HOME RULE BOROUGH OF EDINBORO

COUNCIL MEETING MINUTES

March 14, 2005

 

Call to Order:

Monday, March 14, 2005, the regularly scheduled meeting was called to order by Mayor H. Robert Cannell at 7:00 P.M 

 

Roll Call

The following Council members were present: Robert Cogan, Christopher Gillette, Mary Ann Horne, Greg Lucas, Jean Davis, and Mayor H. Robert Cannell.  Absent was Clifford Allen. Also in attendance were: Rob Kennerknecht, WWCT Superintendent; Attorney Ritchie T. Marsh; Tom Schruers, Public Works Director, and Marie Lander, Assistant to the Manager.  Guests included: Steve O’Neill, Kevin Kelley, and Ryan Smith of the Meadville Tribune.  

 

Minutes:

Mayor Cannell introduced the minutes from the regular Council meeting held February 28, 2005. Jean Davis moved for approval of the minutes, and Mary Ann Horne seconded.     The minutes were approved by a voice vote of 6-0.

 

Mayor Cannell then introduced the minutes of the Hearing on the joint 537 Plan Update of March 7, 2005.  Mary Ann Horne moved for approval of the minutes, and Jean Davis seconded.  The minutes were approved by a voice vote of 6-0.    

 

            Mayor Cannell deviated from the agenda to introduce Rob Kennerknecht, WWCT Superintendent, who was present to introduce the Joint 537 Plan Update and answer any questions. 

Mr. Kennerknecht noted that in the letter of March 14, 2005 from Herbert, Rowland & Grubic, Inc. (HRG), Charles Wunz advised Council of the material changes resulting from Steve Halmi’s (Washington Township Engineer) letters so that Council could comply with the intent of the Plan Adoption Ordinance, which said in part that they were adopting the Act 537 Plan “in the form and content” presented at tonight’s Council meeting.  It was also noted that none of these changes impacted the Borough.  The remainder of comments were minor and reflected minor wording changes.

 Mr. Kennerknecht also explained that the Borough changes included changing MD4 to MD1 and MD3 as was discussed at the Public Hearing March 7, 2005.  No rate increase is scheduled for 2005, but in 2006 with project and the Department of Environmental Protection (DEP) civil assessments, rate hikes may be necessary or it might be possible to secure financing of $400,000.00 over several years. 

Mayor Cannell asked Mr. Kennerknecht his thoughts on the plan.  Mr. Kennerknecht stated that it was implement able.  Mayor Cannell thanked Mr. Kennerknecht and the committee as well as the Authority for all the work they had done on this plan.

Jean Davis moved to accept Ordinance 522 as follows:

 

ORDINANCE NO. 522 OF 2005

HOME RULE BOROUGH OF EDINBORO

ERIE COUNTY, PENNSYLVANIA

 

BE IT ORDAINED AND ENACTED by the Council of the Home Rule Borough of Edinboro, Erie County, Pennsylvania, to adopt an official ACT 537 PLAN for the Home Rule Borough of Edinboro.

 

WHEREAS, the Borough Council of the Home Rule Borough of Edinboro (the “Council) authorized the preparation of an Official Sewage Facilities Plan (“Plan”) for the Home Rule Borough of Edinboro; and

 

WHEREAS, Herbert, Rowland & Grubic, Inc., was selected as the consultant to assist the Council in the preparation of the Plan; and

 

WHEREAS, pursuant to the regulations of the Pennsylvania Department of Environmental Protection (the “Department”), the Council advertised the preparation of the proposed Plan and provided a 30-day public comment period for such Plan; and

 

WHEREAS, the Home Rule Borough of Edinboro Council provide a copy of the proposed Plan to the Home Rule Borough of Edinboro Planning Commission, Municipal Authority of the Borough of Edinboro, Erie County Department of Health, and Erie County Planning Commission for review in accordance with the regulations of the Department; and

 

WHEREAS, Council desires to adopt the proposed Sewage Facilities Plan as Home Rule Borough of Edinboro’s official Sewage Facilities Plan in accordance with the provisions and requirements of the Pennsylvania Sewage Facilities Act and the Regulations of the Department.

 

NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Council of the Home Rule Borough of Edinboro, Erie County, Pennsylvania, as follows:

 

Section 1.  Council adopts the official sewage facilities plan entitled “Single Joint Plan Act 537 Update Revision” March 2005, prepared by Herbert, Rowland & Grubic, Inc. in the form and content presented at this public meeting, as the official sewage facilities plan for Home Rule Borough of Edinboro in accordance with the Pennsylvania Sewage Facilities Act and the regulations of the Department.

 

Section 2.  The Plan as adopted by the Council shall include the following chapters and all charts, tables, diagrams, appendices, figures and textual matter contained there and appended thereto:

 

EXECUTIVE SUMMARY AND PRELIMINARY MATTERS

CHATPER 1 – PREVIOUS PLANNING AND LAND USE REGULATIONS

CHAPTER 2 – DESCRIPTION OF PLANNING AREA

CHAPTER 3 – EVALUATION OF EXISTING WASTEWATER FACILTIES

CHAPTER 4 – FUTURE GROWTH AND DEVELOPMENT

CHAPTER 5 – ALTERNATIVES TO PROVIDE NEW OR IMPROVED WASTEWATER

                         DISPOSAL FACILITIES

CHAPTER 6 – EVALUATION OF ALTERNATIVES

CHAPTER 7 – INSTITUTIONAL EVALUATION

CHAPTER 8 – SELECTED WASTEWATER TREATMENT ALTERNATIVES

EXHIBITS

APPENDICES

 

Section 3.  The Council adopts the following recommendations set forth in the Plan as the alternatives of choice that shall be implemented by the Home Rule Borough of Edinboro through the Home Rule Borough of Edinboro or the Municipal Authority of the Borough of Edinboro upon approval of the Plan by the Department in accordance with the implementation schedule set forth in Chapter 8 of the Plan:

 

Alternatives MD-1 and MD-3

 

It is understood that Washington Township intends to adopt Subalternative 2B.  The Borough does not object to that adoption.

 

 

Section 4.  This ORDINANCE shall become effective and be in force immediately.

 

THE HOME RULE BOROUGH OF EDINBORO COUNCIL, HEREBY ORDAINS AND ENACTS THIS 14th, DAY OF MARCH, 2005, in a lawful session duly assembled.

 

Mary Ann Horne seconded the motion and a roll call vote followed:  Clifford Allen, absent; Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, yes; Mary Ann Horne, yes; Gregory Lucas, yes; and H. Robert Cannell, yes.  The ordinance was approved by a 6-0 vote.

 

Public Participation:

Because no one requested time or was interested in speaking, the Mayor moved on to Committee Reports.

 

OLD 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. 

