CDBGPUBLIC HEARING
Home Rule Borough of Edinboro
December 8, 2008
Welcome to the Public Hearing: Mayor Horne opened the Public Hearing at 6:25 p.m. Council members present were Gregory Lucas, Clifford Allen, Jean Davis, Michael Amidon, and Mayor Mary Ann Horne. Also present was Manager Jemetz and Assistant to the Manager Marie Lander; Michelle Striney; Greg Lessig; Caroline Rhodes; and Amber Wellington, Edinboro News.
Purpose of Hearing
This Public Hearing is the first of two public meeting to be held to inform residents that the Borough intends to submit an application to the PA Dept. of Community and Economic Development for (CDBG) Community Development Block Grant funds. The Borough is currently awaiting allocation notification from DCED. The FFY 2008 grant amount for activities is estimated to be approximately $110,000. Notice of this meeting was published on November 24, 2008 in the Erie Times News.
Presentation of 2009 CDBG Program: Mayor Horne read the public notice.
Prior Use of CDBG Program Funds
1993 Public/Community Facilities and Housing Rehabilitation
1994 Sewer Plant Improvements and Sherrod Hill Water Tank Improvements
1995 Housing Rehabilitation, Removal of Architectural Barriers, Public/Community
Facilities.
1996 Air Stripping Tower
1997 WWTP On-Site Emergency Generators, Public Service (Gov. Access Channel)
1998 Dundon Road Standpipe, Sherrod Hill Telemetry, Public Community Facilities
1999 Public/Community Facilities - (Central Business District)
2000 Public/Community Facilities (Central Business District), Parks and Recreation
Public Bath House, Removal of Architectural Barriers Municipal Building
2001 Public/Community Facilities – (Phase III, Mill and Short Street Central Business District and the Removal of Architectural Barriers, Municipal Building; (Restroom Lower Level); and Edinboro Lake Dam Spillway Restoration
2002 Public/Community Facilities (Phase III and IV) Central Business District Revitalization and the Sidewalk over the West Normal Street Bridge.
And a Recreation Activity– (Thompson Park)
2003 Public/Community Facilities (Central Business District Phase IV and Bathhouse)
2004 Public/Community Facilities (Central Business District Revitalization Phase V)
and pending tonight’s modification the addition of a Storm Sewer Activity - the Route 6N West Storm Sewer Replacement Project.
2005 Public/Community Facilities – Sidewalk over the West Normal St. Bridge; Bathhouse; Parks and Recreation (Thompson Park) and pending tonight’s modification the addition of a Recreation Activity - the Lakeside Drive Access Trail.
2006 Public/Community Facilities - Sidewalk over the West Normal Street Bridge and a Recreation Activity- the Lakeside Drive Access Trail;
2007 Storm Sewer System - Route 6N West Storm Sewer Replacement Project
2008 Storm Sewer system – Route 6N Wet storm Sewer Installation Project
It was noted that the Borough has an Antidisplacement Policy in place since 1996. Resolution 11-96
It was also noted that the Borough has a MBE/WBE Plan and Goal in place since 1997. The established minimum participation levels for Minority Business Enterprises (MBE) are 5% and 3% for Women Business Enterprises (WBE). Borough of Edinboro Resolution 10-97.
Eligible Activities include such activities as Water, Sanitary Sewer, Storm Sewer, Housing Rehab, Recreation and Public/Community Facilities. Any activity that is related to community development and benefits the community is usually eligible for CDBG funds. A complete Guide is available in the CDBG office.
The Borough cannot use the funds for General Government purposes (new office furniture or new tires for the truck) nor can funds be used for the cost of operating or maintaining public facilities or improvements; the cost of purchasing construction equipment; or the new construction of public housing.
At least 70% of the project funds must be used for benefiting the Low Moderate Income. Up to 30% of the project funds can be used to clean up a slum area under the Slum and Blight Test.
The Borough is 51.7% LMI – usually any project that benefits the entire community is eligible. Benefit to LMI/per 2008 HUD Section 8 Income Range - (02/15/08) for Erie County is as follows: $19,000 representing the Very Low Income Limit for 1 person per household to $57,350 representing the Low Income for 8+ persons in a household.
If anyone is interested in looking at this schedule, one is available in the office.
Mayor Horne went on to explain that the Citizen Participation Procedure is used for CDBG funds so residents are notified when a Public Hearing regarding CDBG money will be held and have an opportunity to provide input on how this money may be spent.
Project/Program Suggestions: Council and Management are open to receive ideas or suggestions on how this money should be spent for the Three Year Community Development Plan FFY 2009 – FFY 2011.
Time Schedule/Target Dates:
The next hearing regarding the 2009 CDBG Program will be held February 23, 2009 to announce projects and/or activities selected for inclusion in the Borough's 2009 CDBG Application.
The CDBG Application is typically due the second week of April, therefore, Council will approve the application at their 2nd meeting in March 2009.
Closing Remarks/Comments
Mayor Horne stated that a Public Notice announcing the date, time and place of the Final Synopsis and date that final action on the FFY 2009 CDBG Application is expected to be taken by Borough Council will be published in the Erie Times.
Question/Answer Period: Being no one with questions or public comment, Mayor Horne asked for adjournment.
