HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
November 10, 2008
Call to Order:
The following Council members were present: Clifford “Kip” Allen, Michael Amidon, H. Robert Cannell, Greg Lucas, Jean Davis, Dennis Travis, and Mary Ann Horne. Also in attendance was T. Jemetz, Manager; Solicitor Ritchie Marsh; and Marie Lander, Assistant to the Manager. Guests included: Frank & Que Lasky; Officer Beuchert; and Amber Wellington of the Edinboro News.
Mayor Horne introduced the minutes from the regular Council meeting and budget workshop held October 27, 2008. Michael Amidon moved for approval of the minutes as printed. Jean Davis seconded, and the minutes were approved by a voice vote of 6-0-1 with Dr. Travis abstaining because he was absent October 27th.
Mayor Horne asked if there was anyone wishing to speak during public participation.
Being none, Mayor Horne moved on to committee reports.
Committee Reports:
Finance Committee: Jean Davis stated that they had met today to review the bills and open purchase orders. She motioned to approve the bills as presented for the bills to be paid October 27, 2008 totaling $54,815.89 and Robert Cannell seconded. The motion passed by 7-0 voice vote.
Jean Davis moved approval of the payroll ending November 1 that was paid November 7, 2008 totaling $54,445.93. The motion was seconded by H. Robert Cannell and passed by 7-0 voice vote.
Ordinance Review: Clifford Allen introduced Ordinance 564 regarding Volunteer Fire Department fees. Kip moved adoption of the second reading as follows:
HOME RULE BOROUGH OF EDINBORO
Ordinance No. 564
AN ORDINANCE OF THE CODE OF THE BOROUGH OF EDINBORO, AND SPECIFICALLY ADDING Chapter 7 Part 1 authorizing recovery and reimbursement of costs of materials and equipment used and services rendered in providing fire protection and emergency medical services; prescribing penalties for violation and including severability and repealor clauses.
WHEREAS, the Borough Council of the Home Rule Borough of Edinboro (hereinafter the “Borough”) has approved an Agreement, as may in the future be amended, with the Edinboro Volunteer Fire Department (hereinafter the “Department”) for providing fire protection, ambulance and emergency medical services (hereinafter the “Providers”) in the Borough of Edinboro.
WHEREAS, said “Department” is an independent non -profit Pennsylvania corporation; and
WHEREAS, said Department, either by themselves or through entities established by or contracted with by the “Department”, provide emergency medical services to persons residing, working and traveling in or about the Home Rule Borough of Edinboro; and
WHEREAS, Erie County has established an E-911 emergency system to facilitate the prompt reporting and dispatching of “Providers” for incidents requiring police, fire and/or emergency medical services; and
WHEREAS, calls placed with the Erie County’s E-911 system are forwarded to the dispatch center, with police, fire protection and/or emergency medical service providers designated to serve the Home Rule Borough of Edinboro who are then alerted as needed to deliver the necessary services; and
WHEREAS, under Mutual Aid Agreements, other providers of police, fire protection or emergency medical services may be asked to assist with providing police, fire and/or emergency medical services for a given incident; and
WHEREAS, considerable sums are expended by “Providers” of such services for equipment, materials, and staff; and
WHEREAS, municipal services for general governmental operations, including prevention of crime and protection of the public safety generally, are provided as a function of the Borough government and are not intended to be affected by this Ordinance; and
WHEREAS, providers of fire protection and emergency medical services are authorized under the laws of the Commonwealth of Pennsylvania and under Agreements with the Home Rule Borough of Edinboro to recover the usual, reasonable and customary costs, fees and charges for their services; and
WHEREAS, many persons and entities maintain medical, property, casualty and other insurance which includes coverage for medical services and/or services to protect, preserve and/or minimize damages to and restore insured property; and
WHEREAS, the Borough Council of the Home Rule Borough of Edinboro has determined that insurance companies which have contracted with individuals and entities to provide coverage and benefits and to protect their insured in the event of covered losses have instead elected to undertake efforts to avoid payment of fees for fire protection and emergency medical services; to pay to an insured instead of provider fees for emergency medical services while paying other medical treatment providers directly; assert defenses against payment for which no legal basis is known, all of which exposes their insured to potential actions for reimbursement and disregards their obligations; and
WHEREAS, the Borough Council of the Home Rule Borough of Edinboro has determined that it is necessary and in the best interest of the Borough and those providing fire protection and emergency medical services to establish regulations and specifically authorizing them to receive payment of costs and fees for services provided.