            The police contract was approved piece by piece with give and take.  Council had the agreement for over a month while they worked out wording for health care after retirement and corporal salary and opt-out insurance.  Mayor Cannell stated he thought they would have met and discussed this package and have a total cost of the added three (3) years with four (4) new holidays, wage increases, and K-9 costs.  Mary Ann Horne reported that everyone knew about the wages, and the K-9 was the same as last year, but just wasn’t described in the contract before.       Robert Cogan stated that the Mayor was having an ongoing debate over costs with the Finance Committee, and he should see about PELRAS reviewing the contracts and comparing.  Mr. Cogan felt it was a good idea to get total costs of contract and Council should instruct the Finance Committee if that is what they want done.  The PELRAS and PA Economy League do studies as an independent 3rd party.  Mary Ann Horne stated that our Borough Manager researched this information and it was to be signed December 31, 2004 and then extended to January 31, 2005 and this is the 2nd week of March.  Jean Davis moved to adopt the Articles of Agreement between Edinboro Council, Edinboro, PA and Edinboro Police Bargaining Unit dated January 1, 2005 to December 31, 2007 retroactively.  Mary Ann Horne seconded the motion and discussion followed.  Jean Davis informed everyone that they know the costs back when the 2005 budget was being prepared and wages 3%, health care costs, shift differential, and holidays were all put in.  Ms. Lander thought the only one under budgeted was the shift differential.  Christopher Gillette asked how the holidays came about.  Mary Ann Horne stated these are the same holidays for all Borough employees.  Jean Davis added that they were still the lowest paid police force in the County.  Mayor Cannell asked if they could discuss this Thursday night in executive session or did Council wish to vote tonight.     Robert Cogan didn’t think they would gain anything in waiting unless the Mayor plans to get more information by Thursday.  He also agreed it was a good idea to get projections and increases in revenue to offset costs.  The roll call vote on the adoption of the agreement was:  Christopher Gillette, yes; Mary Ann Horne, yes; Gregory Lucas, yes; Clifford Allen, absent; Robert Cogan, yes; Jean Davis, yes; and H. Robert Cannell, yes.  The motion passed by unanimous roll call vote 6-0.

 

            The Finance Committee also met with Young Men’s Christian Association (YMCA) Sherri Meabon and Jim McElhaney regarding 2005 life guard contract.  Back when the contract was initiated the management fee was $3,000 and wages $15,000 and we have decreased the hours and locations of the life guards to $7,000 but the management fee was never lowered.  They informed us that could not change the agreement, but someone in Erie finance office makes them out and they would find out tomorrow, if it could be changed.  Mayor Cannell stated if they still say no to try sending a letter directly to Erie.

On April 14 the Auditor General’s office did an audit of the Liquid Fuels and State Fund and found no problems.  The appointed auditors will be here April 4th at 6:30 p.m. to review the annual audit for 2004 with Finance and Council of the Whole.

Finance Committee has instructed Ms. Lander to send information to Trolling Consulting Group for a no cost evaluation of the Pension funds. 

We have also found some money in a PNC CD since March 1985 making 2.35% interest and we have recommended to leave it there until maturity, March 2009.  

We also found out that the Mayor heard we would not be getting Gillespie Foundation funds for 2004 or in the future and will be $8,000 in the whole already.  The Gillespie Foundation funds are used for trees and parks in the Borough. 

The Mayor will be presented with the funds this Thursday at 11 a.m. at Turners Club for the downtown project.  Mayor Cannell stated he had asked Tom Schruers and Vicki Coffin to attend with him since they work on the downtown phase V project. 

Mary Ann Horne also reported that Ms. Lander had sent the university a letter regarding the EVFD auto insurance and their portion. 

She also talked to Vicki Coffin regarding the game courts and basketball courts. CDBG has over $24,000 in 2003 administration and after the 2005 CDBG is approved they could take the rehab funds and move to this project or if funds are left over from the bathhouse could also be used to finish them.  Attorney Ritchie T. Marsh when asked if they could just do one court when the contract stated basketball courts and game court and not and/or.  He agreed to review the contract if it was sent to him.

 

            Ordinance Review Committee:

            Jean Davis explained they had the Shade Tree Ordinance before them which they had worked on for a long time.  She presented it for the first reading as follows:

ORDINANCE NO. 523 OF 2005

HOME RULE BOROUGH OF EDINBORO

ERIE COUNTY, PENNSYLVANIA

 

BE IT ORDAINED AND ENACTED by the Council of the Home Rule Borough of Edinboro and it is hereby Ordained and Enacted by and with the Authority thereof as follows:

I.      Purpose

It is the purpose of this ordinance to promote and protect the public health, safety and welfare by providing for the regulation of the planting, maintenance and removal of trees, shrubs and other vegetation within the Home Rule Borough of Edinboro.

II.    Repealer

        All ordinances and parts of ordinances inconsistent herewith are hereby repealed.

III.   Definitions

“Person” shall mean any individual, partnership, company, association, corporation or other group or entity.

       

Public Works Department” shall mean the Home Rule Borough of Edinboro Public Works Department and any representative of that office specifically designated by the Borough Manager to carry out the responsibilities set forth in this Ordinance.

 

        “Substantial Injury” shall mean such injury and damage which endangers the                      continued life of any tree.

 

        “Top” or “Topping of a Tree” shall mean the cutting back of limbs to stubs larger than three (3”) inches in diameter within the tree’s crown to such a degree as to substantially remove the natural canopy.

 

        “Tree” shall mean a woody plant with one (1) main trunk which generally reaches twenty (20’) feet or more in height, at maturity, and shall not include shrubs or bushes.

 

“Within Borough Streets” shall mean any area within the right-of-way of a street or roadway officially accepted as a Borough street, open to and used for public travel within the Home Rule Borough of Edinboro.

IV.   Shade Tree Commission

        A.            Organization

        An advisory commission to be known as the Edinboro Shade Tree                                                           Commission is hereby created and shall continue to function until                                                            such time that it is revoked by ordinance.  This commission shall                                                          provide citizen input on tree issues.

        B.            Commission Membership

                        The Shade Tree Commission shall be composed of four (4) residents of                   the municipality, one (1) Borough Council member and one (1) alternate.                     The five (5) full members shall be voting members.  The alternate shall                                             attend each meeting but shall not vote unless filling a vacancy either on a                              permanent or temporary basis.

        C.            Terms of Office

                        1.             All citizen commission members shall be appointed by Borough                                                                Council.

                        2.             Commission members’ terms of office shall expire on the first                                                                     Monday in January following the last year of their terms of office.

                        3.             Duly appointed commission members shall serve a term of three                                                               (3) years, except that initial appointment shall be so staggered that                                                    the terms of approximately one third of the membership shall                                                                         expire each year.

                        4.             The Borough Mayor shall appoint one (1) representative from                                                                   Borough Council to the Shade Tree Commission.

        D.            Officers and Actions

                        Members of the commission shall elect a Chairperson, Vice-chairperson                                  and such other officers as they may determine necessary.  All officers                                                            shall be eligible for reelection.  The commission shall keep a written                                                               record of its meetings in accordance with the law.  The Commission shall                                        provide Council with minutes and annual or other reports of its activities                                                as may be requested or required.

        E.             Compensation

                        Commission members shall receive no compensation for their services,                                                   but may be reimbursed for the expenses actually and necessarily incurred                                           by them in the performance of their duties and have received prior                                                              approval of Borough Council and/or the Borough Manager.

