HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
April 27, 2009
Call to Order:
The following Council members were present: Clifford Allen, Michael Amidon, Greg Lucas, Jean Davis, and Mary Ann Horne. Members absent were H. Robert Cannell and Dennis Travis. Also in attendance was T. Jemetz, Borough Manager; Solicitor Marsh; and Marie Lander, Assistant to the Manager. Guests included: Kenneth Massey; Kathy Amidon; and Amber Wellington of the Edinboro News.
Mayor Horne introduced the minutes from the Regular Council meeting held April 13, 2009. Clifford Allen moved for approval of the minutes as printed. Greg Lucas seconded, and the minutes were approved by a voice vote of 5-0.
Mayor Horne welcomed the persons present and asked if anyone wished to speak to Council. Being no one wishing to speak, Mayor Horne moved on to old business.
Committee Reports:
Finance Committee: Jean Davis stated that they had met today to review the bills and open purchase orders. She motioned to approve the bills to be paid April 27, 2009 totaling $363,872.07 and Michael Amidon seconded. The motion passed by 5-0 voice vote.
Jean Davis moved approval of the payroll ending April 18 that was paid April 24, 2009 totaling $53,819.77. The motion was seconded by Michael Amidon and passed by 5-0 voice vote.
Jean Davis noted that at the Committee meeting they discussed a new utility bed for the water truck since repairs to the old one would be $6000. The Committee also discussed Resolution 12-2009.
Ordinance Review: Clifford Allen moved adoption of Ordinance 568 prohibiting external fuel burning appliances. He noted that there were no appliances currently in use in the Borough and no one intending to use them that they are aware of. The Ordinance has be advertised and posted on the Chamber’s window. He asked the Manager if he recommended this Ordinance be adopted and Manager Jemetz stated since most municipalities with restrictions have 400’ restrictions and our lots are smaller he recommended adoption as it was presented.
HOME RULE BOROUGH OF EDINBORO
Ordinance No. 568
AN ORDINANCE AMENDING Chapter 13 OF THE CODE OF THE BOROUGH OF EDINBORO, AND SPECIFICALLY ADDING Part 6 ENTITLED, “External Fuel Burning Appliances”.
WHEREAS, the Borough of Edinboro is a Home Rule Municipality and therefore their Home Rule Charter specifically authorizes the Home Rule Municipality the power to adopt, amend, and enact ordinances; and
WHEREAS, the Code of the Borough of Edinboro in Chapter 20-109 regulates burning of refuse, proximity of fires to streets, alleys, buildings and business districts, time restrictions, and smoke nuisance; and
WHEREAS, the Borough is aware that certain building heating systems are being installed in surrounding communities that emit smoke at or near ground level causing a nuisance to the general public, which the Borough is authorized to prohibit by ordinance; and
WHEREAS, The Home Rule Borough Council concern that homes and structures in the Borough are close together and the burning of fossil fuels will cause smoke, ash, etc. at ground level affecting the health and general welfare of the residents of said area, which the Borough is authorized to enact regulations protecting the health and general welfare of the residents of the Borough; and
WHEREAS, The Borough Council intent of these regulations is to protect the public health and safety of the citizens of the Borough of Edinboro and their environment; and
THEREFORE, The Home Rule Borough of Edinboro hereby ordains and enacts as follows:
Part 6
External Fuel Burning Appliances
§13-601. Definition. An External Fuel Burning Appliance for purposes of this Ordinance shall be any appliance or device constructed, designed and/or used to burn oil, wood, coal, charcoal, peat, or any other fuel, which has been manufactured for placement outdoors, but intended and/or used for providing heat to any structure, swimming pool, domestic hot water, or other uses.
§13-602. Prohibition. All External Fuel Burning Appliances are hereby prohibited in the Home Rule Borough of Edinboro.
§13-603. Penalties. Any person, firm or corporation who shall construct, reconstruct, install, use and/or maintain any External Fuel Burning Appliance in the Home Rule Borough of Edinboro shall be guilty of a summary offense, and shall, upon conviction thereof, be sentenced to pay a fine of not more than Three Hundred ($300.00) Dollars, and in default of payment of such fine, shall be sentenced to a term of imprisonment not to exceed Ninety (90) Days. Every day that a violation of this Ordinance continues shall constitute a separate offense.
