HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
February 28, 2005
Call to Order:
The following Council members were present: Clifford Allen, Bob Cogan, Christopher Gillette, Mary Ann Horne, Greg Lucas, Jean Davis, and Mayor H. Robert Cannell. Also in attendance were Dave Zamierowski, Code Enforcement Administrator; Police Chief Jeff Craft and Marie Lander, Assistant to the Manager. Guests included Arthur Wright.
Mayor Cannell introduced the minutes from the regular Council meeting held February 14, 2005. Jean Davis moved for approval of the minutes, and Mary Ann Horne seconded. The minutes were approved by a voice vote of 7-0.
Because no one requested time to speak, the Mayor moved on to committee reports.
Robert Cogan asked to have two items added to new business: 1) Borough Hall Cleaning Schedule and 2) the format of executive sessions. Because there were no objections, the agenda was amended to include Mr. Cogan’s two items under New Business.
Committee Reports:
Finance Committee: Mary Ann Horne reported that they met today to review invoices and purchases orders. The committee saw no problems with those invoices and purchase orders reviewed.
Ms. Lander reported and gave the committee materials received from the Erie County Local Government Secretaries’ Association (ECLGSA) dinner meeting.
The Liquid fuels audit for 2002 and 2003 would take place march 14, 2005.
A review of the Digital Subscriber Line (DSL) line and possible savings using Coaxial Cable seemed to be around $20.00, but Coaxial was changing its Internet Service Provider (ISP) to Velocity.net and would get back to us to discuss costs and the procedure to change over, if beneficial.
It was time to renew the contract for the Pitney Bowes postage machine, and Mary Ann Horne stated they authorized Ms. Lander to continue with the process. Information regarding the conference by the Pennsylvania Employer Labor Relations Advisory Service (PELRAS) was discussed and to have someone attend would cost $500.00. The staff would see if we could purchase handouts.
A review of administration fees for lifeguard contracts was currently underway before meeting with the Young Men’s Christian Association (YMCA).
Greg Lucas explained that he had attended the pool meeting and that twenty-five (25) people attended. They heard that the Culbertson Pool was in good enough shape to continue with their efforts. To build a new pool it would be 1.3 to 3 million dollars and the study showed that $750,000.00 would bring it up to the condition needed and that they possibly could get a grant for half of that. This was a figure without the cost of purchasing the pool from the Orr brothers. At the meeting they stated they needed to get cooperation between the Borough, Washington Township, and Franklin Township to get grants and funding. Mary Ann Horne informed Mr. Lucas that if the municipalities went together on this, they would own the physical liability for the pool. Clifford Allen informed the new members of the history of transition of the pool from the Borough to the YMCA and the use of our labor to open and close the pool as well as the rewiring and the annual cleaning of the pool. When the YMCA was asked about building a pool at its site, it said it was not in the plans for the next five years. Mr. Allen reminded everyone that we had the Lake, and everyone could utilize it for free. Mayor Cannell asked if the Joint Municipal Planning Commission (JMPC) could be the umbrella organization for the grant funds. Chris Gillette informed him that the JMPC would be dissolved at the end of its task and that might be in six months. The JMPC had prepared a draft comprehensive plan, which would be advertised and hopefully adopted. Greg Lucas stated the Orrs had not pinned down a price for the pool yet. The study on the pool stated that it was worth buying and maintaining, but no one was sure if there was an agreement with the Orrs for this year or if they were planning to sell it. He asked who donated toward the pool and what support the Borough and Township gave. It was noted that Washington Township made donations to the pool and contributed 20% of the lifeguard fees for the beach. Mayor Cannell noted that the study showed the Township residents used it more than the Borough residents.
Clifford Allen also noted that the Borough kept up the basketball courts behind Pizza Hut, which was used by General McLane School District students as well as college students.
Mary Ann Horne moved to instruct Marie Lander, Assistant to the Manager, to complete the needed paperwork to start a Certificate of Deposit (CD) Program through the Pennsylvania Local Government Investment Trust (PLGIT). Greg Lucas seconded the motion, and it passed by a 7-0 voice vote.
Mary Ann Horne presented Resolution 8-2005 to Council regarding an amendment to the Pension Investment Policy as follows:
Home Rule Borough of Edinboro
RESOLUTION No. 8-2005
WHEREAS, Council of the Home Rule Borough of Edinboro is responsible through the Pension Board Subcommittee for establishing investment policy for the Funds and for implementing approved policies and guidelines; and
WHEREAS, the Pension Board Subcommittee has met with the investment consultant, Dennis Ranalli of Merrill Lynch who recommends that Council adopt the attached amended Investment Policy Statement.
1. Replace “15% of the market value of the equity portion of the investment
manager’s portfolio” on page 12 under Large/Medium Capitalization U.S. Stock
Portfolio(s) item 3, with the following: “30% at cost of the equity portion of the
investment manager’s portfolio”
2. Replace “Investments in any one individual equity security should not exceed 5%
of the market value of the equity portion” on page 12 under Large/Medium
Capitalization U.S. Stock Portfolio(s) item 1, with the following: “Investments in
any one individual equity security should not exceed 5% at cost of the equity
portion.”
NOW, THEREFORE, BE IT RESOLVED by Borough Council assembled this 28th day of February, 2005 that the attached Amended Section of the Investment Policy Statement hereby is adopted.
Robert Cogan seconded the motion and it passed by the following 7-0 roll call vote: Jean Davis, yes; Christopher Gillette, yes; Mary Ann Horne, yes; Gregory Lucas, yes; Clifford Allen, yes; Robert Cogan, yes; and Mayor H. Robert Cannell, yes.
Christopher Gillette moved to authorize the Mayor to sign a letter of understanding with Fayez Sarofim & Company as presented by Merrill Lynch.
Jean Davis seconded the motion and it passed by a 7-0 voice vote.
Police negotiations were nearing an end. The Committee was waiting for a language change from the Attorney. They would meet Thursday night with the Police Bargaining Unit to review.
Ordinance Review Committee: Jean Davis reported that the Public Indecency Ordinance No. 502 was before them as well as a memo from the Assistant to the Manager on past history of publishing ordinances. It was noted that they had several readings prior to this meeting and had had a hearing to take comments. Robert Cogan suggested a public notice incorporating the first paragraph of the ordinance with captions from the ordinance, especially from the penalties section. Jean Davis moved to adopt Ordinance 502 as amended in a prior meeting and to advertise the synopsis and penalty. Robert Cogan seconded the motion.
BOROUGH OF EDINBORO
ERIE COUNTY, PENNSYLVANIA
ORDINANCE NO. 502
AN ORDINANCE
The within Ordinance shall be known as the “Public Indecency and Sexually-Oriented Business Ordinance.” The within Act and Ordinance shall prohibit certain acts in public places, shall provide definitions relative to said unlawful acts, provide for the licensing of sexually-oriented businesses and/or adult-oriented businesses and provide penalties for the violations thereof, including fines, imprisonment and the declaration of a public nuisance, as appropriate.