IT IS HEREBY ORDAINED AND ENACTED by the Borough Council of the Home Rule Borough of Edinboro, Erie County, Pennsylvania and it is ordained and enacted Chapter 7 as follows:
7-1.01 Definitions.
7-1.01.1 “Emergency Medical Service Provider” shall mean the Edinboro Fire Department or designee of the Edinboro Fire Department providing emergency medical services or providing services pursuant to a dispatch under the E-911 system and any other emergency medical service provider providing emergency medical services under Mutual Aid Agreement with the Fire Department or its designee.
7-1.01.2 “Fire Department” shall mean the Edinboro Fire Department which provides fire protection and related services under an Agreement with the Borough, and shall include for purposes of authorization to invoice and recover fees for services designees or contractors of such Department and any fire department of another municipality providing services under any Mutual Aid Agreement or dispatch under the E-911 system.
7-1.01.3 “Persons” shall mean any natural person(s), partnership, corporation, limited liability partnership or corporation, association, firm, insurance carrier, servicing agent or other legal entity.
7-1.02 Authorization to Recover Costs and Expenses
7-1.02.1 A “Fire Department ” or “Provider” is hereby authorized, pursuant to the laws of the Commonwealth of Pennsylvania, any agreements between the Borough and the Edinboro Fire Department and this ordinance, to recover the usual, reasonable and customary costs of materials used and expended and to recover a fee for the use of equipment, hazardous situation abatement materials and personnel costs used in or devoted to any fire, safety, rescue and/or hazardous waste abatement incident, these including but not limited to those caused by vehicular accidents and/or fires.
7-1.02.2 Emergency Medical Service Providers are hereby authorized, pursuant to the laws of the Commonwealth of Pennsylvania, agreements between the Borough of Edinboro and the Edinboro Fire Department and between Fire Departments and any Provider pursuant to this ordinance, to recover the usual, reasonable and customary costs of materials used and expended, use of equipment, personnel services and transport costs used in or devoted to the providing of emergency medical services and emergency transport.
7-1.02.3 Fire Departments and Emergency Medical Service Providers shall establish schedules of fees and costs for their respective services, which may be amended from time to time. Such schedules of fees and costs shall be posted at the Department’s or Provider’s business offices and shall be made available to persons upon request. The costs and expenses authorized by this Ordinance shall be those established in current and posted schedules adopted by resolutions by the Home Rule Borough of Edinboro as needed.
7-1.03 Collection of Costs, Expenses and Fees
7-1.03.1 Costs, expenses and fees authorized in Section (7) 1.02 of this Ordinance shall be charged, collected and recovered directly by the Edinboro Fire Department, the Emergency Medical Service Provider and/or their appointed designee or agent. The person invoiced for such costs, expenses and fees, and/or that person’s insurance carrier, servicing agent or other representative, shall remit payment of invoiced costs, expenses and fees directly to the Edinboro Fire Department or Emergency Medical Service Provider, as is applicable.
7-1.03.2 In addition to such costs, expenses and fees, Fire Departments, Emergency Medical Service Providers are authorized to impose interest or finance charges upon invoices amounts not paid within thirty (30) days after the invoice date, at such rates as are authorized by the laws of Pennsylvania.
7-1.03.3 In addition to such costs, expenses and fees, in the event Fire Departments and Emergency Medical Services Providers are compelled to initiate private collection or legal proceedings to collect sums due, such provider, in addition to all costs, expenses, fees and interest or service charges due, shall be entitled to recover in such proceeding all attorney’s fees, collection agency fees, filing fees and litigation expenses reasonably incurred in the proceeding.