§13-604. Effective Date. This Ordinance shall take effect immediately.
ENACTED AND ORDAINED THIS 27th DAY OF April, 2009 by the Council of the Home Rule Borough of Edinboro.
Greg Lucas seconded the motion and discussion followed.
Mayor Horne stated she agreed with the Manager on the size of the lots.
Clifford Allen stated he had concerns but will vote for the Ordinance. He believed it was an alternative energy appliance but just not right for the Borough at this time. If a citizen asks we will relook in the future. He felt this Ordinance was best for the citizens.
Jean Davis stated that the Borough adopted a burning ordinance years ago because of people with Asthma. Many people have told her that they are thankful that this Ordinance will also protect them.
Michael Amidon stated he had talked to Council before about ground level smoke and in economic times this was an alternative energy and the way to go for some. He felt that a chimney above a roof would work.
Mary Ann Horne stated that fireplaces are in the house while this appliance is outside.
Michael Amidon stated he had no desire for this appliance but there are lots available that can ask for a variance to use one.
Call for a vote. Roll Call Vote: Michael Amidon, no; Jean Davis, yes; Dennis Travis, absent; Clifford Allen, yes; Gregory Lucas, yes; Mary Ann Horne, yes; H. Robert Cannell, absent. Ordinance passed by 4-1 roll call vote.
Clifford Allen introduced Ordinance 569 Ground Source Heat Pumps for its first reading. He noted it was advertised and asked the Manager for his recommendation. Manger Jemetz stated that it was recommended by DEP to protect our ground water supply. The full document was in the Council’s packet for consideration.
HOME RULE BOROUGH OF EDINBORO
Ordinance No. 569
AN ORDINANCE AMENDING Chapter 13 OF THE CODE OF THE BOROUGH OF EDINBORO, AND SPECIFICALLY ADDING Part 7 ENTITLED, “Ground Source Heat Pumps”.
WHEREAS, the Borough of Edinboro is a Home Rule Municipality and therefore their Home Rule Charter specifically authorizes the Home Rule Municipality the power to adopt, amend, and enact ordinances; and
WHEREAS, ground source heat pump systems, also referred to as geothermal heat pumps, provide a promising alternative to conventional heating and cooling methods; and
WHEREAS, the efficient ground source heat pump systems significantly reduce the consumption of fossil fuels and thus result in considerably fewer gaseous emissions; and
WHEREAS, ground source heat pumps can help improve local air quality;
WHEREAS, ground source heat pump systems help solve energy supply issues;
WHEREAS, energy produced locally reduces the need to import energy, thus resulting in a better balance of trade;
WHEREAS, commercially available ground source heat pump system technology can significantly reduce household energy costs;
WHEREAS, the U.S. Climate Change Action Plan notes the formation of a consortium of geothermal developers and utilities to accelerate commercialization and increase participation as among the specific actions regarding energy supply that will support the U.S. commitment to stabilize emissions of greenhouse gasses at 1990 levels by 2000;
WHEREAS, investor-owned, municipal and rural cooperative electric utilities, with support from the U.S. Department of Energy and in cooperation with U.S. Environmental Protection Agency are seeking a 10-fold increase of ground source heat pumps systems by 2001;
WHEREAS, the introduction into the ground of circulating water or other fluids constitutes a matter of legitimate governmental concern with respect to issues of public health, safety and welfare; and
WHEREAS, the regulation, installation, use and inspection of same is an appropriate exercise of public authority; and
THEREFORE, The Home Rule Borough of Edinboro hereby ordains and enacts as follows:
Part 7
Ground Water Heat Pumps
Section 13-7-201 Definitions
A. For purpose of this ordinance, the following definitions apply:
1. The term “aquifer” means a water-bearing stratum of permeable rock, sand, or gravel.
2. The term “closed loop systems” means systems which rely on the contained circulation of fluids through an underground pipe circuit.
3. The term “direct expansion or DX” means a system which circulates refrigerant in a closed underground loop.
4. The term “drilling” means the creation of holes in the ground, deeper than they are wide, in excess of twenty-five (25) feet below the surface of the ground, using drills, augers, shovels, picks, hydraulic means, etc.
