HOME RULE BOROUGH OF EDINBORO

COUNCIL MEETING MINUTES

June 28, 2004

 

Call to Order:

Monday, June 28, 2004.  The regularly scheduled meeting was called to order by Mayor H. Robert Cannell at 7:02 P.M. 

 

Roll Call

The following Council members were present: Mayor H. Robert Cannell, Clifford Allen, , Bob Cogan, Jean Davis, Greg Lucas, and Christopher Gillette.  Absent was Mary Ann Horne.   Also in attendance were E.R. McFadden, Borough Manager, and Marie Lander, Assistant to the Manager.  Guests present were: Tracy Halmi; Jon Foulkrod, Washington Township; Paul Leroy Mussi; Jen Duda, Erie Times; James A. Strand; and Ryan Smith, Meadville Tribune.  

 

Minutes:

Mayor Cannell introduced the minutes from the Regular Council meeting held June 14, 2004.   Jean Davis moved for approval of the minutes, and Robert Cogan seconded. The minutes were approved by a voice vote of 4-0-2 with Clifford Allen and Greg Lucas abstaining.

 

Public Participation:

Tracy Halmi, 112 Sunset Drive.  She stated she had no ill will against any Council member but had a different opinion.  She wanted to know about the courts up-holding the May 2000 Order and where the Council planned to go from here.    Mayor Cannell stated that the Borough planned to continue to negotiate.   Robert Cogan clarified that they had discussed this in executive session and the final decision will be decided here later.

 

James Strand, 12246 Route 99, stated when this Council, Manager, and Solicitor chose to appeal, it made them responsible for and caused the ban.  He went on to explain his situation in the Pinecrest Subdivision and his loss of income from loss of sales.  Mr. Strand stated he had talked to two attorneys and they felt the same way, that the Borough would have to help him in consideration of tax bills, etc.  He wanted to know if the Council was going to pay the Marsh firm for the appeal and the engineering costs.  Lastly, in his opinion, Manager McFadden and Attorney Marsh did get the Council to go this way to appeal.  Mr. Strand stated he dealt with DEP and did see the writing on the wall and they should have also.  This process he felt took away what he wanted to do this summer   Robert Cogan stated that it would be Council’s ultimate decision and he would present possibilities.  He recounted his inability for the last five months on Council to reverse prior Council decisions and would try again tonight. 

Mr. Strand asked about the OTM pipe with or without Washington Township, and the flood at his in-laws’ home across from the OTM.  Manager McFadden first wanted to make sure everyone understood he was talking about storm sewers not sanitary sewers when he spoke of OTM.  First, funds for litigation of sanitary sewers comes from fees and rates for sewer service and no sanitary sewer funds are used for storm sewers.  Up until DEP issued the ban in December 16, 2003 they could sell and build in Pinecrest.  Neither the Borough nor the Authority put the ban on, but the DEP placed it there.  

Mr. Strand stated this was because of lack of response by the Borough and the problem as DEP saw it.  Manager McFadden stated there is no problem where you intend to build.  No reason to place a ban on a subset of the conveyance systems.  Discussion regarding talking with the DEP followed.  The reason the communication was in the manner it was  because that is what DEP required, which was not open conversations.  It was noted that Jon Foulkrod from Washington Township was present, that they had signed a series of consent orders admitting they are hydraulically overloaded in their sanitary sewers.    Manager McFadden went on to discuss the storm water situation and the OTM to which Mr. Strand was referring.  Our Engineer did a watershed study on the OTM situation and sent a copy of the study to Steve Halmi, Washington Township’s Engineer.  We proposed working in a cooperative effort with Washington Township from above the OTM to the Lake. Storm water starts in Washington Township and a considerable amount of water comes from there.  Mr. Halmi’s report to the Township indicated it was too expensive to cooperate with the Borough to regulate the storm water, but Manager McFadden reported the Borough portion is moving forward.  Mr. Foulkrod stated that the Engineering study for Washington Township had three or four alternatives, and the one the Borough proposed was to send the storm water in back of the school to the creek, and that was too expensive.  We, the Township never said we would not cooperate, but need to look at other alternatives.           Manager McFadden stated that the letter they received stated they would not participate and never said what the Township would do or even if they would consider other alternatives.  Mr. Cogan asked to move on in the agenda.