Adjournment: Public Hearing was adjourned by Jean Davis at 6:30 p.m. with no objections.
ATTEST:
_______________________________ _____________________________
Manager T. Jemetz Mayor Mary Ann Horne
AGENDA
BOROUGH OF EDINBORO
FFY 2009 COMMUNITY DEVELOPMENT BLOCK GRANT
PUBLIC HEARING
Preliminary Synopsis
December 8, 2008
6:15 P.M
I. Welcome to the Public Hearing
II. Purpose of Hearing
A. This Public Hearing is held to inform residents that the Borough intends to submit an application to the PA Dept. of Community and Economic Development for (CDBG) Community Development Block Grant funds. The Borough is currently awaiting allocation notification from DCED. The FFY 2009 grant amount for activities is estimated to be approximately $110,000.
B. Date of Publication of Notice 11/24/2008 in the Erie Times
III. Presentation of 2009 CDBG Program
A. A copy of the Public Notice is attached to this Agenda.
IV. Prior Use of CDBG Program Funds
A. 1993 Public/Community Facilities and Housing Rehabilitation
B. 1994 Sewer Plant Improvements and Sherrod Hill Water Tank Improvements
C. 1995 Housing Rehabilitation, Removal of Architectural Barriers, Public/Community
Facilities.
D. 1996 Air Stripping Tower
E. 1997 WWTP On-Site Emergency Generators, Public Service (Gov. Access Channel)
F. 1998 Dundon Road Standpipe, Sherrod Hill Telemetry, Public Community Facilities
G. 1999 Public/Community Facilities - (Central Business District)
H. 2000 Public/Community Facilities (Central Business District), Parks and Recreation
Public Bath House, Removal of Architectural Barriers Municipal Building
I. 2001 Public/Community Facilities – (Phase III, Mill and Short Street Central Business District and the Removal of Architectural Barriers, Municipal Building; (Restroom Lower Level); and Edinboro Lake Dam Spillway Restoration
J. 2002 Public/Community Facilities (Phase III and IV) Central Business District Revitalization and the Sidewalk over the West Normal Street Bridge.
And a Recreation Activity– (Thompson Park)
K. 2003 Public/Community Facilities (Central Business District Phase IV and Bathhouse)
L. 2004 Public/Community Facilities (Central Business District Revitalization Phase V)
Lakeside Drive Access Trail, Route 6N West Storm Sewer Installation Project.
M. 2005 Public/Community Facilities – Sidewalk over the West Normal St. Bridge; Bathhouse; Parks and Recreation (Thompson Park)Recreation Activity - the Lakeside Drive Access Trail and the Route 6N West Storm Sewer Installation Project.
N. 2006 Public/Community Facilities - Sidewalk over the West Normal Street Bridge and a Recreation Activity- the Lakeside Drive Access Trail;
O. 2007 Storm Sewer System - Route 6N West Storm Sewer Installation Project
P. 2008 Storm Sewer System – Route 6N West Storm Sewer Installation Project
V. The Borough has an Antidisplacement Policy in place since 1996. Resolution 11-96
VI. The Borough has a MBE/WBE Plan and Goal in place since 1997. The established minimum participation levels for Minority Business Enterprises (MBE) are 5% and 3% for Women Business Enterprises (WBE). Borough of Edinboro Resolution 10-97.
VII. Eligible Activities include such activities as Water, Sanitary Sewer, Storm Sewer, Housing Rehab, Recreation and Public/Community Facilities. Any activity that is related to community development and benefits the community is usually eligible for CDBG funds. A complete Guide is available in the CDBG office.
The Borough cannot use the funds for General Government purposes (new office furniture or new tires for the truck) nor can funds be used for the cost of operating or maintaining public facilities or improvements; the cost of purchasing construction equipment; or the new construction of public housing.
At least 70% of the project funds must be used for benefiting the Low Moderate Income.
Up to 30% of the project funds can be used to clean up a slum area under the Slum and Blight Test.
The Borough is 51.7% LMI – usually any project that benefits the entire community is eligible.
Benefit to LMI/per 2008 HUD Section 8 Income Range - (02/15/08) for Erie County is as follows:
$19,000 representing the Very Low Income Limit for 1 person per household to $57,350 representing the Low Income for 8+ persons in a household
If anyone is interested in looking at this schedule, one is available in the office.
VIII. The Citizen Participation Procedure is used for CDBG funds so residents are notified when a Public Hearing regarding CDBG money will be held and have an opportunity to provide input on how this money may be spent.
IX. Project/Program Suggestions – Receive ideas or suggestions on how this money should be spent for the Three Year Community Development Plan FFY 2009 – FFY 2011.
X. Time Schedule/Target Dates
A. Next hearing regarding the 2009 CDBG Program will be held February 23, 2009
to announce projects and/or activities selected for inclusion in the Borough's 2009 CDBG Application.
The CDBG Application is typically due the second week of April, therefore, council will approve
the application at their 2nd meeting in March 2009.
XI. Closing Remarks/Comments
A Public Notice announcing the date, time and place of the Final Synopsis and date that final action on the FFY 2009 CDBG Application is expected to be taken by Borough Council will be published in the Erie Times.
