HOME RULE BOROUGH OF EDINBORO

COUNCIL MEETING MINUTES

             June 8, 2009

 

Call to Order:

Monday, June 8, 2009, the regularly scheduled meeting was called to order by Mayor Mary Ann Horne at 6:33 P.M.

Roll Call

The following Council members were present:  Clifford Allen, Michael Amidon, Greg Lucas, Jean Davis, Dennis Travis, and Mary Ann Horne.  Member absent was H. Robert Cannell.  Also in attendance was T. Jemetz, Borough Manager; Solicitor Marsh; and Marie Lander, Assistant to the Manager.  Guests included: Kathy Amidon; Todd Jay, EUP Athletics; and Amber Wellington of the Edinboro News.

Minutes:

Mayor Horne introduced the minutes from the Regular Council meeting held May 11, 2009.  Jean Davis moved for approval of the minutes as printed. Clifford Allen seconded, and the minutes were approved by a voice vote of 6-0.  

           

Public Participation:

Mayor Horne welcomed Todd Jay from EUP Athletics who was present regarding his request for road closing permit.  The soccer tournament will be the third and forth weekends of June.  They will close Perry Lane from the main parking lot at McComb to Darrow Road.  Saturday and Sunday are the busiest days and only a few games on Friday night.  Coaches are responsible for manning the barricades with walkie talkies.

Clifford Allen asked if they would have road closed a head signage and if Scott Drive would be open.  Todd informed them that the tournament has thousands of people and that there would be a road close ahead sign and Scott Drive would remain open.

Clifford Allen also asked if traffic could be controlled by the EUP police when they all leave the university.  Todd stated that the games are staggered to eliminate everyone leaving at once and the save on the cost of the police and traffic control.

Councilman Allen stated it would be for the public convenience if a police officer was stationed at 6N and 99 to coordinate traffic movement with Manager Jemetz and the Police Chief.  He asked that they again consider this so citizens will not be held hostage in their own town.  This is the only time we can discuss this is when the road closing permit comes before Council.  Todd Jay stated he would have them consider using fire police in future planning and he would relay this information.

Manager Jemetz stated that they have insurance coverage and they have noted they will have coverage at the barricades.

Clifford Allen moved to authorize the road closing as presented as long as they are properly manned and Michael Amidon seconded.  The motion passed by 6-0 voice vote.

 

Being no others wishing to speak, Mayor Horne moved on to old business.

 

OLD BUSINESS:

Committee Reports: 

Finance Committee:  Jean Davis stated that they had met today to review the bills and open purchase orders as well as on May 29th.   She motioned to approve the bills paid May 29th totaling $350,738.44 and those to be paid June 8, 2009 totaling $34,750.72 and Clifford Allen seconded.  The motion passed by 6-0 voice vote.  

 

Jean Davis moved approval of the payroll ending May 16 that was paid May 22, 2009 totaling $53,197.61 and the payroll ending May 30th and Paid June 5th totaling $57,045.73.   The motion was seconded by Greg Lucas and passed by 6-0 voice vote.

 

Jean Davis noted that at the Committee also discussed the tax collection committee; retention of records; auditor general audit of pensions 6/9 and safety committee audit June 17th.  Marie Lander will be preparing the June 30th first half budget comparisons and after it is reviewed we will decided if we need to meet to review the report in more detail as a Committee of the Whole or not.  The Finance Committee will meet next on June 22 at 4 p.m. to review bills.

 

Ordinance Review:  Clifford Allen introduced Ordinance 569 Ground Source Heat Pumps for its final reading and adoption.  He noted it was advertised and was available for review in the Borough office.  Clifford Allen moved adoption as follows: 

 

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;

 

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;

 

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 from 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.       Shall be prohibited.

 

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 shall include any food grade additive that is FDA approved coolant.

3.                                The use of methanol or other toxic substances that could endanger our water supply are prohibited.