7-1.04Violations: Penalties for Violation.
7-1.04.1 Any person violating the provisions of Sections (7) 1.03.1 and/or (7) 1.03.2 of this Ordinance shall violate this Ordinance.
7-1.04.2 Each day that a violation continues shall be considered a separate violation.
7-1.04.3 A fine in an amount not less than $250.00 and not more than $600.00 per violation and for each day of violation is hereby prescribed for violations of this Ordinance.
7-1.04.4 Upon a finding of violation, any person violating any provision of this ordinance shall be sentenced to pay fines as prescribed in Section (7) 1.04, plus costs and with all attorneys’ fees incurred by the Borough and/or Fire Departments and/or Emergency Medical Service Providers and/or their agents in the proceedings.
7-1.05Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person, property or circumstances is for any reason held invalid or unconstitutional by an court, such holding shall not be construed to affect the validity of any of the remaining provisions of the Ordinance or its application, for such portion shall be deemed as a separate, distinct and independent provision from the remaining provisions which shall be and remain in full force and effect. It is hereby declared the legislative intent that this Ordinance would have been adopted had such invalid or unconstitutional provision of its application not been included herein.
DULY ORDAINED AND ENACTED this ______day of ______, 2008, by Council of
The Home Rule Borough of Edinboro, Erie County, Pennsylvania, in lawful session duly assembled.
Michael Amidon seconded the motion and discussion followed. Motion passed by 7-0 roll call vote: Clifford Allen, yes; Robert Cannell, yes; Michael Amidon, yes; Jean Davis, yes; Dennis Travis, yes; Greg Lucas, yes; and Mary Ann Horne, yes. Clifford Allen reminded everyone that the third and final reading on November 24.
Clifford Allen introduced Ordinance 565 for the second reading as follows:
Home Rule Borough of Edinboro
Ordinance 565
AN ORDINANCE Adding to the Codification Ordinance of the Home Rule Borough of Edinboro, Chapter 6 Part 5, Conduct, enacting an ordinance to establish a curfew for minor children, to define responsibilities of minors, parents, and adult custodians, and to provide for appropriate penalties.
NOW THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE HOME RULE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA:
Section 1. Adding Part 5 to the Code of Ordinance of the Home Rule Borough of Edinboro, Chapter 6, Conduct, entitled Curfew, is hereby enacted as follows:
6.5.01 Legislative Findings and Intent
(a) Violence in our community committed by and against minors is a cause of great concern for the immediate health, safety and general welfare of our citizens. The Borough highly values the health, safety and general welfare of our minors and has a vested interest in preserving and nurturing them as a valuable asset and investment in Edinboro’s future. Persons under the age of sixteen (16) are vulnerable to be pressured to participate in violent unlawful activities and to be victims of perpetrators of violent crimes due to their general lack of maturity and experience. Minors who are present in public places during the late night and early morning hours are particularly vulnerable to being victimized and abused. The Borough needs effective tools available to protect minors from the dangers that exist in the late night and early morning hours at public places.
(b) The Council for the Home Rule Borough of Edinboro, recognizing the problem of crimes committed by and committed against minors during the late night and early morning hours and believing that it can be dealt with more effectively by regulating the hours during which minors may remain in public places and certain establishments without adult supervision, and by defining more clearly certain duties and responsibilities upon those who have custody and responsibility for the care of such minors, hereby enacts this Part 5 of Chapter 6 with the intent of promoting the general welfare and protection the general public through the reduction of juvenile violence and crime within the Home Rule Borough of Edinboro, promoting the safety and welfare of the Borough’s minors whose youth and inexperience renders them particularly vulnerable to becoming participants in criminal activity and victims of perpetrators of crime, and fostering and strengthening parental responsibility for children.
6.5.02 Definitions
The following words, phrases, whenever used in Part 5 of Chapter 6, shall be construed and defined as follows:
(a) “After Hours” shall mean the period of time between the hours of 11:00 P.M. and 6:00 A.M. on Sunday through Thursday nights during the school year and 12:00 midnight and 6:00 A.M. on Friday and Saturday nights during the school year and all nights during the period of summer vacation from school.