 

OLD BUSINESS:

            Committee Reports:

            Finance Committee:  Jean Davis reported that they did not have a meeting, but she reviewed the invoices and so did Mr. Cogan, and she saw nothing out of the ordinary to report.

Ordinance Review Committee:  Jean Davis reported they met June 23rd and worked on two items, the Public Indecency Ordinance, for which they had a couple of questions for Attorney Marsh before bringing back to Council, and the second item was Dumpster Ordinance 514, and they met with business owners, and it was still being reviewed.

 

Jean Davis moved acceptance of Ordinance 516 PA Uniform Construction Code for its second reading, and Clifford “Kip” Allen seconded as follows:

Home Rule Borough of Edinboro

ORDINANCE 516

 

WHEREAS, the purpose of this ordinance is to promote the general health, safety and welfare of the citizens of this Municipality of the Home Rule Borough of Edinboro and to conform to the requirements of the Pennsylvania Construction Code Act and regulations to the Act promulgated by the Pennsylvania Department of Labor and Industry (hereinafter sometimes collectively referred to as the “Code”); and

 

WHEREAS, the Pennsylvania Construction Code Act requires the enactment of an appropriate ordinance by municipalities electing to administer and enforce the building code provisions of the Code.

 

NOW, THEREFORE, it is hereby enacted and ordained as follows:

 

  1. The Municipality hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 19099, 34 P.S.
  2. The Uniform Construction Code, contained in 34 Pa Code, Chapters 401-405, as amended from time to time, is hereby adopted and incorporated herein by reference as the municipal building code of this Municipality.
  3. Administration and enforcement of the Code within this Municipality shall be undertaken in any of the following ways as determined by the governing body of this Municipality from time to time by resolution:

a)                   by the designation of an employee of the Municipality to serve as the Municipal Code Official to act on behalf of the Municipality;

b)                   by the retention of one or more construction code officials or third-party                agencies to act on behalf of the Municipality;

c)                   by agreement with one or more other municipalities for the joint administration      and enforcement of this Act through an inter-municipal agreement;

d)                   by entering into a contract with another municipality for the administration and    enforcement of this Act on behalf of this Municipality;

e)                   by entering into an agreement with the Pennsylvania Department of Labor and     Industry for plan review, inspections and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use                structure.

  1. A Board of Appeals shall be established by resolution of the governing body of this Municipality in conformity with the requirements of the relevant provisions of the Code, as amended from time to time, and for the purposes set forth therein.  If at any time enforcement and administration is undertaken jointly with one or more other municipalities, said Board of Appeals shall be established by joint action of the participating municipalities.
  2. a.  All building code ordinances or portions of ordinances which were adopted by this  

            Municipality on or before July 1, 1999, and which equal or exceed the requirements of     

            the Code shall continue in full force and effect until such time as such provisions fail

            to equal or exceed the minimum requirements of the Code, as amended from time to  

            time.

b.  All building code ordinances or portions of ordinances which are in effect as of the

     effective date of this ordinance and whose requirements are less than the minimum   

     requirements of the Code are hereby amended to conform with the comparable

     provisions of the Code.

c.  All relevant ordinances, regulations and policies of this Municipality not governed by

     the Code shall remain in full force and effect.

  1. Fees assessable by the Municipality for the administration and enforcement undertaken pursuant to this ordinance and the Code shall be established by the governing body by resolution from time to time.
  2. This ordinance shall be effective five (5) days after the date of passage of this ordinance.
  3. If any section, subsection, sentence, or clause of this ordinance is held, for any reason, to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance.

 

DULY ENACTED AND ORDAINED this 28th day of June, 2004, by the Council of the Home Rule Borough of Edinboro in public session duly assembled.

 

            Christopher Gillette asked what choice “a” through “e” they would be doing.  Manager McFadden stated it would be Council’s decision, but that Dave Zamierowski currently was accredited in some areas and working on other areas, mostly residential.        

Mr. Gillette stated he would like to see other inspectors able to come into the Borough, and also he heard they were fighting these regulations in Harrisburg.  Mr. Cogan added that it was true they were adjusting the law so that homeowners could remodel some items without needing inspections, but this ordinance was a basic formality that was needed. 

            The Roll call vote followed for Ordinance 516:  Clifford Allen, yes; Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, yes; Mary Ann Horne, absent; Gregory Lucas, yes; and Mayor H. Robert Cannell, yes.  The motion passed by 6-0 roll call vote.