WHEREAS, the Borough of Edinboro, (the “Borough”) at various times, expressed its findings that certain lewd, immoral and indecent activities, carried on in public places for profit, are highly detrimental to the public health, safety and welfare, and lead to the debasement of both women and men, the exposure of minors to indecent activity, the promotion of violence, public intoxication, prostitution, and other serious criminal activity; and
WHEREAS, the Council of the Borough of Edinboro (“Council”), by enactment of this Ordinance has expressed its intention to limit or restrict such lewd, immoral and indecent activities, to provide penalties for violations thereof and, in appropriate cases, to declare the locations of such activities to be a public nuisance subject to abatement; and
WHEREAS, the Council is fully aware of and fully respects the fundamental constitutional guarantees of free speech and free expression and realizes that restrictions of such freedoms must be carefully drafted and enforced so that speech and expression are not curtailed beyond the point at which it is essential to further the Borough's interest to promote and protect the public health, safety and welfare; and
WHEREAS, over the years various statutes and court interpretations have been enacted and decided, which compel periodic re-evaluation and revision of Borough ordinances and regulations; and
WHEREAS, the Borough has no present Ordinance which regulates and/or restricts the conduct and activities as outlined herein (including language) which is consistent and in conformity with current state and federal law and the Borough therefore wishes to create such an ordinance; and
WHEREAS, the Council specifically wishes to adopt the concept of Public Indecency prohibited by the laws of the State of Indiana, which was approved by the U.S. Supreme Court in Barnes vs. Glen Theatre, Inc. et al 111 S.Ct. 2456 (1991), for the purpose of limiting unlawful acts within the Borough; and
WHEREAS, the Council specifically wishes to adopt a similar, but revised, concept of Public Indecency prohibited by the ordinance of the neighboring City of Erie; and
WHEREAS, the Borough recognizes, finds and adopts the following studies which have found that sexually-oriented businesses and certain lewd and immoral and indecent activities generate secondary effects which are detrimental to the public health, safety, and welfare:
1. Report prepared by city of Las Vegas - 1978
2. Adult Business Study of the City of Phoenix Planning Department of 1979
3. Adult Entertainment Business in Indianapolis Report of 1984 (removed)
4. Regulation of Adult entertainment Establishments in St. Croix County, Wisconsin, 1993
5. Effects of Adult Entertainment Businesses on Residential Neighborhoods, City of El Paso, 1986
6. Report on Zoning and Other Methods of Regulating Adult Entertainment in Amarillo, Texas, 1977 (removed)
7. Adams County Nude Entertainment Study, 1991.(removed)
8. Report on Adult Oriented Businesses in Austin, Texas, 1986.
9. Report on the Secondary Effects of the Concentration of Adult Use Establishments in the Times Square Area, April 1994
10. Adult Entertainment Study, City of New York, 1994;
11. The Negative Secondary Effects of Adult Businesses, The Pittsburgh Coalition Against Pornography; and (removed)
WHEREAS, the Council recognizes, finds and asserts that sexually-oriented
business are frequently used for unlawful sexual activities including public sexual indecency, prostitution and other sexual encounters; and
WHEREAS, the Council is aware that the General Assembly of the Commonwealth of Pennsylvania has enacted legislation at 68 Pa C.S.A. §§ 5501, et seq., which imposes regulations upon the activities of sexually-oriented and adult entertainment establishments, which regulations exist independently of any action by this Borough; and
WHEREAS, the Borough’s concern over sexually transmitted diseases is a legitimate health concern of the Borough which demands reasonable regulation of public indecency to facilitate and combat these secondary effects to the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA, AS FOLLOWS:
Section 1. Ordinance No. 502 of the Home Rule Borough of Edinboro is hereby enacted, entitled Public
Indecency and Sexually-Oriented Businesses.
1.01 Definitions
1.01.1 Terms used in this ordinance shall be given their general and customary meaning and, where such terms are defined in statutes of the Commonwealth of Pennsylvania or ordinances of the Home Rule Borough of Edinboro, such definitions shall control.
1.01.2 When used in this ordinance, the following terms shall be defined as follows:
A. Adult Arcade
Any place to which the public is permitted or invited wherein coin-operated, slug- operated, or for any form of consideration, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained, not located within viewing booths, to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.”
B. Licensee
A person in whose name a license to operate a sexually-oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
C. Massage Parlor
An establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body and all forms of physiotherapy, unless operated by a medical practitioner, professional physical therapist or chiropractor licensed by the Commonwealth of Pennsylvania. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
D. Nude
The showing of:
(1) human male or female genitals or pubic area with less than a fully opaque covering; or
(2) any portion of the anal cleft or cleavage of the male or female buttocks. Attire that is insufficient to comply with the requirement to cover all portions of the anal cleft or cleavage of the male or female buttocks is insufficient. Attire that is insufficient to meet this requirement includes, but is not limited to, G-strings, T-backs, thongs and any other clothing or covering that does not completely and opaquely cover the anal cleft or cleavage of the male or female buttocks; or
(3) the portion of the human female breast directly or laterally below a
point immediately above the top of the areola with less than a fully opaque covering; this definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided the areola is not exposed; or
(4) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
E. Nudity
The state of being nude.
F. Public Indecency
Public Indecency shall be deemed to include all actions declared in this Ordinance to constitute public indecency, including, but not limited to, those actions set forth in Section 1.02 and all subparts. The term shall not include and shall not apply to:
(1) the act of performing or dancing in the nude in a sexually-oriented establishment or in a play or performance open to the general public where the fact that and the existence of the nude performance is made known to patrons prior to their entry to the premises and this ordinance is not otherwise violated; or
(2) any child under ten (10) years of age; or
(3) any individual exposing a breast in the process of breastfeeding an infant under two (2) years of age; or
4) any person being in a state of nudity other than in a public place or in circumstances of emergency or which are not within the reasonable control of that person.
G. Public Place
All outdoor areas owned by or open to the general public, and all buildings or enclosed places owned by or open to the general public, except sexually-oriented establishments. Public areas shall include, but are not limited to, places of entertainment, bars, taverns, restaurants, clubs, theaters, dance halls, etc.
H. Sexual Entertainment
(1) An exhibition in an sexually-oriented establishment of any sexually-oriented books, motion pictures or other media, meaning those distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as these terms are defined at 68 C.S.A. § 5502, as may in the future be amended.
(2) A live performance, display or dance of any type in a sexually-oriented establishment which has as a significant or substantial portion of the performance any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomiming, modeling or any other personal services offered customers.
I. Sexually-Oriented Bookstore, Novelty Store or Video Store
A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one (1) or more of the following:
(1) books, games, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, CD ROM discs or other computer software, or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; or
(2) instruments, devices or paraphernalia which are designed for use in connection with “specified sexual activities.”
J. Sexually-Oriented Business
Any business activity, club , or other establishment, within which the exhibition, showing, rental, or sale of materials distinguished or characterized by an emphasis on material depicting, describing, or exhibiting specified anatomical areas or relating to specified sexual activities is permitted. Sexually-oriented businesses shall include, but are not limited to: adult arcades, adult bookstores, adult motion picture theaters, adult theaters and massage parlors as defined by this section.