(b) “Establishment” shall mean any privately owned place of business operated for profit, including any place of amusement or entertainment, to which the public is invited.
(c) “Emergency” shall refer to unforeseen circumstances, or the status or condition resulting therefrom, requiring immediate action to safeguard life, limb, or property. The term includes, but is not limited to, fires, natural disaster, automobile accidents, or similar circumstances.
(d) “Knowingly” shall mean knows or has reason to know.
(e) “Minor” shall mean any person less than 16 years of age and does not include any person who is married or who is emancipated. For the purpose of this Part 5 of Chapter 6 any person shall be deemed to be 16 years of age on the date of his or her 16th birthday and not before this time.
(f) “Operator” shall mean any individual, firm, association, partnership or corporation owning, operating, managing or conducting any establishment. Whenever used in any provision prescribing a penalty, the word “operator” shall include the members, partners, officers and managers of any firm, association, partnership or corporation.
(g) “Parent” shall mean the biological or adoptive parent of a minor; a legal guardian; or an adult person 21 years of age or older and who is authorized by a minor’s parent or legal guardian to be responsible, either temporarily or permanently, for the custody or care of any minor or for the control of such minor.
(h) “Public Place” shall mean any public street, highway, road, alley, park, playground or parking lot, or any private building, structure or area to which the public is invited or in which the public is allowed to remain.
(i) “Remain” shall mean to be at or stay at a place.
6.5.03 Unlawful Conduct of Minor
It shall be unlawful for a minor to remain in or upon any public place or to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon an establishment in the Home Rule Borough of Edinboro after hours except as follows:
(a) The minor is accompanied by a parent;
(b) The minor is involved in an emergency;
(c) The minor is engages in an activity, related to his or her employment, or is going to or returning home from such activity, without detour or stop;
(d) The minor is on the sidewalk directly abutting a place where he or she resides with a parent or the minor is on the property or the sidewalk of an adult next-door neighbor with that neighbor’s permission.
(e) The minor is attending an activity sponsored by a school, religious or civic organization, by a public organization or agency, or by another similar organization or entity, which activity is supervised by adults, and/or the minor is going to or returning from such activity without detour or stop;
(f) The minor is on an errand at the direction of a parent, and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address, and telephone number of the parent authorizing the errand, the telephone number where the parent may be reached during the errand, the name of the minor, the minor’s destination(s) and the hours the minor is authorized to be engaged in the errand; no minor or parent shall falsify the document described above; or
(g) The minor is involved in interstate travel through or beginning or terminating in the Home Rule Borough of Edinboro; or
(h) The minor is exercising First Amendment rights protected by the United States Constitution, such as free exercise of religion, freedom of speech, and the right of assembly.
(i) The minor is a homeless juvenile who uses the public place as his or her usual abode.
(j) The minor is at a public place or establishment for an activity or event not otherwise covered by this Ordinance where Borough Council has provided authorization.
6.5.04 Unlawful Conduct of parents
No parent shall knowingly permit any minor to remain in or upon any public place or establishment after hours unless the minor is engaged in an activity permitted under Section 6.5.03
6.5.05 Unlawful Conduct of Operators of Establishments
No operator of an establishment shall knowingly permit any minor to remain upon the premises of such establishment after hours.
6.5.06 Rules and Regulations
The Chief of Police, or his or her designee, is hereby authorized, from time to time, to promulgate such rules and regulations, including the extension of hours for special occasions, as in his or her opinion shall be necessary or useful in the enforcement of this Part 5 of Chapter 6. Such rules and regulations shall, however, be subject to the approval of the Manager and Council of the Home Rule Borough of Edinboro.
6.5.07 Enforcement
Before taking any enforcement action under this Part 5 of Chapter 6, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no exception set forth in Section 6.5.03 applies. The officer may issue a citation against the minor and/or the parent.