XII. Question/Answer Period
XIII. Adjournment
HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
December 8, 2008
Call to Order:
The following Council members were present: Clifford “Kip” Allen, Michael Amidon, H. Robert Cannell, Greg Lucas, Jean Davis, and Mary Ann Horne. Absent was Dennis Travis. Also in attendance was T. Jemetz, Manager; Solicitor Ritchie Marsh; and Marie Lander, Assistant to the Manager. Guests included: Michelle Striney; Greg Lessig; Caroline Rhodes; County Executive mark DiVecchio; Margaret Steward, Erie County Library; and Amber Wellington of the Edinboro News.
Mayor Horne introduced the minutes from the regular Council meeting and budget workshop held November 24, 2008. Greg Lucas moved for approval of the minutes as printed. Michael Amidon seconded, and the minutes were approved by a voice vote of 6-0.
Mayor Horne introduced County Executive Mark DiVecchio and Margaret Steward of the Erie County Library who was present to speak to Council.
County Executive mark DiVecchio stated this was a special occasion to thank Council for 35 years of support of the Eire County Library. Jean Davis and Greg Lessig vision and planning to work the budgets so the library could be in the new Borough municipal building. The new branch will be a jem in the Borough. Executive DiVecchio was present to present a plaque to thank Council and their residents for providing the branch library space at no cost for rent or utilities for the last 35 years. We appreciate the 35 years of complete support to the Library.
Margaret Stewart, Edinboro County Library also stood up and thanked all the members for their past vision from a reading station below the jail to adding a room in the new municipal building. She also wanted to thank Councilman Robert Cannell for being the committee chair and raising funds for the new branch library. The grand opening of the new library will be December 19, 2009. She invited all to come and celebrate.
Pictures where taken and the plaque was presented.
Being no others asking to speak, 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 December 8, 2008 totaling $96,694.20 and Robert Cannell seconded. The motion passed by 6-0 voice vote.
Jean Davis moved approval of the payroll ending November 29 that was paid December 5, 2008 totaling $58,207.56. The motion was seconded by H. Robert Cannell and passed by 6-0 voice vote.
Jean Davis moved adoption of Ordinance 566 for Real Estate tax Levy for 2009 as follows:
HOME RULE BOROUGH OF EDINBORO
TAX LEVY ORDINANCE NO 566
AN ORDINANCE OF THE Home Rule Borough of Edinboro, County of Erie, Commonwealth of Pennsylvania, fixing the tax rate for the year 2009.
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.
Robert Cannell seconded the motion.
Mayor Horne noted that this is the same tax rate as for 2008.
Jean Davis stated that it was a pleasure to see no increase in 2009.
Clifford Allen stated that Manager Jemetz and management made many changes in the past to make us in a better position this year and next year then many other municipalities.
The motion pasted by 6-0 roll call vote: Clifford Allen, yes; H. Robert Cannell, yes; Michael Amidon, yes; Jean Davis, yes; Dennis Travis, absent; Gregory Lucas, yes; and Mary Ann Horne, yes.
Jean Davis went on to introduce the 2009 budget for adoption by Resolution 16-2008 as follows:
Home Rule Borough of Edinboro
RESOLUTION NO 16-2008
A RESOLUTION OF THE Home Rule Borough of Edinboro in the County of Erie, Commonwealth of Pennsylvania, appropriating sums estimated to be required for the purposes of the municipal government, hereinafter set forth, during the year 2009.
BE IT RESOLVED AND ENACTED, and it is hereby resolved by the Council of the Home Rule Borough of Edinboro, County of Erie, Commonwealth of Pennsylvania:
SECTION 1. That for the expenditures and expenses of the fiscal year 2009 the following amounts are hereby appropriated from income for the year 2009 for the purposes set forth on the following pages.
SECTION 2. That any Resolution conflicting with this Resolution be and the same is hereby repealed insofar as the same affects this Resolution.
Total Revenues 5,085,950
Total Expenditures 5,251,821
BE IT RESOLVED AND ENACTED THIS 8th DAY OF December, 2008.
Jean Davis moved adoption and Michael Amidon seconded.
Jean Davis stated that we had three workshops to go over the budget.
Greg Lucas thanked Marie Lander for a good job.
Mary Ann Horne thanked Manager Jemetz for keeping costs in line with the many insurance increases and union contracts.
The motion passed by 6-0 roll call vote: Jean Davis, yes; Dennis Travis, absent; Michael Amidon, yes; Gregory Lucas, yes; Clifford Allen, yes; H. Robert Cannell, yes; and Mary Ann Horne, yes.
Ordinance Review: Clifford Allen stated that the committee was meeting December 10th at 1:30 p.m. to discuss several ordinances. He also authorized advertisement of intent to adopt Ordinance 567 which is amending Zoning Ordinance & Property Maintenance Code.
Personnel Committee: Robert Cannell stated that they were still waiting for an application for the Shade Tree Advisory Committee as well as the Manager’s Self evaluation.
Solicitor’s Report:
Solicitor Marsh reported he was working on a brief for the Paul’s hearing of the Zoning Hearing Board. He also met with Manager Jemetz, Marie, Rob, and Melinda regarding the negotiations of the EUP sewer agreement.