4.                                Antifreezes shall be certified by their manufacturers (or the heat pump manufacturers) as suitable for the intended use and FDA approved.  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 from 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 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 from service, and the pipes are not removed from 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.

Motion seconded by Greg Lucas and discussion followed.

Ordinance passed by 6-0 roll call vote:  Clifford Allen, yes; H. Robert Cannell, absent; Michael Amidon, yes; Jean Davis, yes; Dennis Travis, yes; Gregory Lucas, yes; Mary Ann Horne, yes.

 

Clifford Allen proceeded to move adoption of Ordinance 570 the Right of Way Ordinance.  It has been advertised and a copy is available in the front office for review.    Greg Lucas seconded the motion.

Home Rule Borough of Edinboro

Ordinance 570

 

RIGHT-OF-WAY ORDINANCE

 

Section 1:               Purpose

The purpose of this Right-of-Way Ordinance (“Ordinance”) is to:

1.1           Assist the Borough in managing its Public Rights-of-Way with respect to Telecommunications Services providers in accordance with applicable law.

1.2     Regulate the erection, construction, reconstruction, installation, operation, maintenance, repair and removal of a Telecommunications System in, upon, along, across, above, over, under or in any manner connected with the Public Rights-of-Way, of the Borough, as now or in the future may exist; and

1.3     Provide the Borough with appropriate compensation for occupation and use of the Borough's Rights-of-Way for a Telecommunications System and for the cost of regulating providers of Telecommunications Services consistent with this Ordinance and applicable law.

 

Section 2:               Singular Point of Contact

2.1     The Borough Manager, or that Borough Manager’s designated representative, shall serve as the single point of contact within the Borough for all Persons regulated under this Section.

2.2     The Borough Manager shall coordinate all contacts with other Borough departments as necessary to facilitate issuance of any and all permits required by the Edinboro Borough Code of Ordinances.

2.3     The Borough Manager shall coordinate the preparation of all policies and forms as necessary for the implementation of this Ordinance with the approval of the Borough Council.

 

Section 3:               Definitions 

Unless the context specifically indicates otherwise, the meaning of the terms used in this Ordinance shall be as follows:

(1)           “Applicant” means the Person who has applied for a Right-of-Way Permit or a Construction Permit.

(2)           “Application” means the form prescribed by the Borough, which the Applicant must complete in order to obtain a Right-of-Way or Construction Permit.

(3)           “Construction” means the building, erection, or installation in, on, over or under a Right-of-Way.  It does not include maintenance or repair of existing aerial cables or equipment in a Right-of-Way or a single line extension from equipment in the Right-of-Way.

(4)           “Construction Permit” means the written authorization granted by the Borough to an Applicant in order to perform construction in a Right-of-Way.

(5)           “Emergency” means a condition that poses a clear and immediate danger to life or health, or significant loss of property.

(6)           “Equipment” means any tangible property located or proposed to be located in a Right-of-Way, including, but not be limited to, wires, lines, cables, conduits, pipes, supporting structures or other facilities.

(7)           “Maintenance” means work of a minor nature that will keep an existing condition from failure or decline.

(8)           “Permit Holder” means the Person who has obtained a Right-of-Way Permit.

(9)           “Person” means any individual, firm, partnership, association, corporation, company or other business entity.

(10)         ”Right-of-Way” or “Public Right-of-Way” means the surface and space in, on and above any real property in which the Borough has an interest in law or in equity, including, but not limited to, any public street, boulevard, avenue, road, highway, easement, freeway, alley, court or any other place, other than real property owned in fee by the Borough.

(11)         “Restore” or “restoration” means the process by which a Right-of-Way is returned to a state that is as good or better as its condition before construction.

(12)         “Right-of-Way Permit” or “Permit” means a written authorization granted by the Borough to an Applicant for use of the Rights-of-Way in the Borough for wires, lines, cables, conduits, pipes, supporting structures and other facilities.

(13)         “Telecommunications” means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in form or content of the information sent and received.