 

            Robert Cogan moved to postpone enforcement of Ordinance 514 regarding dumpsters indefinitely, and Jean Davis seconded.  The motion passed by 5-1 voice vote.

 

            Robert Cogan moved to postpone section 20.6.4 of Ordinance 506 of the Garbage and Recycling & Burning Ordinance indefinitely.  After discussion that Ordinance 514 superseded Ordinance 506 on that section, Mr. Cogan withdrew his motion.  Manager McFadden assured Council that the screening section would not be enforced.

 

            Mr. Allen asked the status of police officer hiring.   Manager McFadden stated it was his understanding from the last Council meeting that they would wait until the 2nd quarter review, which would be in a couple of weeks.  Greg Lucas stated that they discussed hiring two officers immediately, and Mr. McFadden stated that some Councilmen felt that they would not vote for a tax increase or rate increase, and they could not see hiring and then firing in January or freezing salaries and benefits.            Greg. Lucas moved to hire two (2) police officers immediately, and Robert Cogan seconded.  Greg Lucas felt that the police overtime would probably pay for at least one officer. Chief Craft in the audience informed Council that with six officers they could only have one officer on duty per shift, and clearance rates would be down while they are short-handed and overtime would be up for covering vacations, etc.   Robert Cogan moved to table Mr. Lucas’s motion until after the Committee of the Whole meeting to review budget for the 2nd quarter.  Jean Davis seconded the motion and it passed by 5-1 voice vote.

           

SOLICITOR’S REPORT:

            Mayor Cannell reported that Council met in executive session with the Municipal Authority, Solicitor Marsh (by phone), Rob Kennerknecht, WWCT Superintendent, and Charles Wunz of HRG tonight prior to the Council meeting.  They discussed DEP v. Edinboro Commonwealth Court Docket No. 835 M.D. 2003; Edinboro v. DEP, Commonwealth Account No. 2696 C.D. 2003; Edinboro v. DEP, EHB Docket 2004-016R; and Edinboro v. DEP, EHB Docket No. 2004-017-R.  They also discussed continuing negotiations with DEP-Meadville by HRG Engineer Charles Wunz and WWCT Superintendent Rob Kennerknecht.     Manager McFadden went on to explain the Commonwealth Court Panel was made up of three judges and on June 23, 2004 had a split decision upholding the EHB’s November 14, 2003 decision, which upheld the May 9, 2000 Order of the DEP-Meadville.  We have certain options that were discussed in executive session. We heard from HRG, the firm brought in to do a peer review of the work of Lake Engineering, to the effect that our sewerage conveyance system was not hydraulically overloaded.  Mr. Chuck Wunz, of HRG essentially agrees our conveyance system is not hydraulically overloaded pursuant to Chapter 94 regulations, whether using the thresholds in Chapter 94 before the changes by EHB or using the new definitions.  Either way, he was satisfied, that we are not overloaded.  He feels we need to maintain our system and address I & I and concurs with the acquisition of the sewer jet-vac machine to enhance maintenance and also use in the storm water system.  The options outlined in executive session are:

1.       Cease all appeals and accept any un-negotiated Consent Order and Agreement PADEP-Meadville presents to us.

2.      Continue negotiating an amicable settlement and release and continue all appeals.

3.      Same as no. 2, except continue the appeal before Commonwealth Court by requesting a review only if PMAA and/or PLCM attorneys will file and appear in person and speak on behalf of our position.  Manager McFadden noted that PMAA attorney Mike Witherel stated he will appear given reasonable time to arrange his schedule and PLCM is processing our request.

4.      Accept the panel’s decision, but continue the appeals of the December 16, 2003 ban and civil penalty and continue negotiation toward an amicable settlement and release.    Solicitor Marsh in executive session by speaker phone stated this option would not be workable.

            Clifford “Kip” Allen moved to authorize Rob Kennerknecht, WWCT Superintendent, and HRG to continue negotiating an amicable settlement and to authorize Attorney Marsh to file in a timely manner a request of a review by the full Commonwealth Court; Greg Lucas seconded the motion. 

 

            Robert Cogan moved to postpone the vote of Mr. Allen’s motion until he put his motion on the floor also.  Mayor Cannell seconded the motion, and it failed by 2-4 voice vote.

 

            Motion on the floor by Mr. Allen was approved by a 4 -2 voice vote.