HOME RULE BOROUGH OF EDINBORO
RESOLUTION NO. 9-2008
WHEREAS, The Borough Council of the Home Rule Borough of Edinboro recognizes the importance of public records as the record of the acts of this municipality and the repository of information concerning this Borough; and
WHEREAS, The public has the right under the law to inspect and procure copies under the Right to Know Law; and
WHEREAS, it is appropriate, therefor, for the Council of the Home Rule Borough of Edinboro to establish current policy and regulations for the inspection and/or acquisition of copies of those public records, not exempted by law, by the public of the Commonwealth of Pennsylvania.
WHEREAS, The Right-To-Know Law Act 3 of 2008, is an Act providing for access to public information, for a designated open-records officer, for imposing penalties, and making related appeals ; and
WHEREAS, The Borough Council wishes to amend Resolution 1-2003; and
WHEREAS, Council amends Number 2 Definitions, a. Public Record(s) as updated by Senate Bill 1 signed February 14, 2008; and
WHEREAS, Council amends section Number 6 d “Fees” for “Public Records Maintained Electronically” by replacing the word “disk” with “CD”; and
WHEREAS, The Borough Council wishes to adopt all changes in Act 3 of 2008 as enacted; and
WHEREAS, Council wishes to adopt The Office of Open Records Rules and Regulations when approved during the 2009-2010 Legislative Session; and
WHEREAS, The Borough Council designate the open-records officer as the Manager or the Assistant to the Manager of the Borough; and
WHEREAS, The Borough Council designate the open-records appeals officer as the Borough Council; and District Attorney Bradley H. Foulk, District Attorney’s Office, 140 West Sixth Street, Erie, PA 16501, (814) 451-6349 for Criminal records; and Terry Mutchler, Executive Director, Office of Open Records, Commonwealth Keystone Building, 400 North Street, 4th Floor, Harrisburg, PA 17120; and
WHEREAS, The Borough Council wishes that the remaining terms, conditions and provisions of the Right to Know Ordinance adopted by the Home Rule Borough of Edinboro pursuant to Resolution 1-2003 are hereby ratified, approved and reenacted; and
NOW, THEREFOR, BE IT RESOLVED, and the same hereby is resolved by Council of the Home Rule Borough of Edinboro, assembled this 8th day of December, 2008, that the "Acquisition of Public Records - Policy and Regulations", attached hereto and made part hereof, as amended and established by Council of the Home Rule Borough of Edinboro to be effective this date.
HOME RULE BOROUGH OF EDINBORO ERIE COUNTY, PENNSYLVANIA
POLICY AND REGULATIONS REGARDING EXAMINATION, INSPECTION AND DUPLICATION OF PUBLIC RECORDS
1. Purpose. The Home Rule Borough of Edinboro recognizes the importance of
public records as the record of the acts of this municipality and the repository of information concerning this borough. The public has the right under the law to examine, inspect and procure copies of public records under the Right to Know Law, Act 3 of 2008. The purpose of this policy and these regulations is to assure compliance with the Right to Know Law, to preserve the integrity of the Home Rule Borough of Edinboro's files and documents, and to minimize the impact to the Home Rule Borough of Edinboro regarding the time spent in the research and the duplication of the Home Rule Borough of Edinboro's files and public records. Nothing in this policy and regulations shall provide for or be deemed to provide for the examination, inspection or duplication of a record that is not a public record.
2. Definitions.
a. Public Record(s). "Public record(s)" shall mean any account, voucher or
contract dealing with the receipt or disbursement of funds by the Home Rule Borough of Edinboro or the acquisition, use or disposal of services or of supplies, materials, equipment or other property and any minute, order or decision of the Home Rule Borough of Edinboro fixing the personal or property rights, privileges, immunities, duties or obligations of any person or group of persons: Provided, That the term "public record(s)" shall not mean any report, communication or other paper, the publication of which would disclose the institution, progress or result of an investigation undertaken by the Home Rule Borough of Edinboro in the performance of its official duties, except those reports filed by the Home Rule Borough of Edinboro pertaining to the safety and health in industrial plants; and it shall not include any record, document, material, exhibit, pleading, report, memorandum or other paper, access to or the publication of which is prohibited, restricted or forbidden by statute, law or order or decree of court, or which would operate to the prejudice or impairment of a person's reputation or personal security, or which would result in a loss by the Home Rule Borough of Edinboro or any of its subdivisions, commissions or municipal authorities of federal funds, excepting therefrom however the record of any conviction for any criminal act.
b. Words used herein that are defined in the Right to Know Law shall have
the definition scribed to them in the Right to Know Law per Act 3 of 2008 and as that law is hereinafter amended, modified and/or changed.
3. Policy. It is the policy of the Home Rule Borough of Edinboro to make the public
records of the Home Rule Borough of Edinboro available for examination, inspection and duplication by the citizens of this Commonwealth in accordance with these policies and regulations and the Right to Know Law.
4. Request. Public records will be available for examination, inspection and copying
at the Home Rule Borough of Edinboro Municipal Building during normal business hours, Monday through Friday, 8:30 a.m. to 4:30 p.m., with the exception of holidays. Requests shall be in writing and directed to the Borough Manager at the Home Rule Borough of Edinboro Municipal Building, 124 Meadville Street, Edinboro, PA 16412. Written requests shall be on a form provided by the Home Rule Borough of Edinboro and shall include the date of the request, the name and address of the requester, a clear description of the specific public record(s) requested and the address to which the Home Rule Borough of Edinboro should send its response. The written request may be submitted by e0mail, U.S. Mail, fax, or in person.