        F.             Responsibilities and Duties

                        1.             The commission shall study and make recommendations to the                                                         Department of Public Works and to Council on all matters                                                                          affecting trees       within Borough streets, including ordinances                                                    and regulations for the placement, removal, care and protection of                                                    trees.

                        2.             The commission shall perform the following duties:

                                        a.             recommend policies, rules and regulations;

                                        b.             recommend an annual tree removal and replacement                                                                             program;

                                        c.             recommend programs to Borough Council on the types and                                                               locations of plantings on public property;

                                        d.             identify and inspect hazardous trees on public property and                                                              initiate corrective action;

                                        e.             maintain public trees;         

                                        f.              act as the agent for requests for memorial trees, including:

                                                        1)             arranging for delivery of the tree;

                                                        2)             approving the site for placement; and

                                                        3)             arranging for the construction and placement of                                                                                   the memorial plaque;

                                        g.             undertake such tasks as requested by Borough Council;

                                        h.             study site plans and significant building permit applications                                                              submitted to the Building/Planning/Zoning Administrator                                                                          and make recommendations for appropriate landscaping                                                                       prior to approval of said submissions.

V.    Authorized Activities

            A.        Tree Care Within Borough Streets

                        1.             The Borough shall have the right but not the duty to plant trees                                                               within Borough streets to preserve and to enhance the symmetry                                                                 and beauty of the Borough streets.

        2.                 The Borough shall have the right but not the duty to trim, maintain     

                            and remove trees, plants and shrubs within Borough streets which     

                   may be dead, diseased or in an unsafe condition or which may      

                   interfere with or cause harm to sewers, water lines, and other         

                                        public utilities, or to public improvements; which may pose a    

                                        hazard to traffic or pedestrians; which may interfere with traffic                                                                 control devices or street lights; which have been damaged by storm                                                              or other occurrence; or which in any other manner may pose a

                                        threat to the public health or safety.

                        3.             Except with respect to trees which have been planted by the                                                                      Borough, the Borough shall make reasonable efforts to provide                                                          the owner of adjacent property with notice of its planned                                                                    action with respect to trees and shrubs within Borough streets.

                     4.                In the event the Borough engages in maintenance activities under this Ordinance with respect to trees within Borough streets, the property owner or possessor shall not be liable for the costs                incurred with respect to any tree unless enforcement proceedings have previously been instituted by the Borough under Section VIII of this Ordinance with respect to a violation of Section VII.

                        5.             The Borough may upon such notice as may be provided by                                                               ordinance, require owners of property to cut and remove plants,                                                               shrubs and trees, afflicted with Dutch Elm or other disease, which                                                   threatens to injure of destroy plants, shrubs and shade trees in the                                                  Borough.  Upon failure of any such owner to comply with such                                                        notice, the Borough may cause the work to be done by the                                                                        Borough and levy and collect the cost thereof from the owner of                                                               the property.  The cost of such work shall be a lien upon the                                                                        premises from the time of the commencement of the work.  Any                                                         such lien may be collected by action in assumpsit or by lien filed in                                                          the manner provided by law for the filing and collection of                                                                      municipal claims.

B.                               Obligations of Owners

                        It shall be the obligation of the owner to:

                        1.             trim and prune trees so that no part of limbs, branches or                                                                            foliage shall have a clearance of less than eight (8’) feet above the                                                                surface of the sidewalk or of less than fourteen (14’) feet above                                                   the surface of the roadway, street or alley;

                        2.             remove and dispose of tree trimmings properly;

  3.             trim and remove dead, diseased, broken and decayed limbs and                                branches from trees within Borough streets which constitute a                                    hazard to sidewalk pedestrians, street traffic or to the public                                       generally;

                        4.             remove from within Borough streets all dead, diseased or such                                                  other trees, including stumps, which constitute a hazard to the                                                                               public by reason of diseased or other dangerous condition.

        C.            Responsibilities of Public Works Department

1.           The Public Works Department in cooperation with the Tree                                                         Commission shall develop and establish regulations for the various                                                 classifications of trees, and the planting maintenance, protection                                      and removal of trees within the Borough streets.  These regulations                                         shall be effective upon approval by resolution of Borough Council.                                  These regulations may be changed from time to time in accordance                               with this procedure.

                        2.             The Public Works Department shall also be responsible for                                                                administering the provisions of this Ordinance and for enforcing                                                              the regulations and provisions of this Ordinance.

All activities required by this section shall be conducted in accord with the requirements adopted by this Ordinance and all applicable regulations hereunder.

VI.   Permits

        A.            A permit shall be required for:

                        1.             removing any tree within Borough streets;

                        2.             the application of chemicals or other treatments on trees within                                                                 Borough streets; or

                        3.             commercial tree trimming

        B.            Permit Application

                        A written application together with such fee as may be established from                                                 time to time by resolution of Borough Council, shall be submitted to the                                    Public Works Department.  The application shall contain the following                                                  information:

                        1.             name, address and phone number of the applicant;

                        2.             location and description of property on which activity requiring                                                               permit is to occur;

                        3.             owner(s) of the specified property if different from applicant;

                        4.             a description of activity to be undertaken including all relevant                                                                 details including a description of trees affected, their location with                                                                respect to streets, property lines, sidewalks and structures, types of                                                           chemicals or other matter to be applied, persons doing the work,                                                         and any other information requested by the Public Works                                                                  Department and reasonably necessary to determine whether a                                                                   permit should be issued;

 

                        5.             for persons engaged in multiple tree trimming, cutting, pruning and                                                          removal activities for a fee or as a business, the applicant shall be                                                   required to demonstrate possession of liability insurance covering                                                        the activities involved in minimum amounts of one million dollars                                                     ($1,000,000.00) for each occurrence.

        C.            Permit Issuance

                        A permit shall only be issued after the Public Works Department                                                              determines that the trimming or cutting down of a tree or                                                                                 application of chemicals or other matter or activity involving a tree or                                                         trees within a Borough street will be performed in accordance with the                                            regulations promulgated and adopted pursuant to the provisions of this                                                         Ordinance and will not be detrimental to traffic or to utility services in or                                                 about the street and will not otherwise be detrimental to the public health,                                                 safety and welfare.