 

            Mr. Cogan moved that Council direct the Manager and Solicitor to 1) cease all activity of appeal of the DEP findings, Ban, Civil Penalty, EHB Adjudication and Commonwealth Court ruling and, 2) inform the DEP tomorrow that it accepts the April 19th 2004 settlement proposal, 3) prepare a resolution for Council to approve and sign same at an earliest legally possible special meeting, 4) include in the communication to the DEP that we respectfully request that the blanks in “Completion Date” of Tasks 2 and 3 be filled with 180 days, and the blank in Section 8 Civil Penalty line 2 be filled with no more than $1,000, because the citizens of Edinboro should not be penalized for the incorrect legal judgments of last year’s Borough Council and further, that upon the Borough – Borough Authority’s signing, restoration of the 20 EDU’s of the May 18th letter is requested to facilitate connection requests of our residents.  Mayor H. Robert Cannell seconded the motion and discussion followed.  The motion failed by 2-4 voice vote.

 

            Tracy Halmi, 112 Sunset Drive.  She asked if the Orr Development would have to put a plan for storm water in their development plan as well as pay for sewerage lines and storm sewers.   Manager McFadden explained that the site plan received for storm water from the Orr Brothers was determined after review to be inadequate a few years ago.  They never came back to the Borough for review again. The sanitary sewer portion is 24 residents in the Borough and 16 in the Township.  In the Art Kuholski report, he stated we needed to study Maple Drive/Route 6N regarding flow data for six months to see what it looks like.  Mr. Kuholski also stated if the developer wanted to fast track, he could do that and he gave rough options and costs, which the Orrs didn’t want.  In the spring of 2002, the DEP proposed a Settlement which had the Borough providing sewer to the Orr Brothers at no cost to the Orr’s and ½ the cost for the Sherrod Hill sewer for a couple hundred acres in Washington Township.  Manager McFadden explained these were unusual costs to demand the Borough to assume when the parcels are not even in the Borough.  The PADEP’s reasons are not clear.  Mr. James Strand stated it was the DEP retaliation.   Manager McFadden wanted it to be clear to the press and minutes that it was Mr. Strand who accused the DEP of retaliation to the Borough and not Manager McFadden. 

 

            Also in the packets for review was a letter from Attorney Marsh to the Manager of June 15, 2004 and a letter from Attorney Marsh to Stephanie Gallogly, Chief Counsel for the DEP regarding settlement offer of the Borough’s.

 

Manager’s Report:

            Manager McFadden stated he would try to get all items pending finished for the next meeting.    Available in the packets was information on General McLane Area Community library; medical benefits meeting of employees, and a letter to President Pogue regarding policing in Edinboro.

 

FINANCE:     

            Mayor Cannell introduced the bills for payment.  Jean Davis moved to approve the submitted bills totaling $54,149.36, and Clifford “Kip” Allen seconded.  The motion passed by a 6-0 voice vote.  

 

            Mayor Cannell introduced the payroll as submitted for the period ending June 19, 2004 and paid June 25, 2004 totaling $49,367.53.     Jean Davis moved to approve the payroll, and Robert Cogan seconded.  The motion approving the payroll, overtime reports and supplemental time sheets passed unanimously by a voice vote 6-0.  

           

            May Finance reports were available for review.  Mayor Cannell requested the Finance Committee review them.

 

            Mayor Cannell presented the Manager with a check for $1,140 for dividend for Unemployment Compensation.

           

 

POLICE:

            Monthly report was available for review.  Mayor Cannell asked why in the last two months there were no K-9 reports.  He wanted to know what the dog was doing.   Manager McFadden stated it would be included in the future.

 

BOCA Code/Planning/Zoning:

            Monthly report was available for review.  Clifford Allen asked why the section showing schedule of visitation by the Zoning Officer was omitted from the report and if there was any reason for not receiving it?   Manager McFadden would ask the Zoning Administrator to provide this information.

 

Public Works:

Monthly report was available for review.

 

WASTEWATER COLLECTION & TREATMENT:

            Manager McFadden stated this is a resolution to participate in purchasing through a cooperative purchasing agreement with City of Harrisburg.  The WWCT staff and two separate engineering firms believe this is equipment needed to be more productive in maintaining WWCT and storm sewers.  This will help with I & I work and the company has agreed to hold the price for one unit.         Discussion followed regarding the letter of intent to purchase and financing.  After discussion Jean Davis moved for approval of the resolution, and seconded by Robert Cogan as follows:

 

Home Rule Borough of Edinboro

Resolution No. 13-2004

 

A RESOLUTION, of the Home Rule Borough of Edinboro, Erie County, Pennsylvania.