6.5.08 Report to Council
No later than one (1) year following the effective date of this Part 5 of Chapter 6, the Chief of Police, or his designee, shall prepare and present a report to the Borough manager and the Council of the Home Rule Borough of Edinboro concerning the effectiveness of and continuing need for this Part 5 of Chapter 6. The report shall include, but not be limited to, the following information:
(a) The practicality of enforcing Part 5 of Chapter 6 and any problems with enforcement identified by the Police Department and the Home Rule Borough of Edinboro.
(b) The impact of Part 5 of Chapter 6 and support programs on juvenile crime statistics.
(c) Number of juveniles detained for curfew violations.
(d) The number of official citizen complaints filed regarding the enforcement of Part 5 of Chapter 6.
6.5.09 Severability
If any provisions, sentences, clauses, section or part of this ordinance or application thereof to any person or circumstance is for any reason found to be unconstitutional, illegal or invalid by a court of competent jurisdiction, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this ordinance. It is hereby declared as the intent of the Council of the Home Rule Borough of Edinboro that this Ordinance would have been adopted had such unconstitutional, illegal or invalid provision, sentence, clause, section or part not been included herein.
6.5.10 Penalties
(a) Any minor or parent who violates the provisions of this chapter may be issued a non-traffic summary citation. The minor may be taken into temporary custody, in which case his or her parents or other appropriate person shall be notified and the minor shall be released into the custody of the appropriate parent or parents of the minor or to a brother or sister 18 years of age or older. If no such person is available after reasonable efforts have been made to locate such person, then the minor shall be released to such agencies or institutions as are established for juvenile welfare. A referral to supportive services shall be made where appropriate.
(b) Any minor or parent who violates any provision of this Ordinance is guilty of a summary offense an, upon conviction thereof, shall be subject to fine or imprisonment as follows:
(1) First offense: Written warning with referral to supportive services where appropriate.
(2) Second offense: Fifty dollars ($50.00) with referral to supportive services where appropriate.
(3) Third offense: One hundred dollars ($100.00) to one hundred fifty dollars ($150.00) with referral to supportive services where appropriate.
(4) Fourth offense: One hundred fifty dollars ($150.00) to two hundred dollars ($200.00) with referral to supportive services where appropriate.
(5) Fifth offense: Two hundred dollars ($200.00) to three hundred dollars ($300.00). Parents are subject to imprisonment for up to ninety (90) days and minors to referral to the juvenile court system. The Court may also refer the offender(s) to supportive services where appropriate.
(6) Sixth and subsequent offenses: Three hundred dollars ($300.00) to five hundred dollars ($500.00). Parents are subject to imprisonment for up to ninety (90) days and minors to referral to the juvenile court system. The Court may also refer the offender(s) to supportive services where appropriate.
(c) Any operator convicted of violating the provisions of this Ordinance for the first time shall be fined fifty dollars ($50.00) and shall be subject to imprisonment for a term not to exceed ninety (90) days. Any operator convicted of violating the provisions of this Ordinance for the second or subsequent time shall be fined three hundred dollars ($300.00) and shall be subject to imprisonment for a term not to exceed ninety (90) days.
(d) Each violation of the provisions of this Ordinance shall constitute a separate offense.
Section 2. That all Ordinances and parts thereof in conflict herewith are hereby repealed.
Section 3. That this Ordinance shall be effective twenty days after final passage and signing by the Mayor.
DULY ORDAINED AND ENACTED this -----day of November, 2008, by Council of
The Home Rule Borough of Edinboro, Erie County, Pennsylvania, in lawful session duly assembled.
Clifford Allen moved adoption of the second reading and it was seconded by Michael Amidon and discussion followed.
Mayor Horne noted that the verb tense in 6.5.03 (c) needed to be changed to read “is engaged”.
Michael Amidon stated with the recent vandalism on the north end of Lakeside Drive we need to reel in the children and this ordinance is important to pursue.
Clifford Allen stated we are not accessing blame on children under 16 years of age but giving the police a tool to protect our children out that late. He asked if the office had received any comments or complaints about this ordinance. Manager Jemetz stated they had none.