5. Response. The Borough Manager or his designee shall review all written requests for examination, inspection and duplication of public records. The Borough Manager upon receiving a request for public records,
i) note the date of receipt on the written request;
ii) compute the day on which the five-day period under section 901 will expire and make a notation of that date on the written request; and
iii) maintain an electronic or paper copy of the request for at least thirty days and if an appeal is filed until a final determination of the appeal.
iv) shall make a good faith effort to:
a. Determine if the record requested is a public record; and
b. Provide the requested public record(s) as promptly as possible, but no later than five (5) business days from the date of receipt, unless the Borough Manager notifies the requester of the reason for the delay in writing within the first five (5) business days of receipt of the request pursuant to Paragraph 7 below.
c. The Borough Manager or designee shall cooperate with persons requesting to examine, inspect and/or duplicate originals of the Borough's public records, while taking reasonable measures to protect the Home Rule Borough of Edinboro's public records, documents and records from the possibility of theft and/or modification in accordance with the Right to Know Law. No public records, documents or records shall be removed from the Home Rule Borough of Edinboro's Municipal Building and shall only be examined, inspected and duplicated within the Home Rule Borough of Edinboro's Municipal Building.
6. Fees. The Borough Manager or designee shall collect fees from the requester prior to sending or handing out such requested information, in accordance with the following schedule of fees:
a. Copying. Photocopies of public records shall cost 25¢ per page per side.
b. Postage. If mailing is requested, the actual cost of postage shall be paid as well as the copying fee prior to mailing.
c. Facsimile. If facsimile transmission is requested, the actual cost thereof shall be paid prior to transmission.
d. Public Records Maintained Electronically. If a public record is only
maintained electronically, the public record shall be duplicated onto a CD and the cost shall be $5.00 per CD. If the requester requests that the public record maintained electronically be converted to paper, the cost shall be 25¢ per page per side. A new CD shall be necessary each time public records are requested and provided.
e. Certification. If the requester requests that the public records be officially
certified as an official public record, there will be an additional charge of $10.00 for the certification.
The duplicated public records shall not be released to the requester for removal from the Home Rule Borough of Edinboro's Municipal Building or mailed to the requester until the total cost for the duplication thereof is paid to the Home Rule Borough of Edinboro. If the Borough Manager or designee reasonably believes that the duplication of the public records requested will cost in excess of $100.00, the Borough Manager or designee may require prepayment of the total estimated fees for the duplication. The requester will receive a refund of any portion of the estimated prepaid fee if the final cost is less than the estimated amount, or will be required to pay the additional cost to release the public records if the cost thereof is in excess of the estimated prepaid amount.
7. Delay in Responding to Request. Upon receipt of a written request for
examination, inspection or duplication of records, if it is determined that one of the following applies:
a. The request for access requires redaction of a public record in accordance
with Paragraph 8 below;
b. The request for access requires the retrieval of a record stored in a remote
location;
c. A timely response to the request for access cannot be accomplished due to
bona fide or specified staffing limitations;
d. A legal review is necessary to determine whether the record is a public
record subject to examination, inspection and duplication under the Right to Know Law;
e. The requester has not complied with the Borough of Edinboro's policies
and regulations regarding access to public records; or
f. The requester refuses to pay the applicable fees as provided in these
policies and regulations;
Then the Borough Manager or designee shall provide written notice thereof to the requester within the first five (5) business days after receiving the written request and shall specify that the request is being reviewed, the reason for the delay and review, and the anticipated date that a response is expected to be provided.
8. Redaction. If it is determined that a public record contains information which is
subject to examination, inspection and duplication, as well as information which is not subject to examination, inspection and duplication, the Home Rule Borough of Edinboro's response shall grant access to the information which is subject to examination, inspection and duplication and deny access to the information which is not subject to examination, inspection and duplication. If the information which is not subject to access is an integral part of the public record and cannot be separated, then the Home Rule Borough of Edinboro shall redact from the public record the information that is not subject to access and the response shall grant access to the information which is subject to examination, inspection and duplication. Information which is redacted in accordance with these policies and regulations and the Right to Know Law shall be deemed a denial of that requested information.
9. Denial of Request. If a response is a denial or deemed denial of a written request
for the examination, inspection or duplication of a record, whether it is a denial of an entire record or a denial of only a portion of a record, a written response shall be issued to the requester and the written response shall include:
a. A description of the record requested;
b. The specific reason(s) for the denial, including a citation of supporting
legal authority. If the denial is the result of a determination that the record requested is not a public record, the specific reasons for the determination that the record is not a public record must be provided;
c. The type or printed name, title, business address, business telephone
number and signature of the public official or public employee on whose authority the denial is issued;
d. The date of the response; and
e. The procedure to appeal the denial under the Right to Know Law.