K. Sexually-Oriented Establishment
The term includes, without limitation, the following establishments when operated for profit:
(1) sexually-oriented bookstores;
(2) sexually-oriented motion picture theaters;
(3) sexually-oriented mini-motion picture theaters;
(4) massage parlors;
(5) any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the premises for the purpose of viewing sexually-oriented motion pictures or where an entertainer provides adult entertainment to a member of the public, a patron or a member. “Motion pictures” shall include films and video tapes, DVD’s, streaming video, whether available on site or through cable, satellite, closed-circuit television, or on computers or through chat rooms or any internet connection.
(6) Any sexually-oriented entertainment studio or any premises that are physically arranged and used as such, whether advertised or represented as an sexually- oriented entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import.
The terms “booths, cubicles, rooms, studios, compartments or stalls,” for purposes of defining sexually-oriented establishments, do not mean enclosures which are private offices used by the owner, manager or persons employed on the premises for attending to the tasks of their employment, and which are not held out to the public for the purpose of
viewing motion pictures or other entertainment for a fee, and which are not open to any persons other than employees.
L. Specified Criminal Activity
Prostitution or promotion of prostitution, dissemination of obscene material, sexual performance by a child, possession or distribution of child pornography, public lewdness, indecent exposure, indecency with a child, engaging in organized criminal activity, sexual assault, molestation of a child, unlawful distribution of a controlled substance or any similar offenses to those described above under the criminal or penal code of the Commonwealth of Pennsylvania.
1.02 Public Indecency Prohibited
No person shall commit an act of public indecency in the Borough of Edinboro or maintain or allow acts of public indecency when said person is a property owner, lessee, proprietor or manager of a business or other establishment, and it shall be unlawful for any such person to commit, maintain or allow any act(s) of public indecency. An act of public indecency occurs when a person knowingly, intentionally or recklessly, in a public place:
1.02.1 engages in sexual intercourse.
1.02.2 engages in deviant sexual intercourse as defined by the Pennsylvania Crimes code, as may in the future be amended.
1.02.3 engages in any specified sexual activity as defined at 68 Pa C.S.A. § 5502, as may in the future be amended, this including:
A. causing one’s own or another person’s human genitals to be in a state of sexual stimulation or arousal;
B. acts of human masturbation, sexual intercourse or sodomy;
C. fondling or erotic touching of human genitals, pubic region, buttocks or female breasts of oneself or any other person in a public place not constituting an adult entertainment for which such activity as to oneself may be an element of the performance;
D. in sexually-oriented entertainment, plays or performances, the fondling or erotic touching of human genitals, pubic region, buttocks or female breasts of another person by a performer, patron or other person, and/or of a performer by any patron or person not involved in the play or performance.
1.02.4 Appears in a state of nudity, other than as a performer in a dance, play or performance for which nudity constitutes an aspect of the performance or in a modeling class as defined in Section 11.
1.02.5 Brings, allows or condones entry of a minor to a sexually-oriented establishment.
1.02.6 Brings, allows or condones entry of or access by a minor to sexually-oriented entertainment or sexually-oriented materials in any establishment, whether or not a sexually-oriented establishment as defined herein or in the Borough of Edinboro Zoning Ordinance.
1.03 Regulations on Operation and Conduct of Adult/Sexually-Oriented Establishments
1.03.1 Each adult or sexually-oriented business shall be required to prominently post a sign or signs conforming to the Edinboro sign ordinance. A sign shall be visible from each entrance, informing the public that adult and/or sexually-oriented activities occur within and that minors are prohibited from entering.
1.03.2 No establishment constituting sexually-oriented entertainment or sexually-oriented establishment shall be open for business earlier than 10:00 A.M. on Mondays through Saturdays or 12:00 P.M. on Sundays, and no such establishment shall be open for business later than 12:00 A.M. on any day of the week.
1.03.3 No establishment constituting sexually-oriented entertainment or sexually-oriented establishment shall be situated or located nearer than one thousand (1,000) feet from the nearest property line of any other sexually-oriented entertainment or sexually-oriented establishment, bottle club, church, school or other institution of learning or education, hospital, library, park or playground. Furthermore, no establishment constituting sexually-oriented entertainment or a sexually-oriented establishment shall be situated or located nearer than five hundred (500) feet from any land zoned residential, and no establishment constituting sexually-oriented entertainment or sexually-oriented establishment shall be situated or located nearer than five hundred (500) feet from any property line of any single or multi-family dwelling.
1.03.4 The Borough of Edinboro’s Code Enforcement Official and his or her designees are authorized to inspect sexually-oriented establishments at reasonable times for purposes of enforcing the regulations of State law and this ordinance.
1.03.5 Council and the Code Enforcement Officer, through the Solicitor, shall be authorized to commence by the Borough actions at law or in equity to enjoin violations of this ordinance or of 68 Pa C.S.A. §§ 5501, et. seq.
1.04 Declaration of a Public Nuisance
In addition to the specific penalties provided in this ordinance for violations, it is hereby declared that any building, structure or portion thereof used for acts of public indecency in violation of this ordinance is a public nuisance, subjecting the owner, lessee, proprietor or other operator thereof to any and all actions authorized by the Commonwealth of Pennsylvania or the Borough of Edinboro Nuisance Ordinance for the abatement of public nuisances. In the event of any action by the Borough to abate a public nuisance, the owner of the subject property shall further be liable for payment to the Borough of all costs, attorney’s fees and other related expenses incurred by the Borough in such action.
Section 2. License Required
2.01.1 It is unlawful:
A. for any person to operate a sexually-oriented business without a valid sexually-oriented business license issued by the Borough pursuant to this Ordinance.
B. beginning on the sixtieth (60th) day after enactment of this Ordinance for any person to continue to operate any sexually-oriented business in operation at the time of enactment of this Ordinance without a valid sexually-oriented business license pursuant to this Ordinance.
2.01.2 An application for a license must be made on a form provided by the Borough.
2.01.3 All applicants must be qualified according to the provisions of this Ordinance. The application may request, and the applicant shall provide such information (including fingerprints) as to enable the Borough to determine whether the applicant meets the qualifications established in this Ordinance.
2.01.4 If a person who wishes to operate a sexually-oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually-oriented business is other than an individual, each individual who has a twenty percent (20%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a
license is granted.
2.01.5 The completed application for a sexually-oriented business license shall contain the following information and shall be accompanied by the following documents:
A. If the applicant is:
(1) an individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is at least eighteen (18) years of age;
(2) a partnership, the partnership shall state its complete name, and the name of all partners, whether the partnership is general or limited and a copy of the partnership agreement, if any;
(3) a corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation and qualified and authorized to conduct business in Pennsylvania, the names and capacity of all officers, directors and principal stockholders, and the names of the registered corporate agent and the address of the registered office for service of process.
B. If the applicant intends to operate the sexually-oriented business under a name other than that of the applicant, he, she or it must:
(1) state the sexually-oriented business’ fictitious name; and
(2) submit the required registration documents.
C. Whether the applicant, individuals, owners or officers of the corporation, or a person residing with the applicant has been convicted of a specified criminal activity as defined in this Ordinance, and, if so, the specified criminal activity involved, the date, place and jurisdiction of each conviction.