 

WHEREAS, Section 1902 of Act 57 of May 15, 1998, (Title 62 pa C.S. 1902), known as the “Commonwealth Procurement Code”, permitting local public procurement units, local municipalities, and authorities to sponsor, establish, participate in, conduct, or administer a cooperative purchasing agreement for the procurement of any goods, materials, equipment, or services with another local public procurement unit.  A “local procurement unit” is defined as:  any political subdivision, public authority, educational, health, or other institution; and to the extent provided by law, any other entity, including a council of governments or an area government; nonprofit fire, rescue or ambulance company; and any nonprofit cooperation operating a charitable hospital; and

 

WHEREAS, it is hereby deemed to be in the best interest of the Home Rule Borough of Edinboro, to participate in PACC (PA CAPITAL CITY) AUTOMOTIVE AND EQUIPMENT CONTRACT, which is administered by THE CITY OF HARRISBURG.

 

NOW, THEREFORE, BE IT RESOLVED by the members of the Borough Council, that the Home Rule Borough of Edinboro, will participate in PACC Automotive and Equipment Contract, by purchasing supplies, services from the contract and based upon the terms and conditions of the contract and at the same prices.  Further, the Home Rule Borough of Edinboro, will be responsible for the payment of the price directly to the contractor of said expenses directly related.

 

ADOPTED this 28th day of June, 2004.

 

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

 

            Jean Davis moved to purchase the JetVac through Harrisburg, financing it either by a 4 or 5 year loan or lease purchase, whichever has the most reasonable rate and which allowed for paying it off earlier. 

            Robert Cogan seconded the motion and it passed by 6-0 voice vote.

 

WATER SYSTEM:

            Monthly report was available for review.

 

Community Development/Project Coordinator:

            Monthly report was available for review.

 

COMMUNITY LIAISONS:

            Being no reports the Mayor moved on to other old business.

 

Other Old Business:

            Clifford Allen asked if the Public Safety Committee could address soccer tournaments in town.  Last weekend you could not get out of side streets with traffic moving so fast.  He requested that the Manager check with PennDOT about 35 mph speed from I-79 to EUP.  Also to check with Washington Township regarding joining us in this request since much was in the township.  Mr. Allen also asked that college police help with traffic and suggest they provide entrants with alternative routes such as getting off at the Saegertown exit or three ways to get on campus.  It would also be a good idea to send a copy to our Representative and Senator to make them aware of the problem of traffic.

 

            Clifford Allen moved adoption of Resolution 11-2004 Growing Greener II:

Home Rule Borough of Edinboro

RESOLUTION No. 11-2004

 

WHEREAS,  the Home Rule Borough of Edinboro, located in Erie County, Pennsylvania has served the 6,950 residents of the Borough of Edinboro since 1840; and

WHEREAS,  the Council of the Home Rule Borough of Edinboro, located in Erie County, Pennsylvania constitutes the chief governing body of the Borough of Edinboro, with legislative and policy-making powers that affect each resident’s quality of life; and

WHEREAS,  the Home Rule Borough of Edinboro has the responsibility to assure the fiscal health and integrity of the Borough of Edinboro; and

WHEREAS,  The Home Rule Borough of Edinboro has the responsibility of planning for an implementing projects that accomplish the preservation of open space economic development, historic preservation, community parks and recreation and protecting water sources; and

WHEREAS,  Pennsylvania’s ability to attract growing businesses and to provide the quality of life this governing body seeks for its residents is hindered by the loss of open space and farmland, the failure to remediate brownfield sites and impaired rivers and streams, the deterioration of our game and park lands, and the financial pressures on local governments; and

WHEREAS,  the Council has learned of Governor Rendell’s proposed budget for Fiscal Year 2004-2005, which includes a proposal for an $800 million bond initiative known as “Growing Greener II” by the Commonwealth of Pennsylvania as well as other funds to allow local governments to better meet their citizens’ needs; and

WHEREAS,  the Council wishes to encourage and support the adoption by the General Assembly of the Growing Greener II proposal contained within the Governor’s budget,

NOW THEREFORE, BE IT RESOLVED THAT:

1.        The Council supports adoption by the General Assembly of the Governor’s Growing Greener II initiatives proposed in the budget for Fiscal Year 2004-2005; and

2.        The Council specifically calls upon the General Assembly to pass HB2010 and HB2621, placing the Growing Greener bond on the ballot in November, 2004 for decision by the citizens of the Commonwealth.

