HOME RULE BOROUGH OF EDINBORO

COUNCIL MEETING MINUTES

April 11, 2005

 

Call to Order:

Monday, April 11, 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: Clifford Allen, Robert Cogan, Christopher Gillette, Mary Ann Horne, Greg Lucas, Jean Davis, and Mayor H. Robert Cannell.  Also in attendance were: Tom Schruers, Public Works Director, and Marie Lander, Assistant to the Manager.  Guests included: Bob Jahn, Hank Johnson, Zach Plerhles, and Ryan Smith of the Meadville Tribune.  

 

Minutes:

Mayor Cannell introduced the minutes from the regular Council meeting held March 28, 2005. Robert Cogan moved for approval of the minutes, and Jean Davis seconded. The minutes were approved by a voice vote of 4-0–3.  Three Council members, Clifford Allen, Mary Ann Horne, and Christopher Gillette, abstained because they were absent for the March 28, 2005 meeting. 

           

Public Participation:

Bob Jahn, 4720 Kinter Hill Road, was present to ask for the Borough’s backing regarding the 3 on 3 Basketball and 4 on 4 Touch Football Programs.  He handed out fliers regarding this and asked the Council to obtain an insurance certificate for the General McLane School District, so they could use the fields behind the J.W. Parker Middle School.  He stated that it was great that the courts would be redone and whatever time frame the Borough had established for the refurbishing, either before or after the basketball camp, would be great. 

Clifford Allen thanked Mr. Jahn for his efforts and asked what the breakdown of participants was with regard to residency.   Mr. Jahn stated it had been declining; that five years ago there were about 220 children, three years ago 200, and last year only 180 children.  Mr. Allen asked what percentage was from the Borough of Edinboro.  Mr. Jahn didn’t have the numbers with him, but he thought it was something like 40% from the Borough, with 20% from McKean Township, and the rest from Washington Township, Franklin Township, Maplewood, Meadville, and Cambridge Springs.  He was asked to give the Borough a follow up of the number of students and a breakdown of that number according to residency.

Jean Davis moved, and Christopher Gillette seconded to approve the Edinboro Recreation Department events of 3 on 3 Basketball and 4 on 4 Touch Football and to have a certificate of insurance sent to the General McLane School District. 

Discussion followed with Mr. Cogan requesting that the solicitor or the insurance carrier be asked if this coverage was acceptable because the event was being held outside the Borough.  With no objections to the addition to the motion, the motion passed 7-0. 

It was noted that the Borough was in favor of such events.  It just did not want to put the Borough at risk or incur any additional costs.

 

Because no one else requested time to speak, 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 purchase orders.  The committee saw no problems with the invoices and purchase orders reviewed.  The first quarter review would be April 18, 2005 at 6:30 P.M., and the audit report would be presented by the auditors April 18, 2005, at 6:00 P.M.  

            Ms. Horne stated that they reviewed the Coaxial Cable request for renewal, and the Finance Committee wanted the opportunity to audit the books for timing and calculation of payments over the last three (3) years.  She was asking also to get a date for the hearing and put it into the newsletter.  Solicitor Rich Marsh’s letter stated that he thought it may be more beneficial to get someone else to help with this process, and Ms Lander was getting quotes from attorneys compared to having our attorney get up to speed on the subject.. It was also noted that Coaxial was asking for a twenty (20) year agreement, and the Borough’s ordinance allowed up to fifteen (15) years.          Ms. Horne moved and Jean Davis seconded to authorize the Finance Committee to work on the renewal request of the Coaxial Cable Franchise.  They would notify Coaxial within fifteen (15) days of the time frame and set up a hearing after that.  With no objections, the motion passed by 7-0 voice vote.

 

            Ordinance Review Committee:

            Jean Davis presented the Shade Tree Ordinance (Ordinance No. 523 of 2005) for its final 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.

Ordained and Enacted this ________, day of __________, 2005.