D. Whether the applicant or a person residing with the applicant has had a previous license under this Ordinance or other similar sexually-oriented business ordinance from another municipality, state or county denied, suspended or revoked, including the name and location of the sexually-oriented business for which the permit was denied, suspended or revoked, as well as the date of denial, suspension or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this Ordinance whose license has previously been denied, suspended or revoked, including the name and location of the sexually-oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
E. Whether the applicant or a person residing with the applicant holds any other licenses under this Ordinance or other similar sexually-oriented business ordinance from another municipality, state or county, and, if so, the names and locations of such other licensed businesses.
F. The specific classification of sexually-oriented use for which the applicant is filing along with a detailed description of each and every activity encompassed by the proposed sexually-oriented business, which description shall thoroughly demonstrate compliance and/or intended compliance with all provisions of this Ordinance.
G. The location of the proposed sexually-oriented business, including a legal description of the property, street address and telephone number(s), if any.
H. The applicant’s mailing address and residential address.
I. A recent photograph of the applicant(s).
J. The applicant’s driver’s license number, social security number and his/her state or federally issued tax identification number.
K. A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.
L. A current certificate and straight-line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting the property lines and the property to be certified in conformity 1.03.2, and;
M. If an applicant wishes to operate a sexually-oriented business, which includes viewing booths, then the applicant shall also comply with the application requirements set forth in Section 9 and shall separately apply for and obtain a building and occupancy permit for the installation of the viewing booths.
N. The application form shall inform the applicant that:
(1) separate applications are required for any necessary zoning permits, subdivision and land development approvals and building and occupancy permits and that the applicant may apply for such permits by contacting the Borough Code Enforcement Officer and the Erie County Planning Commission; and
(2) Department of Labor and Industry approval is required.
Section 3. Issuance of License
3.01.1 Upon the filing of said application in a fully completed form for a sexually-oriented business license, the application shall then be referred to the Borough Code Enforcement Officer for review and investigation. The Borough Code Enforcement Officer shall utilize any available resources through the Pennsylvania State Police, the Erie County Sheriff, the Commonwealth of Pennsylvania and/or other law enforcement agencies as may be necessary to complete the review and investigation required by this Ordinance. Within thirty (30) days from the date the completed application is filed, the Borough Code Enforcement Officer shall issue a license, unless it is determined by the Borough Code Enforcement Officer that one (1) or more of the following findings is true:
A. the applicant has failed to provide all information required for issuance of the license or has falsely answered a question or request for information on the application form;
B. the applicant is under the age of eighteen (18) years;
C. the applicant has been convicted of “specified criminal activity” as defined in this Ordinance;
D. the required application, investigation and license fees have not been paid.
E. an applicant’s license to operate a sexually-oriented business, issued by any jurisdiction, has been revoked within the preceding twelve (12) months;
F. the proposed sexually-oriented business is in violation of, or is not in compliance with, any of the provisions of this Ordinance.
3.01.2 A license granted pursuant to this Section shall be subject to annual renewal upon the written application of the applicant and a finding by the Borough that the applicant has not been convicted of any specified criminal activity as defined in this Ordinance or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in Section 4.
3.01.3 The sexually-oriented business license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the business and the specific classification of use for which the license is issued. Licenses for businesses shall state that the business shall not commence until all necessary zoning, subdivision and land development, and/or building code approvals and Department of Labor and Industry approvals are obtained. All licenses shall be posted in a conspicuous place at or near the entrance to the business so that they may be easily read at any time.
3.01.4 Applications for building and occupancy permits shall be processed and either denied or approved according to Section 503.2 of the Borough of Edinboro Zoning Ordinance.
3.01.5 A sexually-oriented business license shall be issued for the specific classification of sexually- oriented use as permitted by ordinance and applied for.
3.01.6 A license denial shall conform to the provisions of Section 8.
3.01.7 Any person aggrieved by the license may appeal, in writing, within thirty (30) days from the date of issuance of the license to the Zoning Hearing Board. The Zoning Hearing Board shall then hold a local agency law hearing within twenty (20) days from the date of filing of the appeal and render a decision within ten (10) days from the end of the hearing. Appeals from a decision of the Zoning Hearing Board may be taken to court subject to Section 8.01.5 of this Ordinance.
Section 4. Fees
4.01.1 Every application for a sexually-oriented business license (whether for a new license or for renewal of an existing license) shall be accompanied by a non-refundable application and investigation fee of one hundred fifty dollars ($150.00).
4.01.2 In addition to the application and investigation fee required above, every sexually-oriented business that is granted a license (new or renewal) shall pay to the Borough and annual non-refundable license fee of fifty dollars ($50.00) within thirty (30) days of license issuance or renewal.
4.01.3 All license applications and fees shall be submitted to the office of the Borough Manager, and, thereafter, the applications shall be forwarded to the Code Enforcement Officer of the Borough of Edinboro for review and investigation and approval or denial.
Section 5. Inspection
5.01.1. An applicant or licensee shall permit authorized Borough officials and their agents or consultants to inspect the premises of a sexually-oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.
5.01.2 A person who operates a sexually-oriented business commits a violation of this Ordinance if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
Section 6. Expiration of License
6.01.1 Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided for in Section 2. Application for renewal shall be made at least thirty (30) days before the expiration date, and, when made less than thirty (30) days before the expiration date, the date of expiration of the license will not be extended.
6.01.2 When the Borough denies renewal of a license for noncompliance of this Ordinance or violation of Section 3.01.2, or if the establishment becomes a Public Nuisance as defined in BOCA P.M. 300, the applicant shall not be issued a license for one (1) year from the date of denial. If, subsequent to denial, the Borough finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license according to Section 3.01.2 if at least ninety (90) days have elapsed since the date denial became final.
Section 7. Suspension
7.01.1 The Borough Code Enforcement Officer shall suspend a license for a period not to exceed thirty (30) days if he determines that a licensee of a licensed sexually-oriented business has:
A. violated or is not in compliance with any provision of this Ordinance;
B. refused to allow an inspection of the sexually-oriented business premises as authorized by this Ordinance; or
C. knowingly permitted gambling by any person on the sexually-oriented business premises.
Section 8. Revocations and Appeals of Denials, Suspensions or Revocations
8.01.1 The Borough of Edinboro Code Enforcement Official shall revoke a license if a cause of suspension in Section 8 occurs and the license has been suspended within the preceding twelve (12) months.
8.01.2 The Borough of Edinboro Code Enforcement Official shall revoke a license if he determines that:
A. a licensee gave false or misleading information in the material submitted during the application process;
B. a licensee has knowingly allowed possession, use or sale of controlled substances on the premises;
C. a licensee has knowingly allowed prostitution on the premises;
D. a licensee has knowingly operated the sexually-oriented business during a period of time when the licensee’s license was suspended;
E. a licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex acts to occur in or on the license premises; or
F. a licensee is delinquent in payment to the Borough for any licensing fee or fees.
8.01.3 When the Borough Code Enforcement Officer revokes a license, the revocation normally will continue for one (1) year, and the licensee shall not be issued a sexually-oriented business license for one (1) year from the date the revocation became effective. If, subsequent to revocation, the Borough Code Enforcement Officer finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license by the Borough Code Enforcement Officer upon his finding that the condition leading to the revocation has been corrected or abated if at least ninety (90) days have elapsed since the date the revocation became effective.