Officer Beuchert stated the issue of juveniles having reel reign in the evenings is difficult to say if the vandalism is related. As a parent and officer he felt that midnight to 4 a.m. was the most dangerous time with 1-7 drivers arrested for DUI; and fatal accidents with 50% alcohol related between midnight and 3 a.m. As a parent I rather see my child with a police officer at 3 a.m. with a fine instead of an officer coming to inform me my child was dead. We do not have all bad kids and juvenile crime is mostly after school. Adult crime happens 10pm to 3 a.m. and juveniles could be victimized. We need to protect our children in the Borough and not to control actions but limit exposure to things that happen during that time. Usually we see the same faces at night and if we have the tool we can find out why and maximize supervision and uncover problems. This is a positive tool. We currently see other municipalities’ children being left off here since their municipality has a curfew. Junior driver’s licenses are specific and same times daily. Officer Beuchert stated he thought the different school non school days would be difficult and would prefer one set time. Enforcement wise all police will take case by case basis and not just fine juveniles.
Mayor Horne thanked Officer Beuchert for his very good points and statistics. After his comments she was more for the ordinance than before and thanked him for attending the meeting to give his comments.
Greg Lucas asked if 11:30 p.m. to 6 a.m. same year round would work instead of 11 p.m. school days and 12 p.m. non school days. Clifford Allen moved to amend the ordinance to 11:30 p.m. to 6 a.m. for a standard time year round. Michael Amidon seconded the motion and it passed 7-0 voice vote.
Mayor Horne asked for a roll call vote on the 2nd reading of Ordinance 565 with the amended time: H. Robert Cannell, yes; Michael Amidon, yes; Jean Davis, yes; Dennis Travis, yes; Gregory Lucas, yes; Clifford Allen, yes; Mary Ann Horne, yes. Motion passed by 7-0 roll call vote.
Clifford Allen stated they were still awaiting the Ground Source Heat Pumps ordinance from the Planning Commission. Tonight we have received the draft ordinance from the Zoning Department for review and we will set up a meeting to review before the next Council meeting.
Personnel Committee: Robert Cannell stated that they had an application for appointment to the Planning Commission. Mr. Cannell moved to appoint William Stafford to the Planning Commission and Clifford Allen seconded. Discussion followed with Clifford Allen thanking him for stepping forward to fill the position and it would be nice to see him back on board. The motion passed by 7-0 voice vote.
Manager: Manager Jemetz reported that the sewage plant was progressing as planned; leaf collection ongoing with problems with Giant Eagle keeping enough bags in stock; working on Shelhamer storm sewer by streets department to eliminate winter flooding; US 6N Corridor Land Study complete and gone to print; EUP agreement with sewer department should be complete by years end; non uniformed negotiations proposal to be voted on tonight by the union; communications antenna request to use water tower we have their draft lease and one from Attorney Marsh; Zoning Hearing Board; RAKE program was moved because of rain and they lost a lot of student help; Library will be out by the end of the year and space will be available for rent; and Terrace drive drainage ditch problem being addressed.
Finance:
Manager Jemetz recommended that Hill Engineers be appointed as the Engineering services for CDBG for 2009-2011. Jean Davis moved the appointment of Hill Engineering for CDBG Engineering services for 2009-2011 and Robert Cannell seconded. The motion passed by 7-0 voice vote.
Manager Jemetz went on to recommend GCCA as CDBG Consultant Services for 2009-2011. Jean Davis moved the appointment of GCCA as CDBG Consulting Service for 2009-2011. Michael Amidon seconded the motion and it passed y 7-0 voice vote.
Manager Jemetz went on to inform the Council of his findings of the review of the three bids for refuse/recycling contract for 2009-2011.