3.        The signed resolution shall be forwarded to the Governor of Pennsylvania and our respective county and state legislators.

ADOPTED THIS ____ DAY of JUNE, 2004

 

Jean Davis seconded, and the motion was defeated by 2-3-1 roll call vote:  Jean Davis, no; Christopher Gillette, no; Mary Ann Horne, absent; Gregory Lucas, no; Clifford Allen, yes; H. Robert Cannell, yes; and Robert Cogan, abstained.

 

COMMUNICATIONS:

            Being no communications the Mayor asked for any new business.

 

NEW BUSINESS:

            Jean Davis informed the Manager that a citizen tried the handicapped accessible back door this morning around 9:00 A.M., and it did not open.  The Manager stated he would have it checked.

 

Adjournment:

            Robert Cogan moved for adjournment, and the meeting was adjourned at 8:50 P.M.

 

 

ATTEST:

 

 

 

___________________________               _____________________________

Manager E.R. Buck McFadden                   Mayor H. Robert Cannell

 


 

HIGHLIGHTS

June 28, 2004

 

 

COUNCIL APPROVED:

·        Payment of bills

·        Payment of payroll

·        Minutes

·        Final reading UCC Ordinance 516

·        Resolution 13-2004 – Harrisburg COG

·        Purchase of Jet Vac for WWCT using 4 or 5 year financing, which ever has the best rate, with option to payoff earlier

·        Defeated Resolution 11-2004 – Growing Greener II initiative

·        Postpone Ordinance 514 and enforcement regarding dumpsters indefinitely

 

POSTPONED

·        Indecency Ordinance 502 – Ordinance Review Committee- Hearing Jan 26th – sent for review by Solicitor – returned from Solicitor awaiting review by Ordinance Review before 2nd reading.

·        Delaying Ordinance 514 indefinitely being reviewed by Ordinance Review regarding dumpsters

·         

 

UPCOMING MEETINGS:

·        Ordinance Review Committee -  (Indecency Ordinance; Sign Ordinance & Codification)

·        Public Safety Committee – review parking ticket fines for possible increase.

 

 

MANAGER INSTRUCTED TO:

June 28, 2004

6 P.M. Executive Session with Solicitor & HRG

7:00 P.M. Regular Council Meeting

 

I.                    Call to Order of Council Meeting by Mayor Cannell

 

II.                 Roll Call:     Clifford “Kip” Allen ____, Bob Cogan ____, Jean Davis ____,           Christopher Gillette ____, Mary Ann Horne _absent___, Greg Lucas _ _,                                Mayor H. Robert Cannell _______, Manager McFadden ____,                                Solicitor Marsh _ _,  and Marie Lander, Assistant to the Manager ____.

 

III.       Approval of Minutes:

·         Regularly Scheduled Meeting, June 14, 2004.                      

 Action: Motion to approve minutes

 

IV        Persons Requesting Time to Address Council

            A)

 

V.        Old Business

A.  Committee Reports –

1.       Finance Committee/Pension Committee -  Mary Ann Horne

2.       Ordinance Review Committee –Jean Davis – met Wednesday June 2 --.                                                                a)    Public Indecency Ordinance 502 – review comments from Attorney Marsh

b)      Codification – awaiting Admin Section and return from Penns Valley

c)      Sign Ordinance

d)      Grease Ordinance

e)      Ordinance 516 - PA Uniform Construction Code -FINAL Reading  – as advertised – ADOPTION BY Roll Call Vote

f)       Dumpster Ordinance 514 – meet with business owners to discuss on June 23rd at 6:30 p.m.