8.01.4 All permit denial, renewal, suspension or revocation decisions shall be sent in writing to the applicant or licensee. All such decisions which deny, refuse to renew, suspend or revoke a permit shall state specifically the ordinance requirement not met and any other basis for the decision. After denial of an application or denial of a renewal of an application or after suspension or revocation of any permit, the applicant or permittee may appeal pursuant to procedures of the Local Agency Law (2 Pa. C.S. Sec. 101, et seq.) to the Zoning Hearing Board, except as modified herein. Any such appeal must be filed in writing, with the Borough Code Enforcement Officer within ten (10) days from the date of the mailing of the decision appealed from and shall specify, in detail, the basis for the appeal. Failure or refusal to file said appeal or specify the basis of said appeal with the Borough Code Enforcement Officer shall be deemed a conclusive determination as to the issues or matters addressed by the written decision. If an appeal is timely filed, the Zoning Hearing Board will then hold a zoning hearing pursuant to 2 Pa. C.S. Sec. 101, et seq. within thirty (30) days from the date the appeal is filed and will render a written decision within ten (10) days from the date such hearing concludes. In the case of a denial of renewal, or in the case of a permit suspension or revocation, the permittee may continue to operate to the same extent as immediately prior to the suspension or revocation until the earlier of :
A. the expiration of the ten (10) day appeal period without filing of an appeal; or
B. the date of final decision dismissing any appeal.
8.01.5 Any person aggrieved by a decision of the Zoning Hearing Board may appeal to a court of competent jurisdiction pursuant to the Local Agency Law (2 Pa. C.S. Sec 101, et seq.) and 42 Pa C.S. Sec. 933(a)(2). The Zoning Hearing Board shall, upon filing of such appeal, consent to any/all request(s) by an appellant to the Court to give expedited review of such appeal. The Borough Council shall certify any record to the court within twenty (20) days after the appeal is filed. In the case of a denial of a permit renewal, or in the case of a permit suspension or revocation, the permittee may continue to operate to the same extent as immediately prior to the denial, suspension or revocation until the earlier of:
A. the expiration of the thirty (30) day appeal period without filing an appeal; or
B. the date of a decision dismissing an appeal by a court of competent jurisdiction,
Section 9. Regulations Pertaining to Exhibition of Sexually Explicit Films, Videos or Live Entertainment
Viewing Rooms
9.01.1 A person who operates viewing booths shall comply with the following:
A. The person’s application must show a diagram of business layout. The diagram should be well constructed, sufficiently detailed and drawn to scale and demonstrate conformity to all sections D through L below.
B. The applicant shall be sworn to be true, and all drawings shall be notarized and sworn.
C. It is the duty of licensee to ensure that at least one (1) employee is on duty on the premises at all hours the business is open.
D. The Employee’s station must have full view of the interior premises.
E. Only one (1) person at a time is permitted in each viewing room.
F. The premises must be well lit.
G. All lighting must be maintained.
H. There shall be no opening between viewing rooms or booths, and no opening shall be allowed to be made between booths or viewing rooms.
I. The licensee shall inspect walls each day for openings and seal any openings found.
J. There shall be no rugs or carpets placed in the viewing rooms.
K. All walls and floors shall be constructed of nonporous, easily cleanable material.
9.01.2 A person having a duty under subsection (A) through (K) above commits a violation of this Ordinance if he/she knowingly fails to fulfill that duty.
Section 10. Prohibition Against Children in a Sexually-oriented Business
10.01.1 A person commits a violation of this Ordinance if the person knowingly allows a person under the age of eighteen (18) years on the premises of a sexually-oriented business.
Section 11. Exemptions
11.01. It is a defense to prosecution under Section 1.02.4 and Section 1.04 that a person appearing in a state of nudity did so in a modeling class operated:
A. by a school, licensed by the Commonwealth of Pennsylvania, a college, junior college; or
B. by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university; or
C. in a structure:
1. which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
2. where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and
3. where no more than one (1) nude model is on the premises at any one time.
Section 12. Enforcement
The Borough of Edinboro Code Enforcement Officer is hereby authorized and directed to enforce the terms of this Ordinance.
Section 13. Penalties for Violation
Any person or entity committing any act(s) prohibited herein shall violate this Ordinance. Whoever violates this Ordinance, either by commission of a public indecency, or as a property owner, proprietor, manager of a business or similar establishment who permits, promotes or allows the violation of this Ordinance, shall be guilty of a summary offense, and upon conviction, shall be sentenced to pay a fine of not more than one thousand dollars ($1,000.00) or be imprisoned for not more than ninety (90) days, or both. In any enforcement action, a person or entity found to have violated this Ordinance shall also be obligated within the judgment to pay all costs and attorney’s fees incurred by the Borough in the enforcement action. Each day a violation of this ordinance continues shall constitute a separate offense. Each violation of this ordinance shall constitute a separate offense, subject to the prescribed penalty for each violation.
Section 14. Severability
If any provision of this Chapter or the application thereof to any Person or circumstances is held invalid, such holding shall not affect the other provisions or applications of this Chapter which can be given effect without the invalid provision or applications, and to this end, the provisions of this Chapter are declared severable. All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed to the extent of such inconsistency.
Section 15. Effective Date
This Ordinance shall become effective five (5) days after final passage and approval by the Borough of Edinboro Council.
We do hereby certify that the above Ordinance was finally passed by the Council of the Borough of Edinboro this 28th day of February, 2005.
Ordinance 502, final reading passed by a 7-0 roll call vote: Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, yes; Mary Ann Horne, yes; Gregory Lucas, yes; Clifford Allen, yes; and H. Robert Cannell, yes.
Jean Davis explained they would be working on the Shade Tree Ordinance and Sign Ordinance next.
Personnel Committee: Clifford Allen requested an executive session at the end of the meeting to give an update on the Manager search. He also informed Council that he met last Wednesday with Phil Scrimenti of the Governor’s Center for Local Government Services. They had the tabulation of the applications listing their qualifications. He had notified Marie Lander to schedule the interviews on March 1-3 starting at 6:30 P.M. The committee would meet on March 1, 2005 at 6:00 P.M. to review the process before the first interview.
Public Safety Committee: Christopher Gillette reported they met February 16, 2005 regarding a grievance, which they dismissed. They also reviewed another complaint and the procedure to take witnesses to hearings. Tonight, before the Council meeting, they had met again to further discuss the grievance in the Police Department.
Streets, Buildings, & Grounds Committee: Greg Lucas reported that he had talked with Public Works Director, Tom Schruers regarding the bids before Council tonight. He also noted that new microphones were in Council Chambers and wondered if they could hear better. Mr. Cogan stated it was much better. He also discussed refurbishing the front entrance when the weather broke.
Correspondence from the Solicitor Marsh was in the packet for review including an update on the Edinboro Police Department/Campus Police Department jurisdiction issue, and the attorney’s letter to the Auditors regarding any pending or threatened litigation involving the Borough that may be material for financial disclosure.
Mayor Cannell stated they could discuss the pending Department of Environmental Protection (DEP) legal matters also in executive session later this evening.