5. The term “heat exchanger” means a device (such as a radiator) used to transfer heat between one fluid (i.e., water or refrigerant) to another fluid, or between one fluid and the ground.
6. The term “mains system” means the water distribution system of a public water supply.
7. The term “open loop” means a geothermal heat pump system that withdraws water form a well or surface water supply, passes it through a heat exchanger, and discharges the water to a surface water body, storm or sanitary sewer system, or recharge well.
8. The term “public water system” means a system for the provision of piped water for human consumption, if such system has at least fifteen service connections or regularly serves at least twenty-five (25) individuals.
9. The term “refrigerant” means the working fluid in a vapor-compression heat pump.
10. The term “slinky” means a closed loop heat exchanger for horizontal installation, made of offset coils of geothermal-rated polyethylene or polybutylene pipe with heat-fused joints.
11. The terms “standing well” or “turbulent well” means a lined or unlined coaxial well used as a heat exchanger. Typically, water is withdrawn from the well bottom and returned to the top of the water column. The well maybe used as a potable water source, with proper protection.
Section 13-7-202 General Provisions
A. Permitting
1. No person, partnership, corporation or other entity shall, within the geographic boundary of the Home Rule Borough of Edinboro, Erie County, Pennsylvania, install, construct, drill or excavate to facilitate the construction or installation of ground source heat pump for use as a heating and/or cooling system for any residential, commercial or industrial structures without first obtaining a building permit.
2. Building permit applicants shall demonstrate that specifications for the excavation, installation and operation of the ground source heat pump system conform to current standards of the International Ground Source Heat Pump Association (IGSHPA).
B. Local Geological Conditions
1. In specific areas of the Home Rule Borough of Edinboro where, as determined by the Borough of Edinboro Engineer, local geological conditions, including but not limited to karst or permafrost, do not meet the requirements for installation and/or efficient operation of geothermal heat pump systems, the Borough engineer may prohibit the installation of one or more types of geothermal heat pump systems.
C. Interconnection to Municipal Water Supplies
1. No water source heat pump shall be interconnected to the public water system so as to return water to the distribution system of the public water supply, except as allowed by permit.
Section 13-7-203 Installation of Open Loop Systems
A. Surface Water Extraction
1. Open loop systems may utilize surface water to the extent permissible under current laws and regulations of the Home Rule Borough of Edinboro pertaining to riparian and/or appropriation rights.
2. All open loop systems which extract water form groundwater sources shall comply with extraction limitations set for potable water wells. Installation requirements for extraction wells shall be the same as those for potable water wells, with respect to those regulations designed to preclude aquifer contamination (grouting, etc.), or in conformance with IGSHPA standards, as determined by the Home Rule Borough of Edinboro.
B. Discharge of Water
1. Discharge of water form open loop systems into sanitary sewer systems shall be prohibited, except upon approval of the Borough of Edinboro Municipal Authority and upon payment by the end user of fees, as determined by the Municipal Authority, assigned at the full costs of treating the volume of water as sewage.
2. Discharge of water from open loop systems into storm sewers shall be subject to approval of the Home Rule Borough of Edinboro Borough Manager.
3. Discharge of water form open loop systems into surface waters located on contiguous property also owned by the owner of the land served by and on which the ground source heat pump system is located shall require certification by the installing engineer that the design of the pond is such that the pond can be expected to retain its capacity to meet the needs of the geothermal system over the lifetime of the system.
4. Discharge of water form open loop systems into a surface water body located on the property contiguous to the land served by and on which the ground source heat pump system is located, or into a surface water body located on property which is not contiguous to the land served by and on which the ground source heat pump system is located, shall require a Pollution Discharge Elimination System permit in accordance with rules and regulations as determined by the Pennsylvania Department of Environmental Protection.
5. Underground injection of water discharge from a ground source heat pump system shall be subject to the following conditions:
a. Returned water shall contain no treatment additives or other introduced chemicals.
b. The return well must be sufficiently separated from the supply (well) to avoid thermal interaction; 100’ is typically specified for residential-scale systems.
c. The return well shall recharge the aquifer from which supply water is extracted.
d. Because such return wells are included as “Class V Underground Injection Wells,” owner or contractor shall file, with the building permit application and “Inventory of injection Wells” form, available from the U.S. Environmental Protection Agency.