(14)         “Telecommunications Services” means the offering of telecommunications for a fee directly to the public, or to users who will make telecommunications available directly to the public, regardless of the facilities used.

(15)         “Telecommunications System” means a system that offers Telecommunication Services.

(16)         “Underground equipment” means all equipment that is located wholly or partially underneath a Right-of-Way.

 

Section 4:               Requirement for a Right-of-Way Permit

4.1           No Person shall enter upon or occupy any Right-of-Way for the purpose of installing, constructing, maintaining or operating a Telecommunications System without first having obtained a Right-of-Way Permit.  Any person maintaining or operating a Telecommunications System as of the Effective Date of this Ordinance shall also obtain a Right-of-Way Permit.

4.2           Before a Right-of-Way Permit is issued, the holder of or Applicant for a Right-of-Way Permit shall have applied for any and all regulatory approvals, permits or authorizations from the appropriate federal and state authorities.  Upon the request of the Borough, the Applicant shall submit written evidence of its applications for or receipt of all such approvals, permits or authorizations.

4.3           Nothing in this Ordinance shall be construed as a waiver of any other ordinances or regulations of the Borough or the Borough’s right to require prospective or current Right-of-Way Permit Holders to secure and remit payment for any and all other required permits or authorizations.

 

Section 5:               Application for a Right-of-Way Permit

 

5.1           A Right-of-Way Permit shall only be granted after an Applicant has completed an Application in the form that has been prescribed by the Borough, which form may be revised from time to time.  Upon request, an Applicant shall be provided with a copy of the then current Application for a Right-of-Way Permit.  The Application shall request information regarding the Applicant’s proposed or actual physical use and occupation of the Rights-of-Way.  The Applicant shall provide specific information regarding the equipment it proposes to place or currently maintains in the Rights-of-Way.  If the completed Application does not fully provide such requested information, the Borough may request such additional information as is necessary to enable it to make a determination regarding the physical use and occupation of the Rights-of-Way by the Applicant.  The Application may request less information from a Permit Holder applying for a renewal of a Right-of-Way Permit.

5.2           Upon submission of a fully completed Application to the Borough and the accompanying fee, the Borough shall review the Application as follows.  The Borough shall grant or deny such Applications within sixty (60) days of its receipt.  If the Borough denies the Application, it shall provide a written response to the Applicant explaining the basis for denial.  If the Borough fails to grant or reject such Application within the time period specified above, the Application shall be deemed approved.  In each case, the Borough shall review the Application to determine whether such use would have a detrimental effect on public safety as it relates to the Rights-of-Way or would place an undue physical burden on the Rights-of-Way.

5.3           In considering an Application, the Borough may use such outside experts as it deems necessary to assist in determining whether the use proposed by the Applicant would have a detrimental effect on the Right-of-Way or the health, safety and/or welfare of the residents of the Borough.  In the event the Borough deems it necessary to employ an outside expert or experts to advise the Borough with respect to a particular Application, the reasonable costs of such expert or experts shall be borne by the Applicant.

 

Section 6:               Duration and Suspension of Right-of-Way Permit

6.1           The Right-of-Way Permit shall be issued for a period of one year.  Permit Holders shall apply for a renewal of a Right-of-Way Permit at least sixty (60) days prior to its expiration.  The Borough may suspend such Right-of-Way Permit in the event any one or more of the following has occurred:

a.             The Permit Holder shall have caused damage to Borough property or the Right-of-Way without the prior consent of the Borough (except in the case of an Emergency) and without completing proper Restoration;

b.             The Permit Holder or the Permit Holder’s equipment in the Right-of-Way has had a detrimental effect on public safety as it relates to the Permit Holder’s use of the Rights-of-Way.

c.             The Permit Holder failed to pay any of the fees required under this Ordinance;

d.             The Permit Holder failed to comply with construction standards in accordance with the provisions contained in Section 11 below.

e.             The Permit Holder failed to indemnify, hold harmless and insure the Borough in accordance with the provisions contained in Section 12 below.

f.              The Permit Holder failed to procure and/or maintain a performance or construction bond for the benefit of the Borough in accordance with the provisions contained in Section 15 below.

g.             The Permit Holder provided false, incomplete or misleading information on the Right-of-Way or Construction Permit Application.