VII.  Prohibited Activity

        A.            It shall be unlawful:

                        1.             to cut down or top or cause to be cut down or topped any tree                                                                within Borough streets without a permit issued by the Public                                                                         Works Department pursuant to and in accordance with the                                                                                provisions of this Ordinance;

                        2.        to plant or cause to be planted any tree within Borough streets                                                                 except in accordance with spacing requirements set forth in                                                                           the Borough of Edinboro Rules and Regulations, which are                                                                           attached hereto and incorporated herein, which establishes required                                             distances from other trees, street intersections, fire hydrants, curbs,   

                                        sidewalks, underground water, sewer or other utility and overhead          

                                        utility wire, cable or facility as measured from the main tree trunk                                                              based upon classification of trees by species and size as set forth in                                                           the regulations adopted in accordance with this Ordinance;

                        3.             for any person engaged in multiple tree trimming or tree removal                                                               activities to trim any trees within Borough streets without a permit                                                    issued by the Public Works Department pursuant to and in                                                                       accordance with the provisions of this Ordinance, and for any such                                                 person to conduct such activities in any manner which is not in                                                        conformity with regulations adopted by Borough Council in                                                                      accordance with the provisions of this Ordinance;

                        4.             to apply chemicals in the nature of fungicides or pesticides to trees                                                         within Borough streets without a permit issued by the Public                                                                         Works Department pursuant to the provisions of this Ordinance                                                     and except in accordance with applicable federal or state laws,                                          rules and regulations relating thereto;

                        5.             to fasten ropes, wires, cables, electric attachments, signs or other            

                            devices to a tree within Borough streets without a permit issued by    

                                        the Public Works Department pursuant to the provisions of this              

                                        Ordinance, and except in conformity with regulations adopted by                                                             Borough Council in accordance with the provisions of this                                                                                 Ordinance;

                        6.             to cut or disturb roots, to obstruct free access of air and water to                                                              roots, to maintain fires in close proximity to trees, or to undertake                                                     demolition or construction work without protecting or guarding                                                                nearby trees, where such activity is likely to cause substantial                                                          injury or destruction of a tree within Borough streets.

 

        B.            Declaration of a Public Nuisance

                        Any tree within the Borough which causes a hazard to sidewalk                                                               pedestrians, street traffic or to the public generally by reason of its dead or                                     diseased condition, or dead, diseased, broken or decayed limbs or                                                          branches, or limbs, branches or foliage which hang into the path of street                                       traffic or persons using sidewalks shall constitute a public nuisance and be                                           subject to correction or abatement as is generally provided for the                                                      abatement of public nuisances at the sole cost and expense of the owner                                                  of the subject property.

VIII.                Violations, Remedies and Penalties

        A.            Violations

                        1.             Any person who shall violate or fail to comply with the

                                        requirements of obligations set forth in Sections V, B and Section                                                            VII above shall be served with a written order issued by the Public                                                     Works    Department requiring such action as appropriate to correct                                                  a hazardous condition or a condition in violation of this Ordinance                                                  or regulations promulgated pursuant to this Ordinance.

                        2.             The subject orders shall, except in the case of emergency or                                                                      eminent hazard to the public health or safety, require correction of                                                  the hazardous condition or violation within a period of not more                                                       than thirty (30) days.

        B.            Remedies

                        1.             Any person who is aggrieved by any order issued by the Director                                                           of Public Works pursuant to this section may appeal the order to                                                      the Shade Tree Commission by filing a written notice of appeal                                                            with the Chairperson of the Shade Tree Commission within ten                                                         (10) days of the date of the subject order or notice and said                                                                       commission shall then conduct a hearing within ten (10) days of                                                      receipt of the written appeal in accord with the Pennsylvania Local                                                     Agency Law to determine whether the order was properly issued                                                     and whether the appellant is entitled to relief from the order.

                        2.             The decision of the Shade Tree Commission shall be made in                                                                     writing within five (5) days of the scheduled hearing date.  Any                                                     person aggrieved by the decision of the Shade Tree Commission                                                             may appeal the order to Borough Council by filing a written notice                                                   of appeal within ten (10) days of receipt of the written findings of                                                             the Shade Tree Commission.  The decision of Borough Council is                                                           final and not subject to appeal.

                        3.             In the event a person fails or refuses to comply with any order of                                                             the Public Works Department which is not subject to continuing                                                             appeal as provided by this Ordinance or by general law or                                                                  otherwise fails to correct any prohibited condition or to cease any                                                                 continuing violation, then the Borough may take one or more of                                                       the following actions:

                                        a.             revoke any permit issued pursuant to the provisions of this                                                               Ordinance;           

                                        b.             correct or remedy the subject condition or violation at the                                                                  cost of the property owner or other person responsible for                                                                         the violation or subject condition.  This cost   together with a                                                                     reasonable administrative fee shall be paid by the property                                                                         owner or other person responsible for the violation or for                                                                   failing to take any action required by this Ordinance;

                                        c.        should any property owner or other person responsible for                                                                        the subject condition or violation fail to pay the cost of any                                                corrective action together with the administrative fee        

                                                        authorized herein, such costs may be assessed against the       

                                                        subject premises and the owners thereof and collected as a       

                                                        municipal lien or collected otherwise as permitted by law;

                                        d.             institute a summary proceeding before the District Justice                                                                  for imposition of a penalty as provided for under Section

                                                        VIII, C hereafter;

                                        e.             proceed with an action as permitted by law for any other                                                                    appropriate relief at law or in equity.

        C.        Penalty

                        Any persons who shall violate the terms of this Ordinance shall, upon

                        summary conviction thereof before a District Justice, be sentenced

 to pay a fine not to exceed five hundred dollars ($500.00).  Each day                                   during which any violation is continued shall be deemed to be a separate               offense.

IX.   Severability

Should any section, part or provision of this Ordinance be declared by appropriate authority to be unlawful or unconstitutional, all other terms, conditions, provisions and parts hereof, and of any Code of which this Ordinance may be or may be considered to be part, shall continue in full force and effect as if the provision declared to be unlawful or unconstitutional had been omitted as of the date of final enactment hereof.

 

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

 

            Jean Davis moved to accept the Rules & Regulations of the Shade Tree Committee as follows:

 

HOME RULE BOROUGH OF EDINBORO

RULES AND REGULATIONS

 

FOR PLANTING, TRIMMING, CARE AND PROTECTION OF TREES IN

OR EXTENDING OVER BOROUGH STREETS PURSUANT TO ORDINANCE NO. 523 OF THE CODIFIED ORDINANCES OF THE HOME RULE BOROUGH OF EDINBORO.

 

The following Rules and Regulations for planting, trimming, care and protection of trees within City streets are adopted by the Council of the Home Rule Borough of Edinboro pursuant to and in accordance with Section V of Ordinance No. 523 of the Codified Ordinances of the Home Rule Borough of Edinboro.

I.              General Requirements

A.            All persons performing activities regulated under Ordinance No. 523 of the Codified Ordinances of the Home Rule Borough of Edinboro entitled  The Shade Tree Ordinance, and relating to the planting, cutting down or trimming of trees within Borough streets and applying chemicals or devices to trees within Borough streets and affecting the health of trees within Borough streets, shall comply with these rules and regulations as applicable.

B.            All persons performing activities pursuant to a permit issued pursuant to

                Ordinance No. 523 of the codified Ordinances of the Borough of                                               Edinboro entitled the Shade Tree Ordinance shall comply with these rules                    and regulations as applicable.

C.            Fees shall be paid to the Home Rule Borough of Edinboro for issuance of permits as required by Ordinance No. 523 of the Codified Ordinances of the Home Rule Borough of Edinboro in an amount to be set by resolution by Council:

II.            Pruning and Removal Specifications

                A.            Specific Requirements Pertaining to the Pruning of Trees

                                1.             Authority to prune or trim trees within Borough streets shall not

include the cutting back of sound, healthy tree branches outside the stated purpose of the permit issued.