10. Appeal Process. Any citizen of the Commonwealth of Pennsylvania denied
examination, inspection and/or duplication of a record he/she believes to be a public record, may appeal from such denial. If a written request is denied or deemed denied, the requester may file exceptions with the Council of the Home Rule Borough of Edinboro or District Attorney Bradley H. Foulk, District Attorney’s Office, 140 West Sixth Street, Erie, PA 16501, (814) 451-6349 for Criminal records or Terry Mutchler, Executive Director, Office of Open Records, Commonwealth Keystone Building, 400 North Street, 4th Floor, Harrisburg, PA 17120; within fifteen (15) days of the mailing date of the initial denial or the date of deemed denial. The exceptions filed by the requester:
a. Shall be in writing;
b. Shall state grounds on which or list the specific reasons why the requester
believes that the record should be considered a public record; and
c. Shall also address any grounds stated by the Home Rule Borough of
Edinboro for delaying or denying the request.
The Council of the Home Rule Borough of Edinboro or District Attorney Bradley H. Foulk, District Attorney’s Office, 140 West Sixth Street, Erie, PA 16501, (814) 451-6349 for Criminal records; or Terry Mutchler, Executive Director, Office of Open Records, Commonwealth Keystone Building, 400 North Street, 4th Floor, Harrisburg, PA 17120; shall make a final determination on the exceptions filed by the requester within thirty (30) days of the mailing date of the exceptions by the requester. Prior to issuing the final determination regarding the exceptions filed by the requester, the Council of the Home Rule Borough of Edinboro may conduct a hearing, if it deems necessary. The determination by the Council of the Home Rule Borough of Edinboro shall be the final order of the Home Rule Borough of Edinboro regarding the request. If the Council of the Home Rule Borough of Edinboro determines that Home Rule Borough of Edinboro correctly denied the request for the examination, inspection and/or duplication, the Council of the Home Rule Borough of Edinboro shall provide a written explanation to the requester of the reason for the denial.
11. Judicial Appeal. Within thirty (30) days of the mailing date of the final
determination by the Council of the Home Rule Borough of Edinboro affirming the denial of the examination, inspection and/or duplication, the requester may file a petition for review or other document as might be required by rule of court with the Court of Common Pleas of Erie County, Pennsylvania or may bring an action in a local magisterial district. The requester filing an appeal must serve the Home Rule Borough of Edinboro with notice of any appeal filed or action commenced in accordance with the Right to Know Law.
(Jan 01 2009)
Home Rule Borough of Edinboro
STANDARD RIGHT-TO-KNOW REQUEST FORM
DATE REQUESTED:
REQUEST SUBMITTED BY: E-MAIL U.S. MAIL FAX IN-PERSON
NAME OF REQUESTOR :______________________________________
STREET ADDRESS :_____________________________________________
CITY/STATE/COUNTY (Required): __________________________________________
TELEPHONE (Optional):___________________________________________________
RECORDS REQUESTED:
*Provide as much specific detail as possible so the agency can identify the information.
DO YOU WANT COPIES? YES or NO
DO YOU WANT TO INSPECT THE RECORDS? YES or NO
DO YOU WANT CERTIFIED COPIES OF RECORDS? YES or NO
____________________________________________________________________________
RIGHT TO KNOW OFFICER: Manager T Jemetz or Marie Lander, Assistant to the Manager
DATE RECEIVED BY THE AGENCY:
AGENCY FIVE (5)-DAY RESPONSE DUE:
**Public bodies may fill anonymous verbal or written requests. If the requestor wishes to pursue the relief and remedies provided for in this Act, the request must be in writing. (Section 702.) Written requests need not include an explanation why information is sought or the intended use of the information unless otherwise required by law. (Section 703.)
Clifford “Kip” Allen seconded the motion and discussion followed.
Michael Amidon asked if he could bring in a copier at no cost and make copies. Manager Jemetz stated he thought it was no problem if use own copier.
Marie Lander stated some would still need to know what he copied because the law requires a copy kept in a separate file documenting what was seen.
Clifford Allen stated depends where start and stop and review like coping we make it for you.
Attorney Marsh stated this is a new Act while the old Act permitted your own copier he would have to look it up for the new act.
Manager Jemetz stated that if someone comes into the office to use their copier we would have the Solicitor research it at that time.
Solicitor Marsh agreed.
The motion passed by 6-0 roll call vote: Dennis Travis, absent; Gregory Lucas, yes; Clifford Allen, yes; H. Robert Cannell, yes; Michael Amidon, yes; Jean Davis, yes; and Mary Ann Horne, yes.
Manager: Manager Jemetz reported that the sewage plant was progressing as planned; snow removal ongoing; report on 6N Corridor Study has been shipped but not received; EUP agreement; Draft language changes in Non Uniform Contract being updated; water tower no new information; library cleaning up next week and advertised for available January 1st; Terrace Drive drainage ditch is clear and functioning again; Hill Engineering working on storm sewer project Elm/Willow for CDBG and also Aspen way vicinity; and sent email to Washington Township to see if they were interested in negotiations a agreement to provide water, but no answer as of this date.
Police:
Reports for October were in the packets for review. Councilman Cannell noted that it was an outstanding report.
Code Enforcement/Planning/Zoning:
Monthly zoning report was available for review.
Notice of Zoning Hearing Board was available for the Council’s information.