Section 13-7-204 Installation of Closed Loop Water Systems
A. Pipes
1. All pipes associated with ground source heat pump systems shall conform to specifications of the International Ground Source Heat Pump Association.
a. All pipes used in aqueous closed loop ground heat exchangers shall be high density polyethylene, or polybutylene, meeting the requirements of the International Ground Source Heat Pump Association Closed-Loop/Geothermal Heat Pump Systems Design and Installation Standards. All in-ground connections shall be heat-fused.
b. All pipe used in open loop systems shall meet the requirements imposed at the local jurisdictional level for potable water well pipe or for in-ground hook-ups to the public water system.
B. Fluids
1. Any fluids used in ground source heat pump systems shall conform to standards set by the International Ground Source Heat Pump Association.
2. Fluids used in ground source heat pump systems may include any food grade additive.
3. The use of methanol is (or is not) permitted.
4. Antifreezes shall be certified by their manufacturers (or the heat pump manufacturers) as suitable for the intended use. All installations must be identified with appropriate labels, and material safety data sheets must be provided to the owner. Antifreezes shall be corrosion-inhibited and biodegradable.
Section 13-7-205 Installation of Direct Expansion (DX) Systems
A. Pipes
1. All in-ground copper heat exchanger installations shall be ACR grade or better, copper or equivalent.
2. In those instances where direct expansion in-ground tubing is installed at a depth greater than twenty-five (25) feet below the surface of the ground, tubing shall be grouted, or contractor shall demonstrate that the installation provides equivalent protection to groundwater.
3. Prior to backfilling, in-ground joints shall be pressure tested to 500 P.S.I. for a minimum of fifteen (15) minutes, with no pressure loss. Should any buried portion fail, refrigeration shall be recaptured, and the loop shall be repaired or abandoned.
4. In soils with a pH level less than 5.0, all in-ground copper tubing shall be catholically protected for a period not less than 50 years.
B. Fluids
1. Except in those instances where the manufacturer demonstrates that the product contains an appropriate mechanism to prevent compressor lubricant form entering the ground loop, only nontoxic, nonhazardous and noncarcinogenic refrigeration oil may be utilized for compressor lubrication.
Section 13-7-206 General Installation Considerations
A. Site Disturbance
1. All ground source horizontal heat exchanger installations shall comply fully with Home Rule Borough of Edinboro ordnance requirements for site control and preventing soil runoff.
2. For vertical heat exchanger installations, the Borough of Edinboro Building Inspector or engineer shall designate appropriate soil runoff measures for the well drilling operations.
B. Drilling of Holes
1. Persons contracted to drill holes associated with the installation of ground source heat pumps need not be specially certified by the jurisdiction.
2. Any regulations of this jurisdiction regarding the drilling of holes for the construction of potable water wells shall likewise apply to the drilling of holes for the installation of ground source heat pump systems in excess of twenty-five (25) feet below the surface of the ground. This includes requirements for a drilling report including a written geologic log, accurate grouting records, and a plan for operations and for well abandonment.
C. Grouting
1. For all closed loop, open loop, and DX systems, all materials and practices regarding the grouting of pipes that extend more than 25 feel below the surface of the ground shall conform to the guidelines of the International Ground Source Heat Pump Association pertaining to closed loop systems.
2. The Home Rule Borough of Edinboro engineer shall have the authority to approve alternatives which can be demonstrated to exceed the performance of materials recommended by IGSHPA.
Section 13-7-207 Provisions for the Decommissioning of Ground Source Heat Pump Systems
A. Whenever a ground source heat pump system is permanently removed form service, and the pipes are not removed form the ground, the outside loop pipes shall be filled with materials meeting specifications for grout.
Section 13-7-208 Penalties. Any person, firm or corporation who shall construct, reconstruct, install, use and/or maintain any Geothermal Ground Source Heat Pump in the Home Rule Borough of Edinboro without proper permits shall be guilty of a summary offense, and shall, upon conviction thereof, be sentenced to pay a fine of not more than One Thousand ($1,000.00) Dollars, and in default of payment of such fine, shall be sentenced to a term of imprisonment not to exceed Ninety (90) Days. Every day that a violation of this Ordinance continues shall constitute a separate offense.