Robert Cogan moved that Council instruct Solicitor Marsh to send a letter to the DEP just asking one question. “Would the DEP consider the following to be a Consent Decree?” Edinboro returns to the DEP, as its offer, exactly, word for word, the DEP’s settlement offer of December 10, 2004 with the exception of the addition of the paragraph below as a new last paragraph under Section 6 ‘Submission of Documents.’
Clifford Allen apologized for interrupting but requested that they should wait for the Solicitor’s opinion prior to making anything public. After we received the Solicitor’s instructions, we could move on.
Robert Cogan stated he has tried for thirteen months to get this done and he had gotten nowhere. Clifford Allen stated that they had turned the responsibility over to the Solicitor, and they all needed to come into compliance.
Robert Cogan stated then in connection with this that he would like to have the format of executive sessions changed. He had observed unhealthy dynamics of over an hour of the Manager, Solicitor, and Engineers talking and only five to seven minutes for Council to ask questions. When he asked about a consensus he was told they could perform no action in an executive session. He would like a different format where the Authority and Council meet without the experts and come up with questions and then meet with experts and request that they answer those questions only. Mr. Cogan stated that what happened in the last executive session was a disgrace and he would not attend if experts were dominating. Jean Davis stated that what the DEP would accept was only the December 10, 2004 document with no changes, so his question was moot.
They agreed to discuss this further in executive session at the end of the meeting.
The motion died for lack of a second.
Mayor Cannell introduced the bills for payment. Clifford “Kip” Allen moved for approval of the submitted bills totaling $92,046.50, and Mary Ann Horne seconded.
With no objections, the motion was approved by a 7-0 voice vote.
Mary Ann Horne moved and Jean Davis seconded to approve the payroll ending February 12, 2005 paid February 18, 2005, totaling $50,593.05. Mayor Cannell stated he felt this report was of no use to him and would like to go back to the old one with dollar amounts, if possible. With no further questions, the motion passed by a 7-0 voice vote.
Police: Reports were available for review. Mayor Cannell asked Police Chief Craft what schooling the dog went to for three (3) days. It was listed as January 13th, 19th and 20th. Chief Craft stated that the 19th and 20th were the annual 120 update classes for Officer Senz and the 13th was patrol or narcotic training for the dog.
Code/Planning/Zoning: The monthly report was available for review.
Dave Zamierowski, Secretary of the Edinboro Safety Committee, asked Council if it had any problems with providing inoculations for employees as outlined in his memo. Council, having no problem with following the Edinboro Employee Safety Manual in this regard, gave Mr. Zamierowski permission to continue with the process.
Public Works: The monthly report was available for review.
Water Dept.: The monthly report was available for review.
Community Development/Project Coordination: The monthly report was available for review.
Bids for the Thompson Park were opened on February 24, 2005 as follows:
NAME Bid “A” Bid “B” TOTAL BID
Russell Standard Corp, Fairview, PA $68,564.80 $24,817.37 $ 93,382.47
Norus Cross, Meadville, PA 66,989.00 32,050.00 99,039.80
Joseph McCormick Construction, Erie, PA 85,411.00 45,029.00 130,470.00
The Public Works Director’s memo outlined that funding for the renovation project was only $68,000.00, which was part Community Development Block Grant (CDBG) funds and money from John Evan’s office. This being the case, there were only enough funds for “Bid A”. Although Norus Cross was the low bidder on Bid A, Russell Standard Corp was the low bidder with the “lowest total bid”, which is the wording the Engineers used on the bid specifications. The difference of the two bids is $1,575.80. Due to the wording of the bid specifications, Mr. John Patterson of Lake Engineering recommended reconstruction of the Basketball Court for the price of $68,564.80.
Greg Lucas moved and Robert Cogan seconded awarding the bid to Russell Standard for the Bid Section A(Basketball Courts) with the condition there is no conflict with the John Evans grant with not being able to also do Bid Section B. The motion passed by 5-0 voice vote. It was agreed to have the Mayor accept only after he investigated to make sure of no conflict in getting the grant from Representative Evan’s office.
Also bids were opened for the Edinboro Bathhouse on February 24, 2005 as follows:
NAME BID ALT 1 TOTAL
Considine Biebel & Co $102,000 $2,000 $104,000
Eriez Construciton 103,000 4,500 107,500
Robert L. Marz, R.A. of Roth Marz Partnership P.C. recommended after review of the bids to accept and award the bid to Considine Biebel & Co with Alternate 1, cement board in lieu of drywall, for a total of $104,000.00
Greg Lucas moved to award the bid contract for the bathhouse to Considine Biebel & Co. for $102,000 plus Alternate #1 for $2,000 for a total award of $104,000. Jean Davis seconded the motion, and the motion passed by 6-0-1 voice vote, with Christopher Gillette abstaining.
Discussion followed on the letter of February 25, 2005 from Roth Marz requesting a change order to the bathhouse in the amount of $3,468.00 to cover the cost of redesign and bidding the third time. After much discussion, Greg Lucas moved to accept the change order on the bathhouse for $3,468.00 and Robert Cogan seconded. The motion passed by a 7-0 voice vote.
Articles from Council are needed for the recycling newsletter insert by March 20, 2005.
A Federal Aid Reimbursement Agreement was in the packets for consideration between Borough and PA Dept of Transportation for $357,256.00 in TEA-21 funds under the PennDOT Hometown Street & Safe Routes to School Program. This would be used toward Phase V of the downtown revitalization project along with CDBG funds. Mary Ann Horne informed Council that this was the grant Manager McFadden had found and worked out with Tom Schruers, Public Works Director, before giving it to our Project Coordinator, Vicki Coffin to apply for.
Christ Gillette moved adoption of Resolution 7-2005 as follows:
HOME RULE BOROUGH OF EDINBORO
RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
FOR ACCEPTANCE OF TEA-21 FUNDS
Resolution No. 7-2005
WHEREAS, the Home Rule Borough of Edinboro has plans to complete Phase V of its downtown revitalization project. This project will begin at the Route 99/Route 6N Intersection East to the end of the Borough of Edinboro’s business district just beyond the Copper Coin and the Trophy Shop on Route 6N (Waterford Street).
WHEREAS, the Home Rule Borough of Edinboro has been awarded $357,256 in TEA-21 funds under the Pennsylvania Department of Transportation’s Transportation Enhancement Act for assistance with Phase V development.
NOW, THEREFORE, BE IT RESOLVED, the Borough Council of the Home Rule Borough of Edinboro does hereby approve the acceptance of the TEA-21 funding;
BE IT FURTHER RESOLVED that the Borough Council of the Home Rule Borough of Edinboro does hereby authorize the Mayor and the Deputy Mayor to execute on behalf of the Home Rule Borough of Edinboro, three copies of the Federal-Aid Reimbursement Agreement between the Borough of Edinboro and the Pennsylvania Department of Transportation and have same delivered to the Commonwealth of Pennsylvania.
Adopted this 28th day of February, 2005.
Jean Davis seconded the motion and the resolution 7-2005 passed by unanimous roll call vote as follows: Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, yes; Mary Ann Horne, yes; Gregory Lucas, yes; Clifford Allen, yes; and H. Robert Cannell, yes.
