Home Rule Borough of Edinboro

Council Minutes

November 12, 2007

Call to Order:

Mayor Horne called the meeting to order on Monday, October 22, 2007 at 7:00 p.m.

Roll Call:

Robert Cogan, Jean Davis, Greg Lucas, Robert Cannell, Dennis Travis, and Mary Ann Horne were present. Member absent was Clifford Allen. Others present included Manager “TJ” Jemetz; and Code Enforcement Officer Dave Zamierowski. Guests present were Kellie Culbertson; Nancy Crawford; Michael Amidon; George Shimpeno; and Meghan Moeslein of the Edinboro News.

Approval of Minutes:

Robert Cannell moved approval of the regular meeting minutes of October 22, 2007. Jean Davis seconded the motion and it passed by 5-0-1 voice vote, with Greg Lucas abstaining because he was absent.

Approval of agenda:

Mayor Horne asked for a motion to approve the agenda as printed and posted.

Jean Davis moved to accept the agenda as posted and Greg Lucas seconded.

The agenda passed by 6-0 voice vote.

Public Participation:

Michael Amidon, 809 Lakeside Drive.

Mr. Amidon addressed Council regarding the Zoning Ordnances that deal with recreational vehicles.

The basis of his complaint is that there is not enough room with the small lots to store vehicles and that Council should consider changing the rules to allow for the storage of recreational vehicles on Lakeside. He brought in photos that he said showed several similar violations in Lakeside area.

The Manager explained that if we did change the ordinances, there would be some unhappy Lakeside residents who want to keep the area looking nice. The Mayor mentioned that some people have put a lot of money into their houses and that they want the area looking nice.

Council Member Davis mentioned that she remembers the history of the ordnances in question and explained that they apply to all of Edinboro.

The Manager explained that as long as the ordnances are on the books and he receives complaints from neighbors, or other concerned residents, about violations, he will enforce the ordnances. He mentioned that there are places where our residents can store recreational vehicles other than on their property.

The Mayor agreed that the matter could be reviewed by the Zoning Hearing Board. The Manager reminded Mr. Amidon that this does not in anyway impact his court case over the matter. Mr. Amidon said that he understood.

George Shimpino, 213 Beech Street.

Stated he felt the ordinance just discussed was doing a good job and should not be changed.

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

Old Business:

Committee Reports:

Finance Committee: Jean Davis moved acceptance of bills as presented for November 12, 2007 of $134,883.69 which Greg Lucas seconded. The motion passed by 6-0 voice vote.

Jean Davis moved authorization to approve payroll ending October 20 and paid October 26, 2007 totaling $48,987.82 and payroll ending November 3 and paid November 9, 2007 totaling $49,829.97. Greg Lucas seconded the motion and it passed by unanimous 6-0 voice vote.

Jean reminded the committee of the pension review meeting of November 20^th at 9 a.m.

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

LOCAL SERVICES TAX

HOME RULE BOROUGH OF EDINBORO,

ERIE COUNTY, PENNSYLVANIA

ORDINANCE NO. 552 - 2007

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.

SECTION 7 - EXEMPTION. The following persons shall be exempt form the tax:

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.

SECTION 11 - ADMINISTRATION BY BOROUGH.

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

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

Home Rule Borough of Edinboro

ORDINANCE NO. 554 of 2007

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE

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:

PART 7

RESIDENTIAL RENTAL TAX

§704. IMPOSITION OF TAX.

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 second reading and Robert Cogan seconded. Mayor Horne asked for a roll call vote. Jean Davis, yes; Dennis Travis, yes; Gregory Lucas, yes; Clifford Allen, absent; 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 second reading and seconded by Robert Cogan.

HOME RULE BOROUGH OF EDINBORO

ORDINANCE 555 of 2007

HOMESTEAD PROPERTY EXCLUSION

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.