§13-604. Effective Date. This Ordinance shall take effect in ten (10) days from enactment.
ENACTED AND ORDAINED THIS ____ DAY OF _______, 2009 by the Council of the Home Rule Borough of Edinboro.
Greg Lucas seconded the motion and discussion followed.
Clifford Allen reminded everyone that the University had geo thermal wells and that Bill Coleman of EUP was asked for his input. This is not to prohibit geo thermal but to protect the ground water.
Roll Call Vote for the first reading of Ordinance 569: Clifford Allen, yes; H. Robert Cannell, absent; Michael Amidon, yes; Jean Davis, yes; Dennis Travis, absent; Gregory Lucas, yes; and Mary Ann Horne, yes. The Ordinance passed first reading by 5-0 roll call vote.
Clifford Allen proceeded to move adoption of the first reading of Ordinance 570 the Right of Way Ordinance for its first reading. It has been advertised and a copy is available in the front office for review. Manager Jemetz recommended the adoption and Clifford Allen read the main subjects of the Ordinance. Greg Lucas seconded the motion and discussion followed.
Mayor Horne stated Management and Council felt it was important to contract a lawyer to draft the Ordinance.
Clifford Allen stated it is very lengthy from pages 26-41 in the packets.
Michael Amidon asked how is it a telecommunication ordinance.
Manager Jemetz stated that this lawyer deals with telecommunication.
Michael Amidon asked about Borough taking by eminent domain or deed out?
Attorney Marsh stated that this is for the Borough right of way to have others get permission to use the Borough’s right of way specifically.
Clifford Allen stated that it is to make sure we have knowledge of lines and pipes in our right of way. We need to know if they are extending lines without our knowledge. Attorney Marsh stated this is our property and we are setting guidelines for people to use our property (right of ways). If you own property you do the same on your property.
Mayor Horne stated that we set rules for our own property like we already do with the Franchise agreement and COAX in the past.
Attorney Marsh added yes rules as set with utilities that presently use your right of way.
Jean Davis noted that this attorney was used in the past for the Franchise agreement with COAX and he is knowledgeable.
Michael Amidon stated it is to generate revenue.
Attorney Marsh and Manager Jemetz stated no it is to reimburse for costs not to make revenue. If you are making revenue then it is a tax.
The Ordinance passed in its first reading by roll call vote of 5-0: H. Robert Cannell, absent; Michael Amidon, yes; Jean Davis, yes; Dennis Travis, absent; Gregory Lucas, yes; Clifford Allen, yes; and Mary Ann Horne, yes.
Manager Jemetz asked for a meeting to be set up for the Ordinance Review.
Personnel Committee: Robert Cannell was not present. It was noted that applicants needed to be interviewed and a meeting set up.
Solicitor’s Report:
Solicitor Marsh was present and reported he was working on several items including water bill dispute; Scotts Glen exemption sought; sewer treatment plant; Millersville Case; Waterline issue with new buyer; and antenna at water tower.
Clifford Allen stated that the Scotts Glen property if he had known they could apply and get exemption before they did construction he would of never voted for it.
Attorney Marsh stated that they can ask anytime if they could do it and he did not see how they fell into the classifications that could seek exemption. He would keep every abreast of the situation.
Jean Davis stated that Congressman English was the one who was very active to get us to pass the legislation for the HANDS development. Would it be helpful to contact Congresswomen Dahlkemper for her assistance? Manager Jemetz would contact her.
Manager: Manager Jemetz reported on the sewage plant project; Scotts Glen Subdivision; Hill Engineering is working on two storm sewer projects; 911 Center meeting last week and no hurry take on more; EUP sewer interim agreement is back from Harrisburg but still waiting for new agreement; Smart grant application still has no word on status; Knox Law Seminar tomorrow with Marie Lander and Councilman Cannell to attend; PSAB Breakfast attended; Beach Life Guards being reviewed; Utility Services to administer cellular antennae water tower being reviewed by Solicitor Marsh;
Emergency Management Planning; Trash review Sunday morning; bulk trash not a lot out; Watershed meeting April 30th; Big Event held 4/25 not much for Borough but a lot for residents; and John Groh will be out for surgery for repairs because of fall while inspecting this winter.
Manager Jemetz asked Council to consider adoption of Resolution 12-2009.