 

6.2           If the Borough has reason to believe that one or more of the above events has occurred, it shall notify the Permit Holder in writing.  The Permit Holder shall have thirty (30) days to cure the violation, unless the Borough reasonably determines that the event is an Emergency, in which case the Borough may impose a shorter time period to cure the violation.

6.3           If the Permit Holder fails to cure the violation within the specified time period, the Borough may immediately suspend the Right-of-Way Permit.  A suspension shall be brought to the attention of the Borough Council at its next meeting at which time the Borough Council shall be permitted to uphold or withdraw the suspension.  The Permit Holder shall be provided an opportunity to be heard at such meeting.

 

Section 7: Requirement for a Construction Permit

7.1           Except in the case of an Emergency, before commencing any Construction in the Rights-of-Way, a Person shall apply for and obtain a Construction Permit.  A Construction Permit shall only be granted after an Applicant has completed an Application in the form that has been prescribed by the Borough, which form may be revised from time to time.  Upon request, an Applicant shall be provided with a copy of the current Application for a Construction Permit.  Such Application shall request detailed plans of the proposed Construction activity.  Such plans shall describe:  (1) the type of Construction activity; (2) the equipment proposed to be installed or erected; (3)  the specific locations of the construction activity; and, (4) the scheduled beginning and ending dates of all planned construction. 

7.2           Upon submission of all such information required in Section 7.1 above, the Borough shall review such information and either grant or deny a Construction Permit within sixty (60) days.  If the Borough denies the Construction Permit application, the Borough will provide a written response to the Applicant explaining the basis of the denial.  If the Borough fails to grant or deny the Construction Permit within the time period specified above, the Application shall be deemed granted.  In each case, the Borough shall review the Application to determine whether such construction would have a detrimental impact on public safety as it relates to the Rights-of-Way.  The Borough may impose conditions on the Construction Permit regulating the times, locations, and manner of construction to preserve effective traffic flow, prevent hazardous road conditions and/or minimize noise impacts.

 

Section 8:               Fees and Expenses

8.1           Each new Applicant for a Right-of-Way Permit shall include with its Application an application fee in the amount of Five Hundred Dollars ($500).  This fee is directly related to the Borough’s costs in reviewing the Application (excluding expert costs) and managing the Rights-of-Way with respect to each Permit Holder.  Such costs in managing the Rights-of-Way include, but are not limited to:  (1) costs of maintaining the Rights-of-Way; (2) costs of degradation of streets and Right-of-Way property; (3) administrative costs related to the Rights-of-Way; and (4) inspection costs.  This fee will not be refunded in the event the Application is denied.  If the Application is granted, the Application fee will apply to the full term of the Right-of-Way Permit of one year. 

8.2           Each existing Permit Holder applying for a renewal of its Right-of-Way Permit shall include with its Application an annual fee in the amount of Two Hundred Fifty Dollars ($250).  This fee is directly related to the Borough’s costs in managing the Rights-of-Way with respect to each Permit Holder.  Such costs include, but are not limited to:  (1) costs of maintaining the Rights-of-Way; (2) costs of degradation of streets and Right-of-Way property; (3) administrative costs related to the Rights-of-Way; and (4) inspection costs.  This fee will not be refunded in the event the Application is denied.  If the Application is granted, the Application fee will apply to the full term of the Right-of-Way permit of one year.

8.3           Each Applicant for a Construction Permit shall include with its Application an application fee in the amount of One Hundred Fifty Dollars ($150).  This fee is directly related to the Borough’s costs in reviewing the application and determining time, place and manner restrictions on the construction activity.  If the Application for a Construction Permit is denied, this fee shall not be refunded.  If the Application is granted, then the Applicant shall also pay, within thirty (30) days of the presentation of a statement, the Borough’s actual costs directly related to the Applicant’s Construction activity based on the hourly rate established by Resolution of the Borough Council.  Such actual costs include, but are not limited to, costs of disruption and rerouting of traffic, inspection costs and administrative costs.