Name Refuse 2009 2010 2011 Recycling 2009 2010 2011 total@1345
3 years
World Resources $11.01 $11.31 $11.63 $4.20 $4.25 $4.33 $754,222.20
Waste Management 10.12 10.52 10.95 4.87 5.06 5.27 755,190.60
Tri County Industries 12.00 12.60 13.55 3.30 3.30 3.30 775,527.00
Two of the bids were very close with a $900 difference. After reviewing the submittals and references we found the World Resources had an aging fleet and references stated they leaked garbage juice and hydraulic fluid. References for World Resources were better than three years ago, but they also did not have the required Workers Compensation insurance in the bid packet. Waste Management vehicles were late model 200-2007 and references were all pleased with their service. Taking all the information into consideration, management would like to recommend that Council appoint Waste Management.
Michael Amidon moved to award the bid for Refuse/Recycling contract to Waste Management without Option 1 and/or 2. Greg Lucas seconded the motion and discussion followed.
Dennis Travis asked about the smaller trucks for Lakeside. Manager Jemetz stated that the present roads have been failing and need to be fixed. He felt that when fixed to specs they would not fail. Also in the new contract there is a spec to stay back from the edge of the roads and not be on the shoulders where it usually fails first. We are starting next year with Cherry Street and Beech Street in reclaiming and paving. Also the smaller trucks were a cost issue.
Being no further questions, the motion to award the bid to Waste Management passed by 7-0 voice vote.
Resolution 15-2008 was introduced by Mayor Horne regarding use of dotGrants system by the Borough personnel to file the required Liquid Fuels forms annually as follows:
HOME RULE BOROUGH OF EDINBORO
MUNICIPAL RESOLTUION
No. 15-2008
WHEREAS, the PennDOT and the Home Rule Borough of Edinboro have agreed use the dotGrants system to file the required Liquid Fuels forms annually; including but not limited to, the MS-965, MS-329 and MS-999.
NOW THEREFORE, it is resolved by the Home Rule Borough of Edinboro that Manager Taras Jemetz and Mayor Mary Ann Horne are authorized to execute all documents necessary to effect such an agreement, including but not limited to, an Electronic Access License Agreement (EALA) on behalf of the municipality.
Jean Davis moved adoption of Resolution 15-2008 and Robert Cannell seconded. The motion passed by roll unanimous roll call vote: Jean Davis, yes; Dennis Travis, yes; Michael Amidon, yes; Gregory Lucas, yes; Clifford Allen, yes; H. Robert Cannell, yes; and Mary Ann Horne, yes.
Mayor Horne reminded everyone of the next Budget Workshop during the November 24th meeting.
Police:
Police Report was available for review. Robert Cannell reported that they are doing great. Crime for Sept 2008 was 14% less then in September 2007. The traffic report shows that fines doubled in September to 76 verses last year of 34.
Code Enforcement/Planning/Zoning:
Monthly zoning report was available for review.
Building Code Department was requesting authorization to act on behalf of Borough Council in releasing the funds in a scheduled and timely manner, contingent on plan compliance. Clifford Allen moved to authorize the Borough Manager in the interest of Council to release the bond for Scott’s Glen Subdivision when items are to standards of Borough. Greg Lucas seconded the motion and it passed by 7-0 voice vote.
Notice of Zoning Hearing Board continuance was available for the Council’s information.
COMMUNITY LIAISONS:
Erie County Planning Liaison – Next meeting November 13th. Manager Jemetz stated that this was the same group that reviewed the Safe Routes to School application the Borough had applied for. Letters to Senator Jane Earll and Representative Evans asking for their support on the grant have also been sent.
EVFD Board Liaison – Michael Amidon stated they met Thursday on budget matters. Fund raising letters not received by everyone and he had suggested to Fire Chief Matt Seagren to set up a phone bank and call for donations. Michael Amidon said he would oversee such a phone bank and pick up the pledges. The Board is to consider this option.
Jean Davis asked if the Board agreed to resent notices to those that did not respond. Michael Amidon stated they have done it in the past years.
Washington Township Liaison: No one had a report.
Authorities Liaison – Jean Davis reported that everything was already discussed in the Manager’s report.