Clifford Allen moved adoption of Resolution 12-2009 as read:
Home Rule Borough of Edinboro
Resolution 12-2009
WHEREAS, The Residential Rental Tax is levied under the authority granted to the Borough by the Local Tax Enabling Act, Act of December 31, 1965, P.L. 1257, No. 511, as amended, 53 P.S. §6901 et seq., and pursuant to the powers of the Home Rule Borough of Edinboro; and
WHEREAS, The Residential Rental Tax imposed under Chapter 24 Part 7 of the Code of Ordinances shall be payable to the Borough by the Owner of each Residential Rental Unit which is the subject of a Lease Transaction. In the case of any Residential Rental Unit which is first the subject of a lease transaction after July 15, 2007, such tax shall be payable at the time of issuance of a Residential Rental License under Ordinance 535 Chapter 9, Housing, Residential Rental Unit Regulation, and thereafter on or before July 15 of each year as long as the Residential Rental Unit is the subject of a Lease Transaction; and
WHEREAS, said tax was imposed as authorized by statute to fund police and/or road construction and/or maintenance. The effect was to lessen the need to increase other taxes and/or reduce road construction and/or maintenance; and
WHEREAS, Act 130 of 2008 signed October 15, 2008 authorizes the continued levy of a tax on leases or lease transactions on those communities that established the Lease Tax prior to July 1, 2008; and
WHEREAS, The PA Commonwealth Court entered a judgment that upheld the Court of Common Please of Lancaster County, Civil Division regarding Lynnebrook & Woodbrook Assocs. V. Borough of Millersville; and
WHEREAS, the PA Supreme Court on December 17, 2008 reversed the appellate court’s judgment on Millersville Borough (Lancaster County); and
WHEREAS, The Council of the Home Rule Borough of Edinboro wishes to require no payments of the Residential Rental Lease Tax for the year 2009-2010 during further review by legal counsel; and
NOW, THEREFOR, BE IT RESOLVED by Council of Home Rule Borough of Edinboro, Erie County, Pennsylvania, assembled this 27th day of April, 2009, hereby authorizes the Borough Manager to prepare refunds for the year 2007-2009 Residential Rental Lease Tax, to waive payments of the said tax for the year 2009-2010, and to cancel plans for road construction and maintenance on Beech Street.
Jean Davis seconded the motion.
Clifford Allen asked if there was a reason to hesitate on this or go further. Attorney Marsh stated they would have an option after 2010.
The Resolution passed by 5-0 roll call vote: Jean Davis, yes; Dennis Travis, absent; Michael Amidon, yes; Gregory Lucas, yes; Clifford Allen, yes’ H.Robert Cannell, absent; and Mary Ann Horne, yes.
Manager Jemetz went on to point out the letters commending Sergeant Donahue which will be put in his personnel file. Also the work Benzie has been doing was in the packets.
Manager Jemetz stated that the Township was interested in bulk purchase of our water and they would work out an agreement. Also in the packets were the monthly Code Enforcement report; memo regarding the trash; advertisements for the reclamation of Cherry Street and advertisement for a generator.
COMMUNITY LIAISONS:
Mayor Horne asked if there were any reports.
Environmental Shade Tree Advisory Committee: Mayor Horne reported they would meet May 1st to work on trees.
PLCM: Clifford Allen reported on PLCM meetings and press conferences at the capital. Discussion followed on the legislation for 1% County sales tax.
JOINT PLANNING COMMISSION: Meeting May 13th. Questionnaires due back to Marie by April 30th.
WATERSHED ASSOCIATION: Meeting April 30th 7 p.m.
Being no other reports, Mayor Horne moved on to Communications.
COMMUNICATIONS\NEW BUSINESS:
.
AARP Tax aid program was completed and a letter was received thanking the Borough for the use of the workroom.
NEW BUSINESS:
Mayor Horne informed the Council that the 3 on 3 basketball was coming up and they requested use of the facilities again this year as done in the past. Jean Davis moved acceptance of the program for 2009 and Greg Lucas seconded. The motion passed 5-0.
Summer meetings were discussed and it was agreed to meet only the 1st meeting of the month May – August unless otherwise needed. Clifford Allen moved to accept this schedule and Jean Davis seconded. The motion passed by 5-0 voice vote.