                                2.             All dangerous deadwood and all broken limbs or other defective

                                                tree parts which constitute a hazard to the health of the tree, to

                                                public safety or to property shall be removed.

3.             Tree branches shall be removed and controlled in such a manner as not to cause damage to other parts of the tree or to other plants, people or property.

4.             All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately after completing work in

                                                such a tree and prior to being used on any other tree.

                                5.             All cutting tools and saws used in tree pruning shall be kept

                                                adequately sharpened to assure clean cuts without jagged edges.

6.             When tree pruning all cuts are to be made to a side branch (lateral), at least 1/3 diameter of the branch being cut where feasible.

                                7.             Whenever removing branches too large to hold securely in one

                                                hand during the cutting operation, such branches shall be cut off

several inches beyond the intended final cut.  Final cuts shall then  be made in a manner to prevent any unnecessary tearing of the bark and wood.

8.             All final pruning cuts shall be made sufficiently close to the trunk or parent limb, without cutting into the branch collar or leaving a protruding stub, so that closure can readily start under normal conditions.  Clean cuts shall be made in all cases.

                B.            Standards of Workmanship for Pruning and Removal

1.             The use of climbing spurs or spikes shall be permitted only in the process of removing a tree.

2.             Public trees or poles in the public right-of-way shall not be used as an anchor for any mechanical device or any process for any reason.

3.             Under no circumstances, when in the process of removing a tree or any part of a tree, shall the work site be left unattended unless the tree and its branches are in a safe condition.

                                4.             Unless the tree work area is totally barricaded or otherwise kept

                                                safe while pruning or removing trees, at least one (1) responsible

worker shall serve to coordinate safe operating on the ground at all times when work operations are in progress.

                                5.             Under no condition shall it be considered proper to leave any

                                                severed or partially cut branches in the upper portion of any tree

                                                being worked on after the tree workers leave the scene of the

                                                operation.

                                6.             Whenever large tree sections are being cut which may endanger

                                                person or property, such materials shall be secured by ropes and

                                                lowered safely in a controlled manner.

                                7.             Cleanup of branches, logs or any other debris resulting from any

                                                tree pruning or removal shall be promptly and properly

accomplished.  The work area shall be kept safe at all times during the cleanup operation.  Under no condition shall the accumulation of brush, branches, logs or other debris be allowed upon a public property in such a manner as to result in a public hazard.

8.             All removal of public trees shall be done in a manner so that the remaining stumps will be left as close to ground level as possible.  If stump removal is required, the stump shall be ground at least  eight (8) inches below ground level or removed intact.

9.             Excavations resulting from tree or shrub removal must be properly filled in to conform to the surrounding ground level with a clean earth fill lightly compacted and free of debris.  Surface material shall be restored to match adjacent material.

                C.            Authorized Types of Tree Pruning

                                Authorized types of tree pruning follow the National Arborist                                                   Association’s Pruning Standards for Shade Trees and are summarized                                              below:

                                1.             Class I – Fine Pruning

Fine pruning shall consist of the removal of dead, dying, diseased, decayed, interfering, objectionable, obstructing, and weak branches, as well as selective thinning to lessen wind resistance. The removal of such branches is to include those on the main trunks, as well as those inside the leaf area. 

                                2.             Class II – Standard Pruning

                                                Standard pruning shall consist of the removal of dead, dying,

diseased, decayed, interfering, objectionable, obstructing and weak branches as well as selective thinning to lessen wind resistance. The removal of such described branches is to include those on the main trunks, as well as those inside the leaf area. 

                                3.             Class III – Hazard Pruning

                                                Hazard pruning shall consist of the removal of dead, diseased,

decayed and obviously weak branches, two inches (2”) in diameter  or greater.

                                4.             Class IV – Crown Reduction Pruning

                                                Crown reduction pruning shall consist of the reduction of tops,                                                sides or individual limbs.  It involves the removal of tops of a                                                              parent limb or dominant leader at the point of attachment of a                                                               lateral branch.  This practice is to be undertaken only for the                                                                 following reasons:

                                                a.             in situations where branches interfere with utility lines;

                                                b.             when there has been significant crown dieback;

                                                c.             in cases where, due to storm damage or prior incorrect

pruning, it is appropriate to prune for safety and aesthetic reasons.

III.           Chemical Application Specifications

                A.            General Specifications

                                1.             Applicators applying chemical pesticides to public trees shall

                                                adhere to all federal and state laws and regulations pertaining to

                                                pesticides and their application.

2.             All work pertaining to the treatment of trees for insect, disease or other pests shall be completed by a person/persons with a current                  Pesticide Application License, and proof of license shall accompany the Borough permit application.

3.             The pesticide applicator shall know and understand the capacities and safety precautions of those materials used by either himself/herself or his/her employees and be aware of those

                                                recommendations stipulated by the manufacturer.

                                4.             Ineffectual control, damage, injury or death to plants or adverse

                                             effects on animals or persons resulting from the use of materials

                                                beyond the limitation of the manufacturer’s guarantee shall be

                                                considered the responsibility of the licensed operator and his/her

                                                employee.

                                5.             Spray equipment shall be kept clean and in good working order.

6.             It shall not be permitted to perform chemical application with dirty or contaminated tanks or equipment.

                                7.             Operators shall properly dispose of excess chemicals, including

                                                rinse water, in accordance with federal and state laws and

                                                regulations.  Unsanitary or unsafe methods of washing out or

                                                draining tanks and equipment into public sewers and gutters is

                                                prohibited.

                                8.             No spray application shall be carried out when there is sufficient

                                                wind to make pesticide control ineffectual or create an overspray

                                                hazard to persons, plants or property.

                                9.             No spraying of pesticides shall be done when air temperature is

                                                less than forty (40) degrees Fahrenheit.

                           10.                All spray machines other than hand pump sprayers must have

                                                agitators capable of maintaining a uniform spray solution at all

                                                times when spray application is in progress.

                           11.                Adequate precautions shall be taken in all phases of chemical

                                                preparation and application in order to minimize the chances of

                                                toxicity or phytotoxicity to non-target species.

                B.            Specific Requirements Pertaining to Tree Injections

1.             Authorization by the Director of Public Works must be given prior to any injection of chemicals into Borough-owed trees.

                                2.             Injection hole size, spacing and timing of application will be

                                                according to product label and tree species.

3.             Injection holes should not be placed near wounds in the tree trunk,  such as knots, frost cracks, cankers, decay, etc.

                                4.             Holes shall be drilled as low on the trunk as feasible.

                                5.             Avoid vertical alignment of holes from previous treatments.

                                6.             Remove external fixtures as soon after treatment as the

                                                manufacturer and legal requirements allow.   

                                7.             If growth regulators are used, each stem of a multi-stemmed tree

                                                should be treated as a separate tree and any tree showing visible

                                                signs of decline or decay should not be injected unless permitted

                                                by the Director of Public Works.

8.             A record of trees injected shall be kept and turned into the Director         of Public Works upon the completion of work.  The record shall include the date, time of day and location that the tree or trees were              injected, the operator, chemicals used, size and species of tree, amount of chemical used and any other pertinent information.