PLCM – Clifford Allen reported that they met on October 21st in Harrisburg. There was three speakers: John Fry from Marshall regarding cleaning up the area around the colleges with grants, guarantee mortgages, and matching funds; Chancellor Dr. John Cavanaugh regarding SSHE and questions and answer period where they announced that he agreed to meet twice a year with Managers and Mayors in a Town Hall setting the first to be in the spring; Ernie McNealy regarding the PEL Study; and Tom Fontaine from State College regarding a 8 week program tailored from the Colorado first 6 week program where they talk and track problems such as off campus parties, code enforcement issues, and hold meet your neighbors.
Clifford Allen also announced that Mayor John Callahan has assumed the position of President of the PLCM (Pennsylvania League of Cities and Municipalities), following Robert Anspach’s appointment to service as Executive Assistant to the Director of Pennsylvania Emergency Management Agency (PEMA). Also this meant that Councilman Clifford Allen was moved up to fill the position of 1st Vice President of the PLCM. He could be appointed President in June of 2010 and bring the conference to Erie County.
OTHER OLD BUSINESS:
Mayor Horne noted that she wrote a letter to Jerry Covert and Steven Mauro of the Regional Science Consortium since the Council had acted at a previous meeting on this matter. As of this date we have had no response to the Mayor’s letter. As you all remember we had instructed the Manager to write them to clarify an item regarding site 3 and site 4 and not to change the meat of the report.
COMMUNICATIONS:
Notice from the Erie County Planning regarding the updates to the Erie County Comprehensive Plan.
Letter from Steve O’Neill thanking the Edinboro Police Department for prompt response to 911 call of suspicious person was in the packets for Council’s review. Mayor Horne requested the letter be put in the respective officer’s files.
Letter from Tax Collector Rhonda Walker requesting increase in wages for next elected term was received. Mayor Horne stated that Marie Lander would be researching information on other tax collectors salaries for review.
NEW BUSINESS:
Dates for 2009 meetings were in the packets for review and authorization to advertise. Jean Davis moved advertising of the Council meetings for 2009 as presented being the 2nd and 4th Monday except for January, May and December at 6:30 p.m.. Greg Lucas seconded the motion and it passed by 7-0 voice vote.
Mayor Horne informed Council that the Holiday Street Lighting would be December 4th at 6 p.m. this year.
Next meeting November 24th at 6:30 where we will have the last Budget workshop before approval of Budget tentatively set for December 8th.
Being no further questions, Mayor Horne asked for adjournment.
Greg Lucas moved for adjournment, and the meeting was adjourned at 7:30 P.M.
ATTEST:
_______________________________ _________________________________
Borough Manager Taras Jemetz Mayor Mary Ann Horne
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
November 10, 2008
· Payment of bills
· Minutes
· Payroll
· 2nd reading of Ordinance 564
· 2nd reading of Ordinance 565 – change hours to 11:30 p.m. – 6 a.m. daily
· GCCA for CDBG Consulting 2009-2011
· Hill Engineering for CDBG Engineering 2009-2011
· Waste Management for Refuse/Recycling 2009-2011
· Appoint William Stafford to the Planning Commission
· Authorize Manager to release bonding as appropriate for Scotts Glenn Subdivision
· Resolution 15-2008 Authorize use of PennDOT web site for paperwork
POSTPONED
1. Ordinance Review waiting on input from Planning Commission
UPCOMING MEETINGS:
November 19th Ordinance Review Committee 1:30 p.m.-
Design Review Ordinance Draft & info from Planning Commission
November 24th Council & Budget Workshop meeting 6:30 p.m.
November 24th Final readings Ordinance 564 and 565
November 25th 1:30 p.m. Ordinance Review Committee
December 8th 4 pm Finance Committee Meeting
December 8th 5 pm. Authority meeting
December 8th Council Meeting 6:30 p.m.
1. Advertise 2009 meeting times and dates.
2. Notify awards of RFP’s CDBG 2009-2011
3. Correct time on curfew ordinance
4. Notify Waste Management of award of refuse/recycling bid
5. Letter to Mr. Stafford for appointment
6. Paperwork to PennDOT for use of web site
©Copyright NOVEMBER 2008