Resolution 11-2009 was presented. It is modification by the Washington Township with DEP on the time line for the sewer plant expansion and since it is our contract we need to extend the date also. Clifford Allen asked if there would be penalties to the Borough. Manager Jemetz stated there would be no penalties to the Borough.
Clifford Allen moved adoption of resolution 11-2009 as follows:
HOME RULE BOROUGH OF EDINBORO
RESOLUTION 11-2009
RESOLUTION OF THE COUNCIL OF THE HOME RULE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA (hereinafter “Borough”).
WHEREAS, Section 5 of the Act of January 24, 1966, P.L. 1535, No. 537, known as the “Pennsylvania Sewage Facilities Act,” as amended, and the Rules and Regulations of the Department of Environmental Protection (hereinafter, “Department”) adopted thereunder, Chapter 71 of Title 25 of the Pennsylvania Code, requires municipalities to adopt an Official Sewage Facilities Plan providing for sewage services adequate to prevent contamination of waters and/or environmental health hazards with sewage wastes, and to revise said plan whenever it is necessary to meet the sewage disposal needs of the municipality, and
WHEREAS, a document titled Special Study to the Single Joint Act 537 Plan Update Revision, dated October 18, 2007, (hereinafter “Facilities Plan”) was adopted by Resolution No. 23-2007 of the Borough on October 22, 2007, and also by Resolution No. 23-07 of the Council of Washington Township (hereinafter “Township”) on October 24, 2007, and
WHEREAS, the Facilities Plan presents an alternative of choice to be implemented by the Township, which is to expand and upgrade the Edinboro sewage treatment plant at its present location to a capacity of 1.8 million gallons per day with its discharge to Conneauttee Creek to remain, convert the Township’s Angling Road sewage treatment plant to a pump station, and convey all wastewater from the Township to the expanded Edinboro plant via a force main through the Culbertson Hills Golf Course to near Sherrod Hill Road then by gravity to the Edinboro plant, and
WHEREAS, the Borough finds that the Facilities Plan described above and as modified herein conforms to applicable zoning, subdivision, other municipal ordinances and plans and to a comprehensive program of pollution control and water quality management, and
WHEREAS, the Facilities Plan contains an implementation schedule which lists May 29, 2009 as the date by which operation of the expanded Edinboro sewage treatment plant and conveyance of sewage from the Township’s Angling Road pump station would begin, and
WHEREAS, through no fault of either the Borough or the Township, the contractor hired to complete the expansion and upgrade of the Edinboro sewage treatment plant will not be completed in accordance with the contractor’s contractual substantial completion date of May 3, 2009 or in time to meet the implementation schedule of the previously adopted Facilities Plan.
NOW, THEREFORE, BE IT RESOLVED that the Council of Home Rule Borough of Edinboro, Erie County, Pennsylvania assembled this 27th day of April, 2009, hereby adopts a modified implementation schedule for the above referenced Facilities Plan, said modification providing for operation of the expanded Edinboro sewage treatment plant and conveyance of sewage from the Township’s Angling Road pump station by no later than November 30, 2009, as a revision to the official sewage facilities plan for the Home Rule Borough of Edinboro in accordance with the Pennsylvania Sewage Facilities Act and the regulations of the Department.
Greg Lucas seconded the motion and it passed 5-0 by the following roll call vote: Gregory Lucas, yes; Clifford Allen, yes; H. Robert Cannell, absent; Michael Amidon, yes; Jean Davis, yes; Dennis Travis, absent; and Mary Ann Horne, yes.
Clifford Allen moved for adjournment, and the meeting was adjourned at 7:40 P.M.