 

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

 

                Jean Davis also explained that the codification had been received, and they would be proofreading it before advertising.  Robert Cogan stated he had been reviewing the first copy received and had found omissions of words.  He felt that Ritchie Marsh should review for content also before adoption. Jean Davis stated they would be proofing it April 18th and 19th starting at 1:00 P.M. for a couple hours per day if Mr. Cogan would like to attend.

 

            Personnel Committee:  Clifford Allen asked for an executive session at the end of the meeting to discuss the Manager search.

           

Recreation/Lake/Environment: Mayor Cannell asked Mr. Allen if he had anything. 

Clifford Allen noted that they had the 3 on 3 Basketball Program, which had been discussed in public participation, and the bathhouse was being built. 

Tom Schruers, Public Works Director, was asked when the Lake spraying would occur, and if it would affect the Edinboro Triathlon.  Mr. Schruers informed them that it would happen around June 13, 2005, and the beaches would be posted for twenty-four (24) hours.  This would be after the Triathlon and before the opening of bass season.   

 

Mayor Cannell stated that he had heard that the Fireworks Committee was not organizing the 4th of July festival in 2006.  He asked the Recreation Committee to look into it, to see what it possibly could come up with as far as options to save the festival in town and to get back to Council with its findings.  The Fireworks Committee would continue raising funds for the fireworks.  Mary Ann Horne reported she had a call into Renee Thayer at the Chamber of Commerce to see if leaders in the community would be interested in working on it.  Clifford Allen stated that the group should be commended on the great job it had done over the past years.

 

Public Safety Committee:  Mayor Cannell stated they had issues on jurisdiction and police wages and benefits.  They would discuss setting a date and time to meet.  Mary Ann Horne stated that if they would be discussing the wages and benefits of the last contract negotiated by the Finance Committee, then the Finance Committee members should be invited to be in the discussion.

 

Streets, Buildings, & Grounds Committee:  Greg Lucas stated the street crews did a great job during the snowstorm the first weekend of April.  He also felt that the Waste Water Collection and Treatment (WWCT) Department and Water Department worked hard with the power outages, and they kept things running.  Clifford Allen stated it was a twenty (20) year storm, and Greg Lucas added that they had had two 100-year floods last year.  Mayor Cannell moved and Robert Cogan seconded to thank the departments on behalf of Council for a job well done during the snowstorm and power outage.  With no objections the motion passed by 7-0 vote.

 

Solicitor's Report:

Correspondence from the Solicitor Marsh was in the packet for review, including an update on the Edinboro police department – EUP campus police department jurisdiction issue. 

 

Jean Davis reported that at the Municipal Authority meeting they discussed Chuck Wunz contacting the Department of Environmental Protection (DEP) to set up a meeting for May 4, 2005, which was the earliest that the DEP would meet to discuss the Task Activity Report (TAR) and the 537 Plan, both of which had been submitted by the Borough.  She also reported that the Water Authority was applying for grant of $180,000.00 for a generator for the air stripping tower.  Robert Cogan reported that he had talked to Butch Shafer, the Water Department Superintendent, and found out  how important this was because the emergency generator Mr. Shafer used to rent was no longer in Erie, but was now in Pittsburgh.

 

Management Report:

            The Pennsylvania Economic League (PEL) University Impact Study meeting held March 30, 2005, in Harrisburg was attended by Mayor Cannell and Mr. Allen.  They were given a document, which listed needed information, and this was  to be compiled by the staff.  Also, a letter was sent to Edinboro University asking for a contact person for the impact study.

           

            Finance:         

            Mayor Cannell introduced the bills for payment. Mary Ann Horne moved for approval of the submitted bills totaling $74,916.08, and Jean Davis 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 March 26, 2005, paid April 1, 2005, totaling $52,862.44.  The motion passed by a 7-0 voice vote.

 

            Also, it was reiterated that the auditor’s review of 2004 was scheduled for April 18, 2005, at 6:00 P.M., and the first quarter review of 2005 was at 6:30 P.M.