IV.           Planting Specifications

                A.            Plant Material

1.             Plant material shall conform to the latest version of the American Standard for Nursery stock (ANSI Z60.1).  Plant material shall be of standard quality or better, true to name and type of their species or variety.

                                2.             Plants shall have normal, well developed branches and root

systems.  They shall be healthy, vigorous plants free from defects, decay, sunscald injuries, abrasions of the bark, insect pests and all forms of infestations.

3.             Balled and burlapped plants shall have solid balls of adequate size, with the balls securely wrapped with burlap or canvas, tightly bound with rope or twine.  Plastic twine or wrapping material is not permitted.

4.             The Director of Public Works or his designee shall be notified and have the right to inspect any trees before or after they are planted.

                                5.             Tree List

                                                Small                                      

                                                Flowering Crabapple (Var) 

                                                Hawthorn (Thornless)

                                                Serviceberry

                                                Amur Maple

                                                American Hornbeam

                                                Kousa Dogwood

 

                                                Medium

                                                Norway Maple (Cr. King)

                                                European Hornbeam

                                                Amur Corktree

                                                Flowering Pear

                                                Sargent Cherry

 

                                                Large

                                                Green Ash

                                                Honey Locust

                                                Linden

                                                English Oak

                                                Red Oak

                                                White Oak

                                                Sycamore

                                                Zelkova

                                                White Ash

                                                Hackberry

                                                Red Maple

                                                Pin Oak

                                                Additional trees may be added as new varieties and species                                                      become available and other conditions warrant.

                B.            Planting Methods and Techniques

1.             No plant pit shall be dug or approved until all underground electric or telephone lines, gas lines, water lines or any other improvement locations are checked in accordance with Act 172 of 1986 of the Commonwealth of Pennsylvania.

                                2.             Trees may not be planted less than forty (40’) feet from a public                                                street intersection or fifteen (15’) feet from a fire hydrant or ten                                            (10’) feet from a driveway or utility pole.  Actual tree locations                                           shall be approved by the Director of Public Works or his/her                                                     designee.

                  3.                           To plant or cause to be planted any tree less than the following

distances from curbs, sidewalks, underground water, sewer or              other utility facility, and overhead utility wire, cable or similar   utility facility, except that in some cases the Director of Public    Works may approve the planting of smaller species trees in tree lawns less than four (4) feet wide:

                                                Curbs and sidewalks                                small trees – 2 feet

                                                                                                                 medium trees - 3 feet

                                                                                                                      large trees – 4 feet

                                                Underground water, sewer or other  medium trees – 5 feet

                                                 utility facility                                              large trees – 5 feet

                                                Overhead utility cable, wire or similar    medium trees – 10 feet

                                                utility facility                                             large trees – 10 feet

4.             The spacing of street trees shall be as follows:  small trees – twenty-five (25’) feet; medium trees – thirty-five (35’) feet; large trees – forty-five (45’) feet; except in special plantings designed by a landscape architect and approved by the Director of Public Works.

5.             Every pit should be fifty percent (50%) wider and at least the depth of the soil ball or the full extent of the root system of bare root trees.  In the process of digging the pit, avoid “glazing” the sides of                  the hole.

6.             For all balled and burlapped, bare root and container plantings, the backfill should be of desirable structure, texture and ph to support vigorous plant growth.  The backfill shall be added and tamped firmly but not excessively around the ball or root system in twelve (12”) inch increments until full.

7.             Each plant should be centered and vertically aligned in the pit and set at the depth at which it was growing at the nursery.

8.             For all balled and burlapped stock, once it has been properly positioned in the pit, the burlap and twine shall be removed from around the trunk of the tree and removed or tucked down in the planting hole.  Plastic burlap or other synthetic materials shall be completely removed from the pit.  Tree baskets may remain on the root ball, but the top ring of all wire baskets should be removed.

9.             The soil in the planting hole shall be thoroughly soaked with water after planting.

10.                All tree and shrub plantings shall be mulched with four (4) inches of wood chips, coarse fibrous bark or other surface treatment as specified by the Director of Public Works.

                          11.                 Every evergreen tree in excess of six (6’) feet in height and any                                                 tree loose in the ball or ground shall be guyed securely.  The                                                            method shall be approved by the Director of Public Works.

12.                   For every plant moved with a tree spade, all space between the ball and surrounding soil shall be filled.  Trees shall be staked or guyed and mulched and watered immediately after transplanting.

                          13. When planting a tree that will be surrounded by an impervious                                                 surface, there shall be a minimum of forty (40) square feet of                                                               porous surface around the tree.  A lesser area may be provided if                                       approved by the Director of Public Works.

                C.            Planting Standards of Workmanship

1.             Plant material shall be handled in a manner so as to cause the least amount of damage during the planting process.  The trunk shall be protected against mechanical impact during handling and transport.

2.             Balled and burlapped and container plants shall always be handled          by the soil ball or container.  Under no circumstances may they be dragged, lifted or pulled by the trunk or foliage parts in a manner that will loosen the roots in the ball.

                                3.             Plant material shall be planted the day it is taken to the planting                                                site or it shall be watered and placed in a shady area to prevent                                             dehydration.

4.             Bare root plants shall have their roots covered either with a moist tarp or mulch while they are being transported to and being held at the planting site.

5.             Trees and shrubs shall not be dug, balled and burlapped or moved with a tree spade during the active growth period unless the ball is large enough to insure survival.

                                6.             All twine or rope and plant labels secured around the trunk and                                                branches shall be removed after planting is completed.

7.             Cleanup of soil, branches or other debris resulting from any tree or shrub planting shall be promptly accomplished.  The work area shall be kept safe at all times until the cleanup operation is completed.  Under no condition shall accumulation of soil, branches or other debris be allowed upon public property in such a manner as to result in a public hazard or be unsightly.

                                8.             Excavated plant pits that will be left open when work is not in                                                    progress or pose hazards to pedestrians or vehicles shall be                                                      adequately barricaded with qualified warning devices.

V.            Protection and Preservation Specifications

                The following specifications are intended to prevent unnecessary damage and     destruction to trees.

                A.            General Specifications

1.             Authorization must be given by the Director of Public Works or                               his/her designee before any of the following is performed:

a.             attaching or installing any metal materials, signs, cables, wires or other things foreign to the natural structure of a tree within Borough streets;

                                                b.             treatment of the soil within the root zone with a soil                                                                     sterilant.

2.             All site or landscape plans involving public property shall show all existing trees.  Trees proposed to be saved and removed shall be indicated.  Every possible effort shall be made to preserve desirable trees.

3.             Existing trees to be saved shall be marked with prominent identification.  Protective devices shall be placed around all “save”               trees as soon as possible.  Acceptable protective devices include, but are not limited to, standard snow fencing attached to metal posts, wire or string with flagging attached to wooden or metal posts set securely in the ground, or board fencing.

4.             Heavy equipment shall not be allowed to travel over the root zone of existing trees unless landscape fabric and wood chips of boards in small areas are used to avoid compaction of the soil and damage to the tree’s roots.