COMMUNITY LIAISONS:
Washington Township Liaison: No one had a report.
Authorities Liaison – Jean Davis reported that everything was already discussed in the Manager’s report. One thing of interest was that the water department used a leak detection company and they found 8 leaks. They have fixed 3 of the 8 already.
Watershed Association – Mary Ann Horne reported that we missed the November 20th meeting so there was no report.
OTHER OLD BUSINESS:
NEW BUSINESS:
Clifford Allen moved to authorize the Mayor and Finance to review on the Council’s behalf all invoices and payroll for year end, until we meet in January. Michael Amidon seconded the motion and it passed by 6-0 voice vote.
Mayor Horne informed Council that they would meet January 5th for organizational meeting and the December 22nd meeting would be cancelled if not needed.
Being no further questions, Mayor Horne asked for adjournment.
Clifford Allen moved for adjournment, and the meeting was adjourned at 7:16 P.M.
ATTEST:
_______________________________ _________________________________
Borough Manager Taras Jemetz Mayor Mary Ann Horne
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
December 8, 2008
· Payment of bills
· Minutes
· Payroll
· Advertisement intent to adopt Ord 567
· Ordinance 566 Real Estate Tax Levy
· 2009 Budget Resolution 16-2008
· Records inspection Resolution 9-2008
· Authorize Mayor and Finance to review on behalf of Council expenses and payroll for year end.
·
POSTPONED
1. .
UPCOMING MEETINGS:
December 10-- Ordinance Review Committee 1:30 p.m.-
Design Review Ordinance Draft & info from Planning Commission
December 29th 4:30 pm Finance Committee Meeting
January 5th Council Meeting 6:30 p.m.
January 12th Authority meeting 5 p.m.
1. Advertise Ordinance 567.
2. Cancel meeting Dec 22 unless needed
AGENDA
BOROUGH OF EDINBORO
FFY 2008 COMMUNITY DEVELOPMENT BLOCK GRANT
PUBLIC HEARING
Preliminary Synopsis
December 10, 2007
6:50 P.M.
I. Welcome to the Public Hearing
II. Purpose of Hearing
A. This Public Hearing is the first of two public meeting to be held to inform residents that the Borough intends to submit an application to the PA Dept. of Community and Economic Development for (CDBG) Community Development Block Grant funds. The Borough is currently awaiting allocation notification from DCED. The FFY 2008 grant amount for activities is estimated to be approximately $110,000.
B. Date of Publication of Notice 11/26/2007 in the Erie Times
III. Presentation of 2008 CDBG Program
A. A copy of the Public Notice is attached to this Agenda.
V. Prior Use of CDBG Program Funds
K. 1993 Public/Community Facilities and Housing Rehabilitation
L. 1994 Sewer Plant Improvements and Sherrod Hill Water Tank Improvements
M. 1995 Housing Rehabilitation, Removal of Architectural Barriers, Public/Community
Facilities.
N. 1996 Air Stripping Tower
O. 1997 WWTP On-Site Emergency Generators, Public Service (Gov. Access Channel)
P. 1998 Dundon Road Standpipe, Sherrod Hill Telemetry, Public Community Facilities
Q. 1999 Public/Community Facilities - (Central Business District)
R. 2000 Public/Community Facilities (Central Business District), Parks and Recreation
Public Bath House, Removal of Architectural Barriers Municipal Building
S. 2001 Public/Community Facilities – (Phase III, Mill and Short Street Central Business District and the Removal of Architectural Barriers, Municipal Building; (Restroom Lower Level); and Edinboro Lake Dam Spillway Restoration
T. 2002 Public/Community Facilities (Phase III and IV) Central Business District Revitalization and the Sidewalk over the West Normal Street Bridge.
And a Recreation Activity– (Thompson Park)
K. 2003 Public/Community Facilities (Central Business District Phase IV and Bathhouse)
L. 2004 Public/Community Facilities (Central Business District Revitalization Phase V)
and pending tonight’s modification the addition of a Storm Sewer Activity - the Route 6N West Storm Sewer Replacement Project.
M. 2005 Public/Community Facilities – Sidewalk over the West Normal St. Bridge; Bathhouse; Parks and Recreation (Thompson Park) and pending tonight’s modification the addition of a Recreation Activity - the Lakeside Drive Access Trail.
N. 2006 Public/Community Facilities - Sidewalk over the West Normal Street Bridge and a Recreation Activity- the Lakeside Drive Access Trail;
O. 2007 Storm Sewer System - Route 6N West Storm Sewer Replacement Project
V. The Borough has an Antidisplacement Policy in place since 1996. Resolution 11-96
VI. The Borough has a MBE/WBE Plan and Goal in place since 1997. The established minimum participation levels for Minority Business Enterprises (MBE) are 5% and 3% for Women Business Enterprises (WBE). Borough of Edinboro Resolution 10-97.
VII. Eligible Activities include such activities as Water, Sanitary Sewer, Storm Sewer, Housing Rehab, Recreation and Public/Community Facilities. Any activity that is related to community development and benefits the community is usually eligible for CDBG funds. A complete Guide is available in the CDBG office.
