HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
November 24, 2008
Call to Order:
The following Council members were present: Michael Amidon, H. Robert Cannell, Greg Lucas, Jean Davis, Dennis Travis, and Mary Ann Horne. Member absent was Clifford “Kip” Allen. Also in attendance was T. Jemetz, Manager; and Marie Lander, Assistant to the Manager. Guests included: Nancy Crawford; and Amber Wellington of the Edinboro News.
Mayor Horne introduced the minutes from the regular Council meeting held November 10, 2008. Michael Amidon moved for approval of the minutes as printed. Greg Lucas seconded, and the minutes were approved by a voice vote of 6-0.
Mayor Horne asked if there was anyone wishing to speak during public participation.
Being no one, Mayor Horne moved on to committee reports.
Committee Reports:
Finance Committee: Jean Davis stated that they had met today to review the bills and purchase orders and found all in order. She motioned to approve the bills as presented to be paid November 24, 2008 totaling $885,295.39 and Robert Cannell seconded. The motion passed by 6-0 voice vote.
Jean Davis moved approval of the payroll ending November 15 that was paid November 21, 2008 totaling $51,252.76. The motion was seconded by H. Robert Cannell and passed by 6-0 voice vote.
Jean Davis requested an executive session at the end of the meeting to discuss the Non Uniformed Contract.
Ordinance Review: In Clifford Allen absence Mayor Horne introduced the two Ordinances for action.
First is Ordinance 564 regarding Volunteer Fire Department fees. This Ordinance will be adopted, but we will hold off adopting the resolution setting fees until the Township adopts the same Ordinance. Dennis Travis moved adoption of the final reading with option to amend this ordinance if the Township ordinance is different. Ordinance for adoption 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.
THE BOROUGH OF EDINBORO HEREBY ORDAINS AND ENACTED this _24th_day of _November_, 2008, by Council of The Home Rule Borough of Edinboro, Erie County, Pennsylvania, in lawful session duly assembled.
Michael Amidon seconded the motion and it passed by 6-0 roll call vote: Michael Amidon, yes; Dennis Travis, yes; Greg Lucas, yes; Clifford Allen, absent; Jean Davis, yes; Robert Cannell, yes; and Mary Ann Horne, yes.
Mayor Horne introduced Ordinance 565 for it’s final 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 protecting 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 11:30 P.M. and 6:00 A.M. on every night of the year.
(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 engaged 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 and 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.
THE BOROUGH OF EDINBORO HEREBY ORDAINS AND ENACTED this 24th day of November, 2008, by Council of The Home Rule Borough of Edinboro, Erie County, Pennsylvania, in lawful session duly assembled.
Michael Amidon moved adoption of Ordinance 565 for it’s final reading and it was seconded by Greg Lucas. The motion passed by 6-0 roll call vote: Clifford Allen, absent; H. Robert Cannell, yes; Michael Amidon, yes; Jean Davis, yes; Dennis Travis, yes; Gregory Lucas, yes; and Mary Ann Horne, yes.
Mayor Horne stated that the Ordinance Review was waiting for input from the Planning Commission. Marie Lander informed her that a meeting is scheduled for December 10th at 1:30 p.m. to review pending items.
Manager: Manager Jemetz asked the Council to move to the tables below, so they could see the power point presentation regarding the 2009 budget.
Manager Jemetz started his presentation by asking if anyone had any questions on the material they took home to study at the last workshop. Being none, he moved on to explain they would discuss the following items this evening: Sewer Fund Budget; Water Fund Budget; Waste & Recycling Budget; and in executive session Non-Uniformed Contract Negotiations; Tax Collectors Salary request; and Management salary for 2009.
Sewer Fund Budget: 2008 accomplishments were discussed. 2009 Goals to begin accepting Washington Township sewage in May; finalize of EUP agreement; GPS & Gis updates; Blown in insulation in the existing pole barn; reconstruction old head works pole barn for storage; seek out and eliminate I 7 I; raise manholes for greater access; and bring Natural Gas to the plant preparing for electricity deregulation. No rate increase for residents for 2009 in sewer. The bills in 2009 will be based on volume and not water bill dollars. Some programming glitches have been found and rectified errors for larger users will be made. Discussion followed.
Water Fund Budget: 2008 accomplishments were discussed. Goals for 2009 include procurement of 150 Kw emergency generator; packing material for Air Stripping Tower being budged to save for replacement in 2011; interior tank renovation; five new hydrants; replace five old hydrants; exercise main valves; and replacement of five main valves. Rate structure for 2009 shows an increase for residents from $32.25 to $38.00 for average use of 10,000 gallons for two months. This is a $2.875 per month increase. The increase will pay for the $180,000 renovations on Sherrod Hill Water Tower and Tank; $10,000 toward the emergency generator; and the $25,000 per year savings toward purchase of packing for air stripping tower in 2011. Discussion followed regarding rates.
Refuse & Recycling Fund: 2009 rates will increase from $32.50 every two months to $35.00 every two months. This is an increase of $1.25 per month which is very reasonable considering the increase cost of diesel fuel. The fund has not had an increase for three years and this is an increase well below the rate of inflation. Our recycling helps defray some costs to keep the bids lower. The fund also pays for leaf recycling costs, the recycling coordinator, and newsletters. The recycling performance grant is left in this fund to help defray costs even further. With Waste Management being awarded the bid for the next three years, we expect the same excellent service we have received in the last three years with no disruption or learning curve for start up in 2009.
Being no further questions, Mayor Horne asked for motion to go to executive session.
EXECUTIVE SESSION:
Michael Amidon moved to go to executive session regarding Non Uniformed Contract; Tax Collector’s salary; and management’s salaries. Greg Lucas seconded and, with no objections, Council moved to executive session at 8:05 p.m.
Upon returning at 8:37 p.m. Mayor Horne informed everyone that they discussed the Non Uniformed Contract; Tax Collectors salary; and Management’s salaries.
Greg Lucas moved to accept the Non Uniformed Contract for 2009-2011 as summarized by Manager Jemetz and Robert Cannell seconded. The motion passed by 6-0 voice vote.
Greg Lucas moved to set the Management compensation for 2009 at 4% increase with a 3% payment of health insurance premiums by Management. Jean Davis seconded the motion and it passed by 6-0 voice vote.
Michael Amidon moved to instruct the Manager to send a letter to the Elected Tax Collector informing her that Council reviewed her request for increase and found that it was comparable to other municipalities. Greg Lucas seconded the motion and it passed by 5-1 voice vote.
ADJournment:
Greg Lucas moved for adjournment, and the meeting was adjourned at 8:40 P.M.
ATTEST:
_______________________________ _________________________________
Borough Manager Taras Jemetz Mayor Mary Ann Horne
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
November 24, 2008
· Payment of bills
· Minutes
· Payroll
· Final reading of Ordinance 564
· Final reading of Ordinance 565
· Non Uniformed Contract 2009-2011
· Management Salary for 2009
POSTPONED
1. Right to Know resolution 9-2008 waiting input from Solicitor
2. Ordinance Review waiting on input from Planning Commission
UPCOMING MEETINGS:
December 8th 4 pm Finance Committee Meeting
December 8 th 5 pm. Authority meeting
December 8th CDBG Hearing 6:15 p.m. Prior Council Meeting
December 8th Council Meeting 6:30 p.m.
December 10th Ordinance Review Committee
1. Letter to Tax Collector regarding request for wage increase
2.
©Copyright DECEMBER 2008