Community Liaisons:
Chamber of Commerce: Mary Ann Horne reported she could not attend the kick-off of February 22, 2005, during which the Edinboro Chamber of Commerce publicly announced that it was becoming part of the Erie Chamber of Commerce and also placed a brochure rack in the Borough lobby.
EVFD Board Liaison: Robert Cogan reported that he attended the installation dinner with his wife and Mayor Cannell and his wife on February 19, 2005.
PLCM Local Group: Clifford Allen reported that the campus coalition had met and was sending out letters regarding training.
Washington Township Liaison: Jean Davis reported that they met and mostly discussed new subdivisions that did not pertain to the Borough.
Watershed Association: Mary Ann Horne reported that they met last Thursday night and were planning a meeting in April and a program regarding studies of the Lake during the second weekend of May.
Communications:
Correspondence from the Erie County 911 Task Force was available for review. Mary Ann Horne stated that the minutes showed no one represented the Borough. She moved to write a letter of support of the task force, and Christopher Gillette seconded, and the motion passed by a 7-0 voice vote.
Also received was information on the Erie County Association of Township Officials’ (ECATO) 2005 schools in March, a request from Construction Data Corporation to be on the bid list, and an Edinboro University of PA (EUP) news release.
A letter from the Washington Township Council regarding the vehicle insurance for the Edinboro Volunteer Fire Department (EVFD) was discussed. It was agreed to use the prior year’s tabulation of calls to get the estimated proportions out to each municipality in a more timely manner than waiting for the year end totals.
Clifford Allen asked if the university was also given an invoice with its percentage of calls to contribute toward the EVFD vehicle insurance. The Borough paid EUP’s portion presently, since it was located in the Borough, so it was agreed to send correspondence informing the university of its portion of the expense and requesting a contribution.
Also included was E.Charles Wunz’s response to Robert Cogan’s letter and e-mail of February 22, 2005.
Mayor Cannell reported that he received a letter from Northwest Savings Bank, which is interested in opening a facility in the Borough. The Mayor asked for Council’s approval to send a letter, a copy of which was included in the packets, in support of Northwest’s move to the Borough. He felt that Mary Ann Horne, liaison for the Chamber of Commerce, should see if the Chamber would also send a letter to Northwest Savings Bank. With no objections, the Mayor stated that he would send the letter along with a map of the Borough and Township.
Mayor Cannell presented information regarding the Joint Act 537 Sewage Facilities Plan Update Revision to Council. The public hearing would be March 7, 2005 at 7:00 P.M. in the Borough building and action would be taken on the Ordinance March 14, 2005, during Council’s regularly scheduled meeting.
Robert Cogan moved to accept Resolution 5-2005, and Greg Lucas seconded the resolution as follows:
Home Rule Borough of Edinboro
RESOLUTION No. 5-2005
WHEREAS, Council of the Home Rule Borough of Edinboro is responsible for having the Planning
Commission review the Single Joint Plan Act 537 Update Revision for the Borough
of Edinboro and Washington Township; and
WHEREAS, the Planning Commission has met with the Superintendent Kennerknecht, and received and
reviewed the proposed Single Joint Act 537 Plan Update; and
WHEREAS, the Planning Commission recommends adoption of the Single Joint Plan Act 537 Update
Revision for the Borough of Edinboro and Washington Township; and
WHEREAS, the Planning Commission also recommends that the following comments be considered:
1. the removal of sewage effluent from the head of Edinboro Lake is paramount;
2. the plan provides adequate sewage service to the region; and
3. plan 4a or 4b seems the most economically feasible plan to ensure regional service.
NOW, THEREFORE, BE IT RESOLVED that Borough Council assembled this 28th day of February, 2005 accepts the Borough of Edinboro Planning and Zoning Commissions recommendations and comments on the Single Joint Plan Act 537 Update Revision of the Borough of Edinboro and Washington Township.
The motion passed by a 7-0 roll call vote as follows: Clifford Allen, yes; Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, yes; Mary Ann Horne, yes; Gregory Lucas, yes; and H. Robert Cannell, yes.
Robert Cogan went on to move to adoption Resolution 6-2005 and Greg Lucas seconded.
Home Rule Borough of Edinboro
RESOLUTION No. 6-2005
WHEREAS, Council of the Home Rule Borough of Edinboro is responsible for having the Municipal
Authority of the Borough of Edinboro review the Single Joint Plan Act 537 Update Revision for
the Borough of Edinboro and Washington Township; and
WHEREAS, the Municipal Authority of the Borough of Edinboro has received and reviewed the proposed
Single Joint Act 537 Plan Update; and
WHEREAS, the Municipal Authority of the Borough of Edinboro recommends adoption of the Single
Joint Plan Act 537 Update Revision for the Borough of Edinboro and Washington Township; and
WHEREAS, the Municipal Authority of the Borough of Edinboro also recommends that the following
comments be considered:
1. the removal of sewage effluent from the head of Edinboro Lake is paramount;
2. the plan provides adequate sewage service to the region; and
3. plan 4a or 4b seems the most economically feasible plan to ensure regional service.
NOW, THEREFORE, BE IT RESOLVED that Borough Council assembled this 28th day of February, 2005 accepts the Municipal Authority of the Borough of Edinboro recommendations and comments on the Single Joint Plan Act 537 Update Revision of the Borough of Edinboro and Washington Township.
The resolution passed by a 7-0 roll call vote: Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, yes; Gregory Lucas, yes; Mary Ann Horne, yes; Clifford Allen, yes; and H. Robert Cannell, yes.
Robert Cogan reported that he was informed of a Borough Hall cleaning problem from residents and senior citizens who met the second and fourth Fridays of the month from 11:00 A.M. until 2:00 P.M. in the municipal building. They complained that the sidewalks and ramp were not cleared. They also stated that the woman cleaning was not supportive of their complaint. They also complained that the front stairwell was blocked for cleaning. He requested that the supervisor speak to the person about this problem. Mayor Cannell stated he talked to Tom Schruers, Public Works Director about this problem today, and he was aware of the problem and would take care of it.
Greg Lucas stated that it was mentioned in the Sunday paper that there were four Borough Council seats up for reelection, and he thought three current councilpersons were running, and he thought that Council might recruit for the opening so a capable individual would fill the seat. He stated that he had already recruited a few first-rate individuals for the Study Commission, who might be interested in the future.
EXECUTIVE SESSION:
Council was adjourned into executive session at 8:40 P.M. to discuss Personnel matters regarding the Manager search and to discuss pending DEP legal issues regarding EHB Docket No. 2004-17R.
EXECUTIVE SESSION ENDED: 9:40 P.M.
There being no further business before the Council, Mayor Cannell asked for a motion for adjournment.
Christopher Gillette moved for adjournment, and the meeting was adjourned at 9:41 P.M.
ATTEST:
_______________________________ _________________________________
Assistant to the Manager Marie Lander Mayor H. Robert Cannell
HIGHLIGHTS
February 28, 2005
· Payment of bills
· Minutes
· Payroll
· Resolution 5-2005 Accept Planning & Zoning recommendation and comments on Joint 537 Plan Update
· Resolution 6-2005 Accept Municipal Authority recommendation and comments on Joint 537 Plan Update.