ATTEST:
_______________________________ _________________________________
Borough Manager Taras Jemetz Mayor Mary Ann Horne
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
April 27, 2009
· Payment of bills
· Minutes
· Payroll
· Adopted Ordinance 568
· 1st reading Ordinances 569, 570
· Resolution 11-2009 Sewer Plant extension by DEP
· Resolution 12-2009 Rental Lease Tax
· 3 on 3 basketball approved
· Not have 2nd meeting for May-August unless needed to allow for scheduling of vacation of staff and Council members
POSTPONED
1. Appointments to Environmental Shade Tree Advisory Committee & Civil Service Commission
UPCOMING MEETINGS:
May 11 1:30 p.m. Ordinance Review Committee
May 11 4:00 pm Finance Committee Meeting
May 11 5:00 p.m. Authority Meetings
May 11 6:30 p.m. Council Meeting
May 13 7:00 p.m. Joint Planning Commission
April 30 Watershed Annual Meeting
1. Contact Dahlkemper about Scotts Glen
2. Set up meeting of Ordinance Review
3. Set up meeting of Personnel Committee to interview
4. Advertise bid for generator
5. Advertise bids for reclamation Cherry St
6. Keep Council informed of recycling problems/repeat offenders
7. Remind PW That those working docks and in boat must wear life jackets
8. Put notes and letter about Officer Donahue in his file
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING AGENDA
April 27, 2009
6:30 p.m. Regular Meeting
I. Call to Order of the Regular Council Meeting by Mayor Horne
II. Roll Call: Clifford “Kip” Allen ____, Michael Amidon _____, H. Robert Cannell __, Jean Davis ____, Greg Lucas __, Dennis Travis ____, Mary Ann Horne __ Manager Taras Jemetz _____, Solicitor Marsh ____; and Marie Lander, Assistant to the Manager _____.
III. Approval of Minutes
· Regularly Scheduled Meeting of April 13, 2009
Action: Motion to approve minutes
IV. Public Participation –
A.
V. Old Business
1. Finance Committee/Pension Committee/ Negotiation Committee – Jean Davis Chair - Met April 27
a. Authorization to approve bills to be paid April 27
totaling $363,872.07_____
b. Authorization to approve payroll ending April 18 paid April 24, 2009 totaling $ 53,819.77
2. Ordinance Review Committee –Chair Kip Allen
A. Ordinance 568 – Prohibiting External Fuel Burning Appliances - ACTION final reading
B. Ordinance 569 - Ground Source Heat Pumps- 1st Reading
C. Ordinance 570 – Right of Way Ordinance – 1st Reading
3. Personnel Committee –Chair Robert Cannell
a) In Process of setting up meeting to review applications
1) Opening Environmental Shade Tree Advisory Committee
A) Application William P. Alexander
2) Opening Civil Service Commission
4. Public Safety –Chair Mary Ann Horne
5. Recreation/Lake/Environment –Chair Dennis Travis
6. Street, Buildings, and Grounds- Chair Greg Lucas
7. Committee of the Whole
C. Solicitor's Report:
1.
D. Management's Report:
1. Manager Jemetz - Monthly Report
2. Finance:
3. Personnel
4 Emergency Management
5. EVFD
6. Police – Monthly Report FYI
7. Employee Safety Committee
8. Code Enforcement/Planning/Zoning-
a) Monthly Report – FYI
b) Memo regarding trash/recycling – FYI
c) Resolution 12-2009 - ACTION
9. Public Works
a) Advertisement for bid for generator-FYI
10. Wastewater Collection & Treatment
a) Resolution 11-2009 - ACTION
11. Water System
D. Community Liaisons
1. EUP Liaison - Mary Ann Horne alt TJ
2. Environmental Shade Tree Advisory Committee – Mary Ann Horne
3. Erie County Planning Liaison – Robert Cannell alt TJ
4. EVFD Board Liaison – Michael Amidon
5. PLCM - Kip Allen alt TJ
6. Municipal & Water Authority – Jean Davis - Meeting May 11th
7. Washington Township Liaison - Jean Davis alt Greg Lucas
8. Watershed Association - Mary Ann Horne Annual Meeting April 30th
9. Joint Planning Commission – Greg Lucas - Meeting May 13th 7 p.m.
Questionnaires due back by April 30th
E. OTHER OLD BUSINESS:
A. AARP Tax Aide Program - FYI
VI. New Business
A. Approval of 3 on 3 basketball for 2009
B. Summer meetings
VII. Adjournment
2009 EDINBORO BOROUGH COUNCIL MEETINGS 6:30 p.m.
April 13, April 27, May 11, June 8, June 33, July 13, July 27, August 10 August 24, Sept 14, Sept 28, Oct 12, Oct 26, Nov 9 Nov 23, & Dec 14th
©Copyright June 2009