8.4           Extraordinary Expenses.  In addition to the fees set forth above, a Permit Holder shall pay, within thirty (30) days of the presentation of a statement, any extraordinary or unusual expenses reasonably incurred by the Borough as a result of the Permit Holder’s use of the Rights-of-Way, provided that the Borough notifies the Permit Holder of the expected expenses prior to them being incurred and provides the Permit Holder with an opportunity to mitigate such expenses.  Examples of extraordinary or unusual costs include, but are not limited to, the cost of obtaining and operating a backhoe, dump truck or other heavy equipment used to repair the Right-of-Way, overtime or special pay for public safety personnel and/or the cost of hazardous waste cleanup or other emergency services.  The statement of such expenses presented to the Permit Holder shall be directly related to the Borough’s actual costs.

8.5           In the event that payment of any of the fees identified above is not made upon submission of the Application or by the date due, the Applicant or Permit Holder shall pay a late payment penalty of interest at two percent (2%) per month of the total amount past due.  Such penalty shall be in lieu of any other monetary penalty.  Acceptance of payment under this Section shall not in any way limit or waive the Borough’s right to suspend or terminate the Permit according to the terms of this Ordinance.

 

Section 9:               Management of the Rights-of-Way

9.1           The Borough shall have the right to limit the placement of new or additional equipment in the Right-of-Way if there is insufficient space to reasonably accommodate all requests to occupy and use the Rights-of-Way.  The Borough shall consider requests for occupying and using the Rights-of-Way in the order of receipt of fully completed Applications for Right-of-Way Permits.  The Borough shall strive, to the extent possible, to accommodate all requests, but shall be guided by the physical condition of the Right-of-Way and whether such use would have a detrimental effect on public safety as it relates to the Right-of-Way.

9.2           The Borough shall have the right to monitor the Telecommunications Systems and the equipment related thereto located in the Rights-of-Way in order to prevent interference between and among such Systems and equipment.

9.3           A Permit Holder shall allow the Borough to make inspections of any part of the Permit Holder’s Telecommunications System located in the Rights-of-Way at any time upon three (3) days notice, or, in case of an Emergency, upon demand.

 

Section 10:             Construction Standards

10.1         Whenever a Permit Holder or any of its subcontractors shall disturb any pavement, sidewalk or other public property in order to perform any underground activities, the Permit Holder will fully comply by registering with Pennsylvania’s “One Call” system pursuant to 73 P.S. §176 et seq.  Such Permit Holder shall provide the Borough with information showing planned locations and reference points for equipment to be installed.  Each Permit Holder shall perform construction activity in a manner consistent and in compliance with the detailed plans it submitted to the Borough pursuant to Section 7.1 above and all applicable federal, state and local laws and regulations.

10.2         Whenever a Permit Holder or any of its subcontractors shall cause damage to the Right-of-Way or to Borough property in the Right-of-Way, the Permit Holder shall restore such Right-of-Way or property within thirty (30) days, weather permitting, of the occurrence of the damage.  In the event that the Permit Holder fails to restore the Right-of-Way or Borough property to its former condition, the Borough may repair such damage and assess all such costs of such repair to the Permit Holder.

10.3         The Telecommunications System shall not endanger or interfere with the safety of persons or property within the Borough.  All operating, maintenance, construction and repair personnel shall be thoroughly trained in the safe use of all equipment and in the safe operation of vehicles.  Such personnel shall follow all safety procedures required by applicable federal, state and local laws and regulations.  The Permit Holder shall routinely inspect and maintain all areas of the Telecommunications System so that conditions that could develop into safety hazards shall be corrected before they become a hazard.