Mayor Horne asked for a roll call vote on the second reading of Ordinance 555. The vote was Gregory Lucas, yes; Clifford Allen, absent; 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 moved adoption of Ordinance 556 regarding realty transfer tax for its second reading and Robert Cogan seconded as follows:

Home Rule Borough of Edinboro

ORDINANCE NO. 556 of 2007

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE

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:

PART 4

REALTY TRANSFER TAX

§404. IMPOSITION OF TAX; INTEREST

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.

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

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

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

Jean Davis introduced Ordinance 557 for its final reading amending Chapter 15 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 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:

Street From To Direction

Lakeside Drive Route 6N Peach Street North bound

Peach Street Lakeside 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.

The Mayor said that she attempted to Dive Maple Drive at 15 mph and found it to be way to slow and perhaps even dangerous because of other cars wishing to travel faster. The Manager mentioned that we received several letters objecting to the 15 mph speed limit. Some reasons included concerns that a 15 mph Maple Drive would divert traffic to Sunset Drive. Sunset Drive is much narrower than Maple Drive and Sunset Drive does not have a pedestrian sidewalk. The Manager suggested considering 20 mph as opposed to 15 mph. Council Member Travis suggested leaving the speed limit at 25 mph. Council by 6-0 voted to remove the section on Maple Drive from the Ordinance to read as follows:

HOME RULE BOROUGH OF EDINBORO

Ordinance No. 557

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 :

3. Provide the space necessary for the addition of a new sidewalk between 6N (Plum Street) and the existing Lakeside Path, and

4. 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

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 Lakeside Drive Monroe Street West Bound

Monroe Street Peach Street Cherry Street South Bound

Section 3. All ordinances or parts thereof, conflicting herewith be and the same as hereby repealed

Jean Davis moved adoption of Ordnance 557 dealing with the Lakeside/Peach/Monroe (partial) one-way proposal for it’s final reading and Greg Lucas seconded. The motion passed by roll call vote of 6-0: Dennis Travis, yes; Kip Allen, absent; Gregory Lucas, yes; Robert Cogan, yes; Jean Davis, yes; H. Robert Cannell, yes; and Mary Ann Horne, yes.

Jean Davis went on to move adoption of Ordinance 558 regarding the real estate tax levy for 2008 for it’s second reading as follows:

HOME RULE BOROUGH OF EDINBORO

TAX LEVY ORDINANCE NO 558

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.

The same being summarized in tabular form as follows:

Mills on Each

Dollar of

Assessed

Valuation

Tax Rate for General Purposes 4.85 Mills

Tax Rate for Special Purpose-Pensions 0.500 Mills

TOTAL 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.

Greg Lucas seconded and the motion passed by unanimous roll call vote: Clifford Allen, absent; H. Robert Cannell, yes; Robert Cogan, yes; Jean Davis, yes; Dennis Travis, yes; Gregory Lucas, yes; and Mary Ann Horne, yes.

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

HOME RULE BOROUGH OF EDINBORO

TAX LEVY ORDINANCE NO 559

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE

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:

PART 3

EARNED INCOME TAX

§303. IMPOSITION OF TAX

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.

DULY ORDAINED AND ENACTED this ____, 2007, by Council of

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

Jean Davis moved adoption of the second reading and Greg Lucas seconded. 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, yes; Clifford Allen, absent; 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.

HOME RULE BOROUGH OF EDINBORO

Ordinance No. 560

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

The Home Rule Borough of Edinboro hereby ordains and enacts as follows:

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.

And; In addition add the following:

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.

DULY ORDAINED AND ENACTED this ___ 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 the final of Ordinance 560 and Robert Cogan seconded the motion. The motion passed by unanimous roll call vote: Gregory Lucas, yes; Clifford Allen, absent; 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 November 19, November 28 and December 5 as needed at 6:30 p.m.

Solicitor’s Report:

Solicitor Marsh was not present.

Manager Report:

Manager Jemetz reviewed his written report in detail with Council.

Community Liaisons:

Environmental Shade Tree Advisory Committee: Mayor Horne stated that Lakeside Drive tree request that Clifford Allen had brought up last time was planted.