The Borough cannot use the funds for General Government purposes (new office furniture or new tires for the truck) nor can funds be used for the cost of operating or maintaining public facilities or improvements; the cost of purchasing construction equipment; or the new construction of public housing.
At least 70% of the project funds must be used for benefiting the Low Moderate Income.
Up to 30% of the project funds can be used to clean up a slum area under the Slum and Blight Test.
The Borough is 51.7% LMI – usually any project that benefits the entire community is eligible.
Benefit to LMI/per 2007 HUD Section 8 Income Range - (03/20/07) for Erie County is as follows:
$19,000 representing the Very Low Income Limit for 1 person per household to $57,350 representing the Low Income for 8+ persons in a household
If anyone is interested in looking at this schedule, one is available in the office.
VIII. The Citizen Participation Procedure is used for CDBG funds so residents are notified when a Public Hearing regarding CDBG money will be held and have an opportunity to provide input on how this money may be spent.
IX. Project/Program Suggestions – Receive ideas or suggestions on how this money should be spent for the Three Year Community Development Plan FFY 2008 – FFY 2010.
X. Time Schedule/Target Dates
A. Next hearing regarding the 2008 CDBG Program will be held February 25, 2008
to announce projects and/or activities selected for inclusion in the Borough's 2008 CDBG Application.
The CDBG Application is typically due the second week of April, therefore, council will approve
the application at their 2nd meeting in March 2008.
XI. Closing Remarks/Comments
A Public Notice announcing the date, time and place of the Final Synopsis and date that final action on the FFY 2008 CDBG Application is expected to be taken by Borough Council will be published in the Erie Times.
XII. Question/Answer Period
XIII. Adjournment
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING AGENDA
December 8, 2008
6:15 p.m. CDBG Public Hearing
6:30 p.m. Regular Meeting
I. Call to Order of the Regular Council Meeting by Mayor
II. Roll Call: Clifford “Kip” Allen ____, Michael Amidon _____, H. Robert Cannell __, Jean Davis ____, Greg Lucas __, Dennis Travis ____, Mary Ann Horne __ Manager Taras Jemetz _____, Solicitor Marsh ____; and Marie Lander, Assistant to the Manager _____.
III. Approval of Minutes
· Regularly Scheduled Meeting and budget workshop of November 24, 2008
Action: Motion to approve minutes
IV. Public Participation –
A. County Executive Mark DiVecchio & Margaret Stewart, Erie County Library - presentation
V. Old Business
1. Finance Committee/Pension Committee/ Negotiation Committee – Jean Davis Chair - Met December 8, 2008 4:00 p.m.
a. Authorization to approve bills to be paid December 8
Action: Motion to approve bills totaling $85694.20
b. Authorization to approve payroll ending Nov 29 paid December 5, 2008 totaling $58,207.56
ACTION: Motion to approve payroll
c. Ordinance 566 Real Estate Tax Levy – adoption
d. 2009 Budget – Adoption – See Resolution No.16-2008
2. Ordinance Review Committee –Chair Kip Allen
A. Ordinance 564 adopted –Resolution to set fees tabled waiting for Township to adopt same ordinance
B. Ordinance on Ground Source Heat Pumps in Municipality
Awaiting Planning Commission input
C. Draft Ordinance for review from Zoning Department
D. Ordinance 567 amending Zoning Ordinance & Property Maintenance Code – authorize advertisement of intent to adopt
E. Meeting set for December 10th 1:30 p.m.
3. Personnel Committee –Chair Robert Cannell
a) Environmental Shade Tree Advisory Committee
Consider appointment
4. Public Safety –Chair Mary Ann Horne
5. Recreation/Lake/Environment –Chair Dennis Travis
6. Street, Buildings, and Grounds- Chair Greg Lucas
7. Committee of the Whole
B. Solicitor's Report:
1. Resolution 9-2008 Amendment Policy and Regulations Regarding Inspection Public Records – ACTION:
C. Management's Report:
1. Manager Jemetz
A. REPORT
2. Finance:
3. Personnel
4 Emergency Management
5. EVFD
6. Police - REPORT
7. Employee Safety Committee
8. Code Enforcement/Planning/Zoning
a. REPORT
b. Zoning Hearing Board Notices - FYI
9. Public Works – Monthly Report
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 Planning Liaison – Kip Allen or Manager Meeting Nov 13
4. EVFD Board Liaison – Michael Amidon
5. PLCM – Kip Allen & Manager Jemetz
6. Washington Township Liaison - Greg Lucas alt Jean Davis
7. Authority –Jean Davis alt Greg Lucas
8. Watershed Association - Mary Ann Horne – Met Nov 20th
9. Joint Planning Commission – Appoint representatives of Borough at organizational meeting January 5th
E. OTHER OLD BUSINESS:
VII. New Business
VIII. Adjournment
2008 EDINBORO BOROUGH COUNCIL MEETINGS 6:30 p.m.
December 8, Dec 22. -2009 Organizational Meeting & Council meeting 6:30 p.m. Jan 5 -2009 meetings: Jan 5, Jan 26, Feb 9, Feb 23, March 9, March 23, April 13, April 27, May 11, June 8, June 33, July 13, July 27, August 10 August 24, Sept 14, Sept 28, Oct 12, Oct 26, Nov 9 Nov 23, & Dec 14th
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