 

            Public Works:

            The bids for crack sealing were opened on April 8, 2005, and the results were as follows:

            NAME:                                                                       Unit Price        AMOUNT

            Russell Standard Corp, Fairview, PA                            $12.99             $14,743.65

            Concrete Coring Company Inc., Harman, PA   $11.50             $13,052.50

            Matcon Diamond Inc., Pittsburgh, PA                           $16.50             $18,727.50

 

Jean Davis moved to award the crack sealing bid to Concrete Coring Company, Inc. for $13,052.50.  Robert Cogan seconded the motion, and it passed by a 7-0 voice vote.

 

            Water System:

            The Single Application to the Pennsylvania Department of Community and Economic Development (DCED) for assistance in acquiring the emergency generator for the air stripping tower was in the packets for approval.  Jean Davis made a motion to apply to the DCED for assistance in acquiring an emergency generator for the air stripping tower at $180,000.00.      Clifford Allen seconded the motion and it passed by 7-0 voice vote.   Clifford Allen suggested that the narrative inform the DCED that Edinboro was a host community that provided service to many students in a university with a large handicapped population.

 

            Community Development/Project Coordination:  In the packets was a copy of the minutes from February 28, 2005, where the bids for the Thompson Park were tabulated and Bid “A” was awarded.           With the authorization by Council, at its last meeting to move Community Development Block Grant (CDBG) funds to allow for the completion of Section “B”, Clifford Allen moved to approve the Thompson Park Bid for Section “B” to Russell Standard Corp at $24,817.37.  Mary Ann Horne seconded the motion and it passed by 7-0 voice vote.

 

            Community Liaisons:  Clifford Allen asked for a moment of silence in memory of Jeanne Brand, who served for years on several Borough committees. 

 

            Public Relations/Cable TV:  Mayor Cannell noted that they had received an application for renewal of the franchise from Coaxial Cable Television Corporation sent by the McDonald Group.  This was previously discussed under the Finance Committee report.

 

            Chamber of Commerce:  Mary Ann Horne stated she had a call in to Rene Thayer regarding the July 4th Festival.

 

            Environmental Shade Tree Advisory Committee:  Mary Ann Horne reported the committee appreciated the fact that this was the third reading tonight.  Adoption of the ordinance would allow the committee to apply for grants.

 

            Erie County Borough:  No one would be able to attend the April 20, 2005 meeting.

 

            EVFD Board Liaison:  Mr. Cogan reported that they had to reschedule their Sunday meeting.

           

            Authority Liaison:   Jean Davis reported earlier under the Solicitor’s Report.

 

            Washington Township Liaison:  Mayor Cannell reported that he had attended the meeting for Jean Davis.  The Mayor of Washington Township had told him it would not be a long meeting, but at 8:45 P.M., it was not even half done, and he had to apologize because he had to leave.  During the meeting they had a presentation from the auditor and had several internal controls on which to work.  They also were discussing bids for gasoline.

 

            EUP Administration:  Mayor Cannell stated he was attending meetings at the university regarding its fall 2006-2007 sesquicentennial.  He was on a committee chaired by Brian Pitzer and would keep Council informed of its status.

 

            Watershed Association:  The annual meeting would be held at Nick’s place on April 28, 2005 at 7:00 P.M.  The Annual Beach Cleanup Day is May 7, 2005 from 9:00 A.M. to noon.

 

Other Old Business:

               

Communications:

Correspondence from the 911 Task Force was included in the packets.  Also enclosed was a letter from Shirley McKay thanking the snow removal crew for a great job during the April snow storm.

 

Letters from several General McLane High School students were received by Mayor Cannell.  Jean Davis asked that the staff write letters to the individual students thanking them for their correspondence, answering any questions and encouraging them to write to their representatives often.  Copies of the letters would also be sent to their teacher.  She felt that the community would become a better place if people came and talked instead of going around town complaining.   Robert Cogan seconded the motion to write letters and it passed by 7-0 voice vote.   