· Resolution 7-2005 Federal Aid
· Resolution 8-2005 Amending Pension Investment Policy
· Adopted Public Indecency Ordinance 502
· Authorize Assistant to the Manager to prepare paperwork to join PLGIT CD Program
· Awarded bit for Thompson Park “A” only to Russell Standard contingent on no conflict in receiving John Evans grant funds
· Awarded bathhouse bid to Considine Biebel & Company with Alternate 1.
· Authorize signing of Federal Aid Reimbursement Agreement for TEA-21 Funds
·
POSTPONED
· Delaying Ordinance 514 indefinitely being reviewed by Ordinance Review regarding dumpsters.
·
UPCOMING MEETINGS:
· Hearing on Joint 537 Plan Update March 7, 2005 7PM
· EUP Invoice for portion of EVFD Auto insurance
· advertise synopsis of Ordinance 502 after adopted.
· Try to obtain PELRAS handouts
· Report back to Council after Meeting with Coaxial
· Investigate management fees regarding life guards
· Letter in support of 911 Task Force
· Mayor to send letter to North West Savings Bank with map
· Paperwork for PLGIT CD Program
· Complete Paperwork for Pitney Bowes Contract
· See about change in Payroll format to Council
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
February 28, 2005
7:00 P.M. Regular Meeting
I. Call to Order of the Regular Council Meeting by Mayor Cannell
II. Roll Call: Clifford “Kip” Allen ____, Bob Cogan ____, Jean Davis ____, Christopher Gillette ____, Mary Ann Horne ____, Greg Lucas ________, Mayor H. Robert Cannell ______, Manager _NONE___, Solicitor Marsh _ABSENT _, and Marie Lander, Assistant to the Manager ____.
III. Approval of Minutes
· CDBG Hearing & Regularly Scheduled Meeting, February 14, 2005
Action: Motion to approve minutes
IV Persons Requesting Time to Address Council
1. Finance Committee/Pension Committee/ Negotiation Committee - Mary Ann Horne
a) Police Contract
b) Committee Met Feb 28 1:30 p.m.- Report
c) Life Guard Contract
d) Pension
1) Amending Investment Policy – Resolution 8-2005
2) Authorize Mayor to sign Letter of Understanding with Fayez Sarofim & Co regarding Investment Policy
2. Ordinance Review Committee –Jean Davis
a) Public Indecency Ordinance 502 – Final Reading
1) Memo from Assistant to the Manager
2) Hearing – Mayor to take public input
3) Adoption of Ordinance 502 (roll call vote)
b) Codification – awaiting return from Penns Valley
c) Sign Ordinance
d) Grease Ordinance
e) Dumpster Ordinance 514 – Ordinance postponed for further review by committee
f) Noise Ordinance
g) Shade Tree Ordinance
h) Commercial
3. Personnel Committee – Kip Allen
a) Manager Search - interviews being scheduled
4. Recreation/Lake/Environment – Kip Allen
5. Public Safety – Chris Gillette
a) Report on meeting February 16, 2005 - Recommendation
6. Street, Buildings, and Grounds – Greg Lucas
7. Committee of the Whole -
B. Solicitor's Report:
1. DEP V. Edinboro Commonwealth Court Docket No. 835 M.D. 2003
2. Edinboro v. DEP, EHB Docket 2004-016R - Appeal of the ban letter
Consolidated with Edinboro v. DEP, EHB Docket No. 2004-017-R, Appeal of Undated Assessment
a) Correspondence from Solicitor – FYI
b) Correspondence from HRG in response to Dr. Robert Cogan - FYI
3. Bulk WWCT agreement with Washington Township -FYI
4. Edinboro Police & EUP Police
a) Feb 14 Attorney Marsh letter with update
C. Management's Report:
1. Assistant to the Manager Report
a)
2. Finance –
a) Authorization to approve bills to be paid February 28, 2005
Action: Motion to approve bills totaling $
b) Authorization to approve payroll
Action: Motion to approve payroll ending February 12 , 2005, paid February 18, 2005, totaling $ 50,593.05
c)
3. Personnel
a)
4 Public Safety
Emergency Management
Emergency Medical Service (EMS)
EVFD
d) Police – Monthly Reports
e.) Employee Safety Committee
5. Code Enforcement/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
8. Water System – Monthly Report
9. Community Development/Project Coordination – Monthly Report
a) Thompson Park Bids (3) opened Feb 24, 2005
1) Engineer John Patterson’s review
2) Award Bid
b) Edinboro Bathhouse Bids (2) opened Feb 24, 2005
1) Architect Roth Marz’s review
2) Award Bid
c) Recycling Newsletter to be mailed early April 2005 – Council’s insert articles need to be ready for print by March 20th ARTICLES NEEDED
d) CDBG & PennDOT Hometown Street & Safe Routes to School Program -- Phase V downtown Revitalization Project
1) Authorize signing of Federal Aid Reimbursement Agreement between Borough & PA Dept of Transportation for $357,256 in TEA-21 funds(not a grant): Resolution 7-2005 (roll call vote)
e) ALERT – Federal Government contemplating elimination of CDBG program
D. Community Liaisons
1. Public Relations/Cable TV - Bob Cannell
2. Chamber of Commerce – Mary Ann Horne – Kick off 2/22 brochure rack
3. Environmental Shade Tree Advisory Committee – Mary Ann Horne
4. Erie County Borough – Bob Cogan
5. Erie County Planning Liaison – Chris Gillette
6. EVFD Board Liaison – Bob Cogan
7. PLCM Campus Community – Bob Cannell
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) “TO DO LIST” of Management – Council Committees assigned to assist in Manager’s absence as needed. - update
A. 911 Task Force correspondence
B. ECATO 2005 schools – FYI
C. Washington Township – regarding Vehicle Insurance for EVFD
D. Construction Data Corp – request to be on bid list – FYI
E. EUP news release – FYI
F. Letter from HRG in reply to letter and email of February 22, 2005 regarding the proposed consent decree.
A. Joint Act 537 Sewage Facilities Plan Update Revision –
1. Accept Planning Commissions review & comments
a) Resolution 5-2005 (roll call vote)
2. Accept Municipal Authority review & comments
a) Resolution 6-2005 (Roll call vote)
3. Hearing March 7, 2005 7 p.m. in Borough building;
4. Advertisement of Action on Ordinance Monday March 14, 2005
VIII. Adjournment
REMINDERS:
Finance Committee February 28, 2005 1:30 p.m.
Council Meeting February 28 7:00 p.m.
2005 Council Meeting Schedule:
February 28, March 14, March 28, April 11, April 25,
May 9, May 23, June 13, June 27, July 11, July 25, August 8, August 22,
September 12, September 26, October 10, October 24, November 7, November 21,
December 5 at 7 p.m.
and December 19 @4:30 p.m.
REMINDERS:
February 28, 2005
Finance Committee
1:30 p.m.
Council Meeting
7:00 p.m.
2005 Council Meeting Schedule:
February 28, March 14, March 28, April 11, April 25,
May 9, May 23, June 13, June 27, July 11, July 25, August 8, August 22,
September 12, September 26, October 10, October 24, November 7, November 21,
December 5 at 7 p.m.
and December 19 @4:30 p.m.
©Copyright March 2005