5.             Curb cuts shall not be closer than five (5) feet from the trunk of a tree.  No paving or asphalting shall be installed closer than two and one-half (2 ˝) feet from a tree trunk.

6.             New sidewalks, paving or asphalting must allow space for tree roots that is permeable to air and water.  The following should be used as a guideline:  for trees up to four (4) inches in trunk caliper,   twenty-five (25) square feet of porous area is needed;  for each                 additional two (2) inches of tree caliper, ten (10) more square feet are needed.

                                7.             Grade changes within the drip line of a tree to be saved shall be                                                avoided whenever possible.  If grade changes are absolutely                                                     necessary within the drip line of “save” trees, tree wells or walls                                             shall be used.

                                8.             Avoid cutting surface roots whenever possible.  Sidewalks and                                                paving levels shall be detoured sufficiently to avoid such cutting.

9.             If trees are in full leaf during the construction phase, it may be necessary to supply supplemental irrigation.  The Director of Public Works shall notify the permittee when irrigation is required.

                B.            Specific Requirements Pertaining to the Protection of Trees

1.             Necessary and reasonable measures should be taken to protect street trees from damage during excavation and associated activities.  Any damage sustained by a tree, such as broken limbs or roots or scarred trunks resulting from construction and/or installing underground facilities shall be reported immediately to the Director of Public Works or his/her designee or treated according to the tree care standards specified in these Regulations. All measures taken to protect or treat trees within Borough streets  under this section shall be done under the supervision of the Borough.

2.             When an underground project encounters the roots of a tree within Borough streets, a tunnel or some other method of modification of the project under or around the tree shall be used as reasonably  necessary to protect the health and survivability of the tree.

                                3.             When in the process of excavating within the drip line of a tree                                                 within Borough streets, roots larger than two (2”) inches are

encountered, the Director of Public Works or his/her designee shall be contacted.  All roots shall be cleanly pruned on the tree side of the excavation.  Backfilling shall be done as soon as possible to prevent the drying out of exposed roots.

4.             Installations of curbs and sidewalks shall be completed in a manner         least damaging to trees and tree roots.  Clean cuts shall be made in every case.

a.             Sidewalks – roots less than two (2”) inches in diameter of trees within Borough streets may be cleanly pruned on the tree side without notifying the Director of Public Works.                  Notification of the Director of Public Works is required to prune roots larger than two (2”) inches in diameter.  Sidewalk cutouts are permitted to clear trees or large roots while maintaining a minimum four (4’) foot wide sidewalk.

 

b.             Curbs – damage to trees within Borough streets or roots                            over two (2”) inches in diameter shall be avoided when                       installing curbs.  Removal of larger roots must be as                                                 directed by the Director of Public Works.  Encroachment upon the tree lawn while excavating cannot exceed six (6”) inches, unless done under the supervision of the Director of Public Works.  Replacement of concrete curbing with metal    curbing to clear trees or large roots is an option if permission is granted by the Borough Engineer.

Robert Cogan seconded the motion to accept the rules and regulations of the Shade Tree Committee.  The motion passed by 6-0 roll call vote:  Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, yes; Mary Ann Horne, yes; Gregory Lucas, yes; Clifford Allen, absent, and H. Robert Cannell, yes.

 

            Personnel Committee:  Mayor Cannell reported that they have a meeting scheduled for March 17th at 7 p.m. to discuss the Manager search.  

           

Streets, Buildings, & Grounds Committee:  Greg Lucas reported that he met with Thom Schruers and the left turn lane is being studied for the third time.  They may need to have parallel parking on the East side of the street to allow for traffic to flow by the left hand turn lane.  This would loose approximately 8 parking places.  Mr. Lucas stated he thought it would be a better idea to purchase the empty gas station and make a municipal parking lot.  Mayor Cannell asked Greg Lucas to look into the possibility and get back to Council. 

 

Solicitor's Report:

Correspondence from the Solicitor Marsh was in the packet for review including an update on the Edinboro Police Department/Campus Police Department jurisdiction issue.

Solicitor Marsh stated that the bulk WWWCT agreement with Washington Township was in process and the language needed to be finished for the Township approval tomorrow.  Mayor Cannell asked if they could approve it tonight.  The Solicitor recommended against signing. Council should not sign something they have not reviewed.   It was agreed to have a special general meeting on March 21, 2005 at 6:30 p.m. to review and accept the agreement if all the language and appendixes where completed.

 

Management Report:

            FINANCE:   

            Mayor Cannell introduced the bills for payment. Jean Davis moved for approval of the submitted bills totaling $45,705.47, and Mary Ann Horne seconded.

With no objections, the motion was approved by a 6-0 voice vote.

            Jean Davis moved and Mary Ann Horne seconded to approve the payroll ending February 26, 2005 paid March 4, 2005, totaling $52,769.09.   Jean Davis reported they were looking at another form of the payroll with dollar amounts but it is not broke out to show overtime.  It was agreed that something in between was needed.  No further questions, the motion passed by a 6-0 voice vote.

 

            Personnel:

            Council was notified that Joseph Mansfield was hired in the WWCT Department.  Mr. Robert Cogan asked why an outside person was hired and not someone within.  Greg Lucas explained that one or two applied but they where not fully qualified as needed.  WWCT Superintendent was given authorization to hire and he also contacted the legal attorney Mr. Wassell for verification so no problems in hiring would arise.

 

            Police:  Reports were available for review.      

 

Community Liaisons:

            EVFD Board Liaison:  Robert Cogan reported that they met Sunday, March 6th.  They covered routine matters absent of the President and Treasurer.  Elk Creek Supervisor didn’t understand the invoice sent to him regarding the EVFD auto insurance and had asked questions.  They discussed raising fees for ambulance and oxygen service.  Chief Segren will be coming to a meeting to ask for more funding from the Borough because of the EMST tax that was enacted.

 

            Authority Liaison:   Jean Davis reported they met in workshop because there was not a quorum.  They will call a special meeting to do general business on Wednesday because the Chairman will be out of town for a few weeks after that.

 

            Washington Township Liaison:  Jean Davis reported that they meet tomorrow

 

            Joint Municipal Planning:  Christopher Gillette reported they met Wednesday night and did a lot of clerical work.  They would meet again next month to view the corrections.

 

Other Old Business:

               

Communications:

            Correspondence from the PSAB regarding fighting to save CDBG funding was in the packets for review.  Mayor Cannell reported that PLCM was also working toward this.  Robert Cogan asked if the Borough had written support of this process.  Jean Davis reported that Vicki Coffin has sent letters out.  Mayor Cannell stated he would make sure they were sent out.  Ms. Lander reported they were in the last packet.  Jean Davis stated that she already has responses back from two of her letters.

Also in correspondence was a letter from the Edinboro Men’s Softball League requesting field maintenance.  It was noted that Public Works Department already had this on their upcoming list to do.  Tom Schruers reported that they rebuilt it after the May flood and they just haven’t gotten to it after the September flood.  They get the materials free but it will cost time from his crew.