10.4         Except in the case of an Emergency, at least three (3) days prior to the commencement of any construction activity, the Permit Holder shall notify nearby residents of such construction activity in a manner that is satisfactory to the Borough.  The name of the Permit Holder shall be clearly disclosed to such residents.

10.5         All construction activity shall be performed in an orderly and workmanlike manner, and in close coordination with public utilities serving the Borough following accepted industry construction procedures and practices.

10.6         All wires, cables and other equipment shall be installed, where possible, parallel with electric and telephone lines, and multiple cable configurations shall be arranged in parallel and bundles with due respect for engineering considerations.

10.7         All wires, cables and other equipment shall be installed underground where required by municipal ordinance or regulation consistent with the same requirement being imposed on all other similarly situated companies, including all public utilities.

 

Section 11:             Indemnification and Insurance

11.1         A Permit Holder shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising out of the Permit Holder’s use or occupancy of the Rights-of-Way.  A Permit Holder shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the Permit Holder’s use or occupancy of the Rights-of-Way.  The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys’ fees, reasonable expert fees, court costs and all other costs of indemnification.

11.2         A Permit Holder shall, at all times during the life of a Permit, carry itself and require all of its subcontractors to carry liability, property damage, worker’s disability, and vehicle insurance issued to the Permit Holder by an insurance company licensed to do business in the Commonwealth of Pennsylvania in an amount and form acceptable to the Borough as set forth in the Permit.   A Permit Holder shall name the Borough as an additional insured on its liability insurance policies for whom defense will be provided as to all such coverages.  All required insurance coverage shall provide for thirty (30) days notice to the Borough in the event of material alteration or cancellation of such coverage prior to the effective date of such material alteration or cancellation.  A Permit Holder shall provide appropriate insurance certificates to the Borough within thirty (30) days after the execution of a Permit and annually with an application for a Renewal Permit.  Any certificate of insurance presented to the Borough shall verify that the Applicant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the Applicant's use and occupancy of the Rights-of-Way.

11.3     In lieu of the certificate of insurance required under Section 12.2, proof of self-insuring status that demonstrates adequate financial resources to defend and cover any and all potential claims will be acceptable to the Borough.

 

Section 12:             Reporting Requirements.

12.1         A Permit Holder shall annually provide the Borough, upon Application for renewal of the Permit, or upon request, a current map of the locations of its existing equipment and facilities and a summary of all additions and deletions of equipment and facilities in the Rights-of-Way, unless no changes have occurred in the previous year.  If no changes have occurred in the previous year, the Permit Holder shall so inform the Borough in writing.

12.2         A Permit Holder shall submit to the Borough such reasonable information directly related to the Permit Holder’s use and occupation of the Rights-of-Way as the Borough may request.  All information provided to the Borough shall be maintained by the Borough as proprietary and confidential if such information is designated in good faith as such prior to the time it is provided to the Borough.

 

Section 13:             Sale or Transfer of Rights of Permit Holder

A Right-of-Way Permit may be transferred or assigned provided that the transferee/assignee agrees in writing, prior to the transfer or assignment, to comply with all of the obligations and requirements contained in this Ordinance.  The transferee/assignee shall notify the Borough in writing at least thirty (30) days prior to the transfer or assignment.

 

Section 14:             Performance Bond

14.1         All Persons submitting a request for a Permit to construct or maintain a Telecommunications System in accordance herewith shall file with their request a bond solely for the protection of the Borough with a surety company or trust company as surety in an amount determined by the Borough Council.  The bond shall ensure the Permit Holder’s faithful performance of its obligations contained in this ordinance.  The bond shall be a continuing obligation during the entire term of any Right-of-Way Permit or Construction Permit issued in accordance herewith.

14.2         None of the provisions of this Section 14, nor any bond accepted by the Borough pursuant hereto, nor any damages recovered by the Borough thereunder shall be construed to excuse the faithful performance by or limit the liability of the Permit Holder under this Ordinance or any Permit issued in accordance herewith or for damages either to the full amount of the bond or otherwise.

