority regarding the Joint 537 Plan update study.

RESOLUTION OF COUNCIL OF THE HOME RULE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA (hereinafter “Borough”).

WHEREAS, Section 5 of the Act of January 24, 1966, P.L. 1535, No. 537, known as the “Pennsylvania Sewage Facilities Act,” as amended, and the Rules and Regulations of the Department of Environmental Protection (hereinafter, “Department”) adopted thereunder, Chapter 71 of Title 25 of the Pennsylvania Code, requires municipalities to adopt an Official Sewage Facilities Plan providing for sewage services adequate to prevent contamination of waters and/or environmental health hazards with sewage wastes, and to revise said plan whenever it is necessary to meet the sewage disposal needs of the municipality, and

WHEREAS, the Washington Township (hereinafter, “Township”) consultant, Deiss & Halmi Engineering, has jointly prepared with the Home Rule Borough of Edinboro and their consultant, Herbert, Rowland & Grubic, Inc., a Special Study to the Single Joint Act 537 Plan Update Revision (hereinafter “Facilities Plan”) which provides for sewage facilities in the Township of Washington and the Home Rule Borough of Edinboro, and

WHEREAS, the alternative of choice to be implemented by the Township is to expand and upgrade the Edinboro sewage treatment plant at its present location to a capacity of 1.8 million gallons per day with its discharge to Conneauttee Creek to remain, convert the Township’s Angling Road sewage treatment plant to a pump station, and convey all wastewater from the Township to the expanded Edinboro plant via a force main through the Culbertson Hills Golf Course to near Sherrod Hill Road then by gravity to the Edinboro plant, and

WHEREAS, the Township and Borough finds that the Facilities Plan described above conforms to applicable zoning, subdivision, other municipal ordinances and plans and to a comprehensive program of pollution control and water quality management.

NOW, THEREFORE, BE IT RESOLVED that the Council of the Home Rule Borough of Edinboro assembled this 22^nd day of October, 2007, hereby adopts the revision to the “Official Plan” entitled “Special Study to the Single Joint Act 537 Plan Update Revision” October 18, 2007, prepared by Deiss & Halmi Engineering in the form and content presented at the public meeting, as the official sewage facilities plan for the Home Rule Borough of Edinboro in accordance with the Pennsylvania Sewage Facilities Act and the regulations of the Department.

Adopted this 22nd day of October, 2007 that the Council of the Home Rule Borough of Edinboro, Erie County, Pennsylvania at its regularly scheduled meeting of October 22, 2007, hereby adopts Resolution 22-2007.

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

Environmental Shade Tree Advisory Committee: Mayor Horne stated that she would take care of the Lakeside tree request that Clifford Allen had brought up as new business.

Robert Cogan stated that the Edinboro area did not have a foundation like the Erie Community Foundation. We do not have a single general purpose charitable foundation. In the past the Gillespie Foundation gave grants to the Borough but presently they are giving out scholarships. Jean Davis stated that when Jon Foulkrod became president of the Foundation funds stopped coming to the Borough. We have a lot of 501(c) 3 organizations in the Borough. Mr. Cogan stated he thought the Borough ought to get copies of the founding documents of the Gillespie Foundation. We should not ignore a Foundation with one million dollars in assets. We should seek to get a municipal representative on the Board, and to seek to create a regional general purpose charitable foundation with Washington Township and other municipalities.

Mr. Cogan also offered to help anyone who would like to get an email account and to learn how to see the PA statues and codes online.

Mr. Cogan and his wife would like to clean the 300 block of Waterford Street which is 6N from Shelhammer to Perry Lane.

Clifford Allen’s new business was taken care of during the meeting. The litigation item was reviewed in executive session; Sue Sander’s memorial tree request will be taken care of by Shade Tree Committee; and Manager Jemetz will look into the Peach Street retaining walls for maintenance of several holes.

Adjournment:

Clifford Allen moved for adjournment, and the meeting was adjourned at 9:07 P.M.

COUNCIL APPROVED:

· Ordinance 557 – Change Chapter 15 – speed limit Maple Dr; one way Lakeside Dr -2nd reading

· Ordinance 552, 554, 555, 556, 558, 559, 560 1^st readings- taxes/income options 2008

II. Roll Call: Clifford “Kip” Allen ____, Bob Cogan _____, H. Robert Cannell __, Jean Davis ____, Greg Lucas ABSENT_, Dennis Travis ____, Mayor Mary Ann Horne __ Manager Taras Jemetz _____, Solicitor Marsh _____; and Marie Lander, Assistant to the Manager_____.

1. Michael Amidon – discuss Ordinance regarding storage recreational/avocational vehicles.

VI. Old Business –

A. Committee Reports –

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

d) Ordinance 554 – Amending Rental Lease Tax Rate – Advertise for Hearing & Action 11/26

f) Ordinance 556 – Realty Transfer Tax – Advertise for Hearing & Action 11/26

h) Ordinance 558 – Real Estate Tax Levy – Advertise for Hearing & Action 11/26

i) Ordinance 559 – EIT Amended rate – Advertise for Hearing & Action 11/26

· Authorization to approve payroll ending October paid October 12, 2007 totaling $52,682.93

VII. Communications

7 PM; 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..

[JR1]Add ‘or the “Home Rule Borough” here.

[JR2]From, not form

[JR3]This should be “form” as originally stated.

[JR4]“J” not “H”