3.       Personnel Committee – Kip Allen  

4.       Recreation/Lake/Environment –  Kip Allen

a)  Meeting with Watershed Association – date to be scheduled

5.       Public Safety – Chris Gillette   

6.       Street, Buildings, and Grounds – Chris Gillette

7.       Committee of the Whole

      

B. Solicitor's Report:

1.  DEP EHB Docket 2000-125- R (PADEP Order of May 9, 2000) – Appealing decision and actions

DEP V. Edinboro Commonwealth Court Docket No. 835 M.D. 2003 - 

Edinboro v. DEP, Commonwealth Account No. 2696 C.D. 2003 –

Edinboro v. DEP, EHB Docket 2004-016R  - Appeal of the ban letter - 

Edinboro v. DEP, EHB Docket No. 2004-017-R, Appeal of Undated Assessment.

a)      EXECUTIVE SESSION WITH AUTHORITY, Solicitor & HRG -          June 28th 6 p.m. 

b)      Correspondence from Attorney Marsh June 18, 2004 – FYI

c)      Letter from Attorney Marsh to Stephanie Gallogly June 24, 2004 - FYI

     

2.   Bulk Water agreement with Washington Townshipnothing to report

3.   Borough of Edinboro v. City of Erie – nothing to report

 

C.  Manager's Report:

       1.A)-  Manager instructed to:

a) get changes to Penns Valley from meeting with Ordinance Review regarding admin section of recodification

b)  add EUP calls to EVFD data 1999-2003 for percentage sharing cost auto insurance

c)  see if DA’s office will give grant toward K-9 use in County- Chief Craft looking into this

d)  set up meeting Watershed Association & Recreation/Lake/Environment Committee – When Watershed Association as new members

e)  check out contract with Marz on bathhouse bidding

f)  Check with rubbish haulers on possible change of days of pickups & cost of special pickups on Saturdays during the summer for rental properties

 

        1 B) Memo regarding Incorporating the “Friends” – FYI

        1 C) Memo regarding medical benefits meeting – FYI

        1 D) Letter to EUP regarding Policing Edinboro - FYI

2.  Finance – Monthly Report

a)  Authorization to approve bills to be paid                

Action:  Motion to approve bills totaling $ 54,149.36 __

b)  Authorization to approve payroll

 Action:  Motion to approve payroll ending June 19, 2004, paid                    June 25, 2004, totaling $ 49,367.53  

d)      Notice from Merrill Lynch regarding Pensions- FYI

 

                        3.   Personnel

                        4    Public Safety

Emergency Management

Emergency Medical Service (EMS)

EVFD  

d)   Police - Monthly Report

e.)  Employee Safety Committee

5.  BOCA Code/Planning/Zoning – monthly report

6.  Public Works – monthly report

a)      Sanitation

b)      Building & Property  

c)      Streets/Storm Sewers/Signals/Signs

d)      Park & Recreation  

e)      Lake 

f)       Dam 

g)      Recycling Leaves 

7.  Wastewater Collection & Treatment

            a)  Resolution 13-2004 joining Harrisburg COG

                        8.  Water System – Monthly Report

9. Community Development/Project Coordination

            a) Monthly Report

 

 

D.  Community Liaisons

1.       Public Relations/Cable TV  - Bob Cannell                

2.       Chamber of Commerce – Mary Ann Horne

3.       Environmental Shade Tree Advisory Committee – Mary Ann Horne

4.       Erie County Borough – Bob Cogan

a)  Meeting of officials & Picnic – reservations to Marie by July 8th

5.       Erie County Planning Liaison – Chris Gillette

6.       EVFD Board Liaison – Bob Cogan             

7.       PLCM Campus Community –  Bob Cannell

a)  Report on Conference

8.       PLCM Local Group – Kip Allen

9.       Washington Township Liaison – Jean Davis

10.   Authority – Jean Davis  

11.   Sewer Committee – Jean Davis, Chris Gillette, Bob Cogan

12.   EUP Administration – Bob Cannell

13.   Watershed Association – Mary Ann Horne

14.   Joint Municipal Planning –  Chris Gillette  

 

E. OTHER OLD BUSINESS:

1.  Letter from Governor Rendell regarding Growing Greener initiative –

Resolution 11-2004 -

 

VI.              Communications

A.       

B.        

VII. New Business

A. 

VIII.     Adjournment

 

REMINDERS:

EXECUTIVE SESSION June 28th 6 p.m.

Authority Meeting – July 12th  5 p.m.

 

2004 Council Meeting Schedule:

June 28, July 12, July 26, August 9, August 23, September 13, September 27, October 11, October 25, November 8, November 22, December 6 at 7:00 P.M.

and December 20 at 4:30 P.M.

©Copyright July 2004