EUP: Mayor Horne informed Council that she would be speaking at the new University President’s inauguration.

Authority: Jean Davis reported that they met tonight and discussed the 537 approval and Terrace Drive project.

COMMUNICATIONS:

Food Pantry letter was received. Council Member Cannell suggested that the Borough send a letter of appreciation to the Food Pantry for the tremendous improvements to their effectiveness in the past year. Motion was seconded by Robert Cogan and passed by voice vote 6 to 0.

Several letters regarding Ordinance 557: Mary S. Smith; George W. Shimpeno; Steven R. Halmi.

Letter also received from Anthony Iaquinto a new business owner with concerns was in the packet for review.

Notice that Berkheimer has online filing and website for 2007 tax filing.

NEW BUSINESS:

Jean Davis moved approval of amendment to the Civil Service Regulations and Greg Lucas seconded as follows:

HOME RULE BOROUGH OF EDINBORO

RESOLUTION NO. 22-2007

WHEREAS, the current Rules and Regulations of the Home Rule Borough of Edinboro Civil Service Commission were adopted January 24, 1999; and

WHEREAS, on October 25, 2007, at a properly convened meeting, the Civil Service Commission of the Home Rule Borough of Edinboro by majority vote of Commissioners Stephen O’Neill, Robert Cogan, and Shawn Snarey adopted the attached Resolutions 1-2007 and Resolution 2-2007 amending Rules and Regulations of the Civil Service Commission of the Home Rule Borough of Edinboro, and

NOW, THEREFORE, BE IT RESOLVED, and the same is hereby resolved by the Council of the Home Rule Borough of Edinboro, assembled in meeting this 12th day of November, 2007 that the attached Resolutions amend Rules and Regulations of the Civil Service Commission of the Home Rule Borough of Edinboro are approved.

HOME RULE BOROUGH OF EDINBORO

CIVIL SERVICE COMMISSION

RESOLUTION 1-2007

WHEREAS, Section 2.7 of the Rules and Regulations for the Home Rule Borough of Edinboro Civil Service Commission provides for the designation of an examining agency or a qualified individual to act as examiner for the written examinations required by these Rules and Regulations; and

WHEREAS, that the Borough Manager and Police Chief per Resolution 1-2003 are authorized to utilize the services of a qualified examining agency or a qualified individual to act as examiner for the written examinations required by these Rules and Regulations. The written examination material shall be validated tests such as those supplied by the International Personnel Management Association or their equivalent.

NOW, THEREFORE, BE IT RESOLVED this 25^h day of October, 2007 that the Commission confirms that the written examinations shall be supplied, administered, and graded by Bill Gamble, Police Testing/Personnel Consultant of Oakdale, PA. for the 2007 - 2008 entry level written exams as recommended by the Borough Manager and Police Chief.

APPROVED by a majority of the Commission this 25^th day of October, 2007 at a properly convened sated meeting of the Commission.

HOME RULE BOROUGH OF EDINBORO

CIVIL SERVICE COMMISSION

RESOLUTION 2-2007

WHEREAS, Section 3.5 of the Rules and Regulations for the Home Rule Borough of Edinboro Civil Service Commission set the General Qualifications of all applicants required; and

WHEREAS, that the Police Chief recommends the qualifications be lowered from bachelor degree in a police-related field to an associate degree in a police-related field; and

WHEREAS, The intent and purpose of this Resolution that the remaining terms, provisions and sections of the Civil Service Rules & Regulations are hereby ratified and reenacted.

NOW, THEREFORE, BE IT RESOLVED this 25^h day of October, 2007 the Civil Service Commission agrees with the recommendations and amends Section 3.5 to read: “Every applicant at the time of application for any position in the police department shall possess either an associate degree in a police-related field, or two full years municipally-related police officer experience, or a high school diploma and two full years municipally-related police officer experience. In addition, every applicant must be a United States citizen, be physically and mentally fit to perform the full duties of a police officer, and possess both a valid motor vehicle operator’s license and a valid Act 120 certification. ”

APPROVED by a majority of the Commission this 24^th day of October, 2007 at a properly convened stated meeting of the commission.