Correspondence from the Erie County 911 Task Force was available for review.  Also available was request by Edinboro Triathlon/duathlon for Council’s approval and concurrence for it to take place on some roads in and around the Borough on June 4, 2005.  Robert Cogan moved and Jean Davis seconded to give Edinboro Triathlon/Duathlon Council’s approval and concurrence for June 4, 2005 contingent on receiving necessary insurance policy and to congratulate them on their 20th year in Edinboro.  The motion passed by 6-0 voice vote. 

 

NEW BUSINESS:

            Mayor Cannell presented information regarding the Civility Pledge from Erie Chamber of Commerce.  He asked if the Council wanted to agree to this pledge for Erie and region?  With no motion the Mayor moved on to discuss the July 4th Fireworks. 

He reported he had heard this maybe the last year for the fireworks because the committee was burned out and problems in raising funds.  Mayor Cannell asked for ideas and suggestions to save the event.  Robert Cogan stated maybe it should be a tri community event with Albion, Edinboro, and Waterford rotating event from year to year.  Greg Lucas stated that this is the last year for the festival but they will still do fireworks with no vendors.  It was noted that 85% of the people attend from 5pm to after fireworks.

PLCM Spring event is April 19 at 6Pm at Venango Country Club which is free to members.  Mayor stated he would submit himself, Mr. Cogan, Jean Davis, and Kip Allen as attending.

Economic Impact Study meeting was scheduled for April 5 at State College has been rescheduled to March 30th in Harrisburg.  Each municipality can have two representatives at the meeting from 11 a.m. to 2 p.m.  Mayor Cannell and Mary Ann Horne will represent the Borough.  Mayor Cannell stated that will be presenting their findings from the study at that time.

            Greg Lucas reported that there was four running for the four open slots in the Borough.  The new member would be Dennis Travis who lives on Lakeside and his son is the Attorney in town.

            Greg Lucas asked if he could put a news release on the study commission in Council’s insert in the recycling newsletter.  Council had no problem with this request.  Mary Ann Horne asked if an article on the cardboard recycling could be entered.  Mayor Cannell stated he would like to have the sewer agreement information be also put into the insert.

            There being no further business before the Council, Mayor Cannell asked for a motion for adjournment.

 

 

 

 

 

 

Adjournment:

            Robert Cogan moved for adjournment, and the meeting was adjourned at 8:30 P.M.

 

 

ATTEST:

 

 

 

_______________________________               _________________________________

Assistant to the Manager Marie Lander                          Mayor H. Robert Cannell

 


 

Home Rule Borough of Edinboro Council Meeting

HIGHLIGHTS

March 14, 2005

 

COUNCIL APPROVED:

·        Payment of bills

·        Minutes

·        Payroll

·        Ordinance 522-2005 Joint 537 Plan Update

·        1st reading Ordinance 523-2005 Shade Tree Ordinance

·        Rules & Regulations of Shade Tree

·        Police Bargaining Unit Contract for Jan 1, 2005- Dec. 31, 2007.

·        Approve Triathlon contingent on certificate of insurance and congratulate them on 20 years

·        Authorize putting article in newsletter by LUCAS on Multi-Municipal Government Study Commission

 

POSTPONED

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

·         

UPCOMING MEETINGS:

·        Committee of the Whole & Personnel Committee on Manager Search March 17 at     7 pm

·        Special Meeting to conduct general business & sewer agreement  March 21 6:30 p.m.

·        Hearing on Shade Tree Ordinance March 28, 2005 – Adopt April 11

·        Annual audit review with CPA’s April 4, 2005 6:30 p.m.

 

 

MANAGER INSTRUCTED TO:

·        Compute cost of Police Contract for 3 years

·        Advertise Shade Tree Ordinance

·        Advertise special meeting for general business March 21 6:30 p.m.

·        See about different Payroll format for Council

·        Letter or certificate of congratulations to Edinboro Triathlon for 20 years.

·        Newsletter – article by Lucas on government study commission; information on cardboard recycling; sewer agreement being signed

·        Advertise adopted Ordinance 522-2005 Joint 537 Plan Update within 10 days

 

 

 


 

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

March 14, 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 _ABSENT_, Bob Cogan ____, Jean Davis ____,   Christopher Gillette ____, Mary Ann Horne ____,  Greg Lucas ________,                Mayor H. Robert Cannell ______, Manager  _NONE___, Solicitor Marsh _Normal attends 2nd meting __, and Marie Lander, Assistant to the Manager ____.

 

III.       Approval of Minutes

·         Regularly Scheduled Meeting, February 28, 2005    

 Action: Motion to approve minutes

 

·         Hearing on Joint 537 Plan Update, March 7, 2005

ACTION:  motion to approve minutes:

 

IV        Persons Requesting Time to Address Council

           

V.        Old Business –
A.  Committee Reports –

1.       Finance Committee/Pension Committee/ Negotiation Committee -  Mary Ann Horne

a)      Police Contract – ACTION: 

b)      Committee Met March 14  1:30 p.m.- Report

c)      Life Guard Contract – Met with YMCA 3/14/05 4 p.m.

2.       Ordinance Review Committee –Jean Davis                                                    

a)      Codification – awaiting return from Penns Valley

b)      Sign Ordinance

c)      Grease Ordinance

d)      Dumpster Ordinance 514 – Ordinance postponed for further review by committee

e)      Noise Ordinance

f)        Shade Tree Ordinance  523– ACTION:1st reading and request it advertised for action on April 11th

g)      Commercial

3.       Personnel Committee – Kip Allen

a) Manager Search -

4.       Recreation/Lake/Environment –  Kip Allen

5.       Public Safety – Chris Gillette

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

3.      Bulk WWCT agreement with Washington Township  -ACTION:

4.      Edinboro Police & EUP Police- correspondence - FYI

 

 

 

C.  Management's Report:

1.  Assistant to the Manager Report

                a)  Joint Act 537 Sewage Facilities Plan Update Revision –

Hearing was held March 7, 2005

ACTION on Ordinance 522

2.  Finance –

a)  Authorization to approve bills to be paid March 14, 2005             

Action:  Motion to approve bills totaling $ 45,705.47

 

 

b)  Authorization to approve payroll

 Action:  Motion to approve payroll ending February 26, 2005, paid                    March 4, 2005, totaling $ 52,769.09

 

c)

                        3.   Personnel                           

                                    a) Joseph Mansfield hired - WWCT Department

                        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

           

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

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  Met 3/14/05 at 5 p.m.

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

2) 

 

VI.              Communications

·         PSAB – Fights to save CDBG

·         University-Community NETWORKER Feb 2005

·         Edinboro Men’s Softball League request Field maintenance (Public Works Has on their To Do List)

·         Edinboro Triathlon – FYI

·         911 Task Force – FYI

·          

VII.            New Business

A.      Erie Chamber of Commerce – Civility Pledge

B.       July 4th Fireworks - discussion

VIII.         Adjournment

 

REMINDERS:

 

Finance Committee  March 14, 2005  1:30 p.m.

Authority Meetings March 14, 2005  5 p.m.

Council Meeting March 14   7:00 p.m.

 

                                 

                                         2005 Council Meeting Schedule:

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