 

Section 15:             Termination

15.1         In addition to all other rights and powers reserved by the Borough, the  Borough reserves the right to terminate a Permit and all rights and privileges of a Permit Holder for any of the following reasons:

a.             A Permit Holder fails, after thirty (30) days prior written notice, to comply with any of the material provisions of the Permit or this Ordinance;

b.             A Permit Holder attempts to or does practice any fraud or deceit in its conduct or relations with the   under the Permit;

c.             The Borough condemns all of the property of a Permit Holder within the Borough by the lawful exercise of eminent domain;

d.             The Permit Holder abandons the Telecommunication System.

15.2         No termination shall be effective unless and until the Borough Council shall have adopted a Resolution setting forth the cause and reason for the termination and the effective date, which Resolution shall not be adopted without thirty (30) days prior notice to the Permit Holder and an opportunity for the Permit Holder to be heard and to present evidence before the Borough Council on the proposed Resolution.

 

Section 16:             Removal

16.1         Upon expiration or termination of the Permit, if the Permit is not renewed, the Permit Holder shall, upon sixty (60) days prior written notice to the Permit Holder, commence to remove its equipment from the Rights-of-Way and shall Restore said areas.  If such removal is not completed within six (6) months of such notice, the Borough may deem any property not removed as abandoned and the Borough may remove it at the former Permit Holder’s expense.  In the event that the Permit Holder installed and/or operated any underground conduit or pipe which is six inches (6") or more in diameter, the Permit Holder shall fill said conduit or pipe with material in a manner satisfactory to the Borough.

16.2         During the term of the Permit, if the Permit Holder decides to abandon or no longer use all or part of its Telecommunications System, it shall provide the Borough with written notice of its abandonment at least thirty (30) days prior to such decision, which notice shall describe the equipment and its location. 

16.3         The Borough may request the Permit Holder to declare the Permit Holder’s intention as to abandonment to all or part of the Telecommunication System during the term of the Permit.  The Permit Holder shall respond to such request within sixty (60) days or such portions of the Telecommunications System shall be deemed abandoned. 

16.4         The Borough shall have the right to require the Permit Holder to commence to remove the abandoned Telecommunications System in part or in total upon sixty (60) days prior written notice to the Permit Holder.  If such removal is not completed within six (6) months of such notice, the Borough may remove it at the Permit Holder’s expense.

 

Section 17:                     Penalty

                If the Borough has reason to believe that the Permit Holder violated any of the terms of this Ordinance, it shall notify the Permit Holder in writing of the nature of the violation and the section of this Ordinance that it believes has been violated.  Except in the case of an Emergency, the Permit Holder shall have thirty (30) business days to cure the violation.  If the nature of the violation is such that it cannot be fully cured within such time period, the Borough may, in its reasonable judgment, extend the time period to cure.  If the violation has not been cured within the time period allowed, it shall be subsequently punishable by a fine of up to Two Hundred Dollars ($200.00) per day until the violation is cured.  In the case of an Emergency which is discovered by the Borough or reported to the Borough, the Borough shall notify the Permit Holder’s via the Permit Holder’s emergency telephone number.  In the event that the Permit Holder does not repair the Emergency within six (6) hours, the Borough may repair the Emergency at the Permit Holder’s expense.

Section 18: Police Powers

The Borough, by granting any Permit under this Ordinance, does not waive, lessen, impair or surrender the lawful police powers vested in the Borough under applicable federal, state and local laws pertaining to the regulation or use of the Rights-of-Way.

 

Section 19:             Severability

If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not render this Ordinance invalid.

 

Section 20:             Equal Application

The provisions of this Ordinance shall be imposed upon and enforced against all Persons requiring a Permit for the provision of Telecommunications Services or Construction of a Telecommunications System within the Borough.

NOW THEREFORE BE IT ENACTED that the Edinboro Borough Council does hereby approve this Right-of-Way Ordinance, including all of the terms and conditions contained herein.

 

Enacted and Ordained this ____ day of ________________, 2009.