 

Mayor Cannell stated that he and Robert Cogan attended a meeting at Edinboro University regarding the controversial subject Property Tax Relief Talking Points.  He felt as individuals they should voice their opinions to their school directors.

 

Mayor Cannell stated he had information regarding the Emergency Medical Services (EMS) Elected Officials Breakfast May 20, 2005.  He thought Mr. Schruers and Mr. Cogan might be interested in attending. 

 

NEW BUSINESS:

            Robert Cogan stated he received the 2005 police salary report from the Pennsylvania League of Cities and Municipalities (PLCM) from the Mayor and stated it was interesting in light of what he had at the last contract meetings.  Corry was less than the Borough in Erie County as were several others on the sheets listed by the PLCM.   He asked if Ms. Lander would update it with information from the Borough police contract. 

Marie Lander stated that she had done this over the weekend, and the Mayor had it for the committee.  

 

            Mr. Cogan asked about the Edinboro Inn and the tragic drowning of a seven year old child.  He asked if there was a legal ordinance that would require all private pools to be attended.  Discussion followed.

 

            The Mayor had a copy of the draft Council newsletter for review.  He wanted to see if the Council would like it in color or black and white.  Chris Gillette thought color was too expensive, and Jean Davis thought the black and white was all right.  Others would get back to the Mayor with their thoughts. 

 

            Clifford Allen stated that the Erie County Council used to meet at different sites around the county, and he thought the Borough Council should offer the municipal building for a meeting if the Erie County Council so desired, and the Borough Council would welcome the use.  Mr. Allen directed that a letter be sent under the Mayor’s signature to the Erie County Council.

 

EXECUTIVE SESSION:

            Kip Allen moved for executive session at 8:20 P.M. to discuss a personnel matter of the Manager search.   Jean Davis seconded the motion and the meeting was adjourned to executive session. 

            Upon returning at 8:56 P.M., the Council had nothing to report.

 

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

 

Adjournment:

            Greg Lucas moved for adjournment, and the meeting was adjourned at 9:00 P.M.

 

ATTEST:

 

 

 

_______________________________               _________________________________

Assistant to the Manager Marie Lander                          Mayor H. Robert Cannell

Home Rule Borough of Edinboro Council Meeting

HIGHLIGHTS

April 11, 2005

 

COUNCIL APPROVED:

·        Payment of bills

·        Minutes

·        Payroll

·        Final Reading Ordinance 523-2005 Shade Tree Ordinance

·        Award bid to Russell Standard $24,817.37 for Thompson Park “B”

·        Award bid to Concrete Coring for Crack sealing $13,052.50

·        Authorize grant application for single application to PA DCED for assistance for emergency generator for water air stripping tower $180,000

·        Moment of silence in honor of Jeanne Brand

·        Authorize Finance Committee to work with Mr. Lovell regarding renewal of cable TV franchise

·        Authorize 3 on 3 basketball and 4 on 4 football if insurance coverage was no charge

·        Choose bath house colors

 

POSTPONED

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

·        Recreation Committee to review July 4th festival

·        Ordinance Review to review final Codification for adoption

UPCOMING MEETINGS:

·        Committee of the Whole & Finance on 2004 Audit & 1st Qtr review 2005 April 18th at     6:00 pm

·         

 

 

MANAGEMENT INSTRUCTED TO:

·        Paperwork for awarding bid on Thompson Park and  Crack Sealing.

·        Letters to students and copy to teacher by Mayor (Maggi S. to prepare)

·        Work on Cable TV Franchise renewal request (review, advertise, letter Coaxial)

·        Insurance information & certificate for 4 on 4 football – Recreation Dept.

·        Review of Codification for adoption

·        Draft letter to County Council under Mayor’s signature

 


 

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

April 11, 2005

7:00 P.M. Regular Meeting

 

 

I.                    Call to Order of the Regular Council Meeting by Mayor Cannell

 

II.