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

Mayor Horne reminded everyone of the Nov 26^th hearing at 6:30 p.m. on the ordinances and budget for 2008.

Meeting schedule for 2008 was approved and discussion on summer meetings will follow in the spring.

Being no further new business, Mayor Horne asked for adjournment.

Adjournment:

Greg Lucas moved for adjournment, and the meeting was adjourned at 8:20 P.M.

ATTEST:

_______________________________ _____________________________

Manager T. Jemetz Mayor Mary Ann Horne

HIGHLIGHTS

October 22, 2007

COUNCIL APPROVED:

· Payment of bills

· Minutes

· Payroll

· Ordinance 557 – Change Chapter 15 – one way Lakeside Dr –final reading

· Ordinance 552, 554, 555, 556, 558, 559, 560 2nd readings- taxes/income options 2008

· Resolution 22-2007 approving civil service amendments to their rules and regulations

· Send letter to Food Pantry thanking them

POSTPONED

· Resolution 8-2006 –Policy special events

UPCOMING MEETINGS:

· Authority Meetings – Monday Dec 10 – 5 p.m.

· Budget Workshops October 17, Oct 24, Nov 5, Nov 19, Nov 28, Dec 5

· Ordinance HEARING November 26^th 6:30 p.m.

MANAGER INSTRUCTED TO:

Letter to Food Pantry

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING AGENDA

November 12, 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_absent.

III. Approval of Minutes

· Regularly Scheduled Meeting on October 22, 2007

Action: Motion to approve minutes

IV Approve AGENDA

a. Action: Motion to approve agenda

V. Public Participation –

A. Agenda Items –

B. Non Agenda Items –

VI. Old Business –

A. Committee Reports –

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

a. Authorization to approve bills paid November 12, 2007

Action: Motion to approve bills totaling $ 103,013.56

b. Authorization to approve payroll ending October 20 paid October 26, 2007 totaling $48,987.82 & Authorization to approve payroll ending November 3 paid November 9, 2007 totaling $49,829.97

c. Pension Review meeting Nov 20^th 9 a.m.

2. Cable TV Committee – Dennis Travis Chair

3. Ordinance Review Committee – Jean Davis Chair

a) Ordinance 552 – LST – 2^nd reading

b) Ordinance 554 – Amending Rental Lease Tax Rate – 2^nd reading

c) Ordinance 555 – Homestead Act – 2^nd reading

d) Ordinance 556 – Realty Transfer Tax – 2^nd reading

e) Ordinance 557 – Amending Chapter 15 – (see communications) FINAL Reading

f) Ordinance 558 – Real Estate Tax Levy – 2^nd Reading

g) Ordinance 559 – EIT Amended rate – 2^nd Reading

h) Ordinance 560 – Amending Recycling Chapter 20 – Final Reading

i) Groundwater Ordinance – in review

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

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:

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

9. Public Works

10. Wastewater Collection & Treatment

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:

VII. Communications

A. Edinboro Food Pantry – FYI

B. Mary S. Smith – Concern with Ordinance 557

C. George W. Shimpeno – Concern with Ordinance 557

D. Steven R. Halmi – Concern with Ordinance 557

E. Anthony Iaquinto – New Business owner concerns

F. Berkheimer online filing and website - FYI

VIII. New Business

A. Civil Service Commission – resolution 1-2007 and resolution 2-2007 of Civil Service Commission – ACTION: Resolution 22-2007 Approval of CSC Rules & Regulation changes

B. Reminder Hearing 6:30 p.m. Nov 26^th on Ordinances and budget for 2008

C. Approval of meeting schedule for 2008

IX. Adjournment

2007 EDINBORO BOROUGH COUNCIL

7 PM; Nov 26, and Dec 10 beginning at 7:00 p.m., except for Dec 17^th at 4:30 p.m..