 

Discussion followed.  Mayor Horne noted that this was an ordinance drafted by a lawyer.

Michael Amidon stated there were too many ordinances.  This is not a way to generate revenue. 

Clifford Allen informed him it is not general citizens it is for those who place wires in our right of way. 

Manager Jemetz also noted that it doesn’t generate revenue it only pays the expenses which in turn is paying back the taxpayers for the time of the Code Enforcement Officer and Manager to administer the right of way.

            Clifford Allen stated this is how all municipalities do business.

            Jean Davis explained how ordinances were codified every 10 years and reviewed.

            Michael Amidon felt the Code Enforcement Officer has fallen asleep on this item.

            Jean Davis stated they did all they could to keep order the ordinances.

The Ordinance passed roll call vote of 5-1: H. Robert Cannell, absent; Michael Amidon, no; Jean Davis, yes; Dennis Travis, yes; Gregory Lucas, yes; Clifford Allen, yes; and Mary Ann Horne, yes.

 

Clifford Allen stated to complete the agenda for the Ordinance Review Committee he requested that Council give comments and review of the recycling/garbage ordinance to the Committee. 

Manager Jemetz stated that they had a couple comments from John Groh but he was out on surgery leave.

Mayor Horne stated she like the summary offense instead of a civil offense as discussed last meeting by Manager Jemetz.

Clifford Allen stated they will look at easier ways to give the Code Enforcer the capabilities to monitor and get people to comply.  Also renters and homeowner of a rental property need to be notified. 

Greg Lucas asked if John Grove would be back on Wednesday and Manager Jemetz stated he would not know until he went to the doctors tomorrow.

 

MANAGEMENT REPORT:

            Manager Jemetz reported on the sewage plant project progress and currently in dispute on time extensions.  Matter regarding Hands and the Erie County Assessment has not been heard as of this date.  Advertisement on June 5th for the Willow Street storm sewer Project (CDBG) bids are due June 30th.  Geothermal grant for the municipal building is cost prohibitive, since this building uses a low amount of energy and we will look into the sewer plant use of geothermal. 

            Jean Davis moved to authorize the Manager to sign any grant application documents needed.  Greg Lucas seconded. 

Discussion followed:  Michael Amidon felt other forms of energy efficient options would be more cost effective.  Manager Jemetz stated that Geo Thermal makes the most sense in our environment.  We have insulation in attic and walls and new windows in the building. 

The motion passed by 6-0 voice vote.

 

            Manager Jemetz went on to state nothing new was known about the Aspen Way flooding.  Weed spray in the lake took place June 2nd.  Life guards are continuing dependent on budget.  Grant applied for at Dahlkemper’s office which was same as safe routes to schools has not been awarded.  Attorney Marsh is working on a contract for use of the water tower instead of being administered by Utility Services.  Bulk water agreement with Washington Township is being worked on by staff before going to Solicitor Marsh for review.  Town Gown meeting is June 9th; Lake & Industry audit is June 17th; PLCM is June 24-26; LEMC all day training was June 6th.

 

            Clifford Allen informed Manager Jemetz that PLCM sent him a packet on the resolutions for the Annual Business Meeting that should of went to Mr. Cannell.  Marie would contact PLCM.  Lit would be in the Assistant to the Manager’s Office until Friday for anyone wishing to review.

 

            Dennis Travis asked about the trees at Edinboro Inn.  Wondered it we were going to clean it up.  It was noted that we can not direct them to remove stumps only ask.

 

            Michael Amidon stated the Lake was sprayed June 2nd and foam on the west brake wall and dead fish.  Manager Jemetz stated that the fish and debris had nothing to due with the spraying.  The fish commission thinks it was lack of oxygen.  Brian Zimmerman of the Watershed Association felt that the lake flipped with the cold weather and it didn’t mix fast enough causing lack of oxygen for the fish.  Michael Amidon asked what would be done about the foam.  Manager Jemetz stated it was a natural lake and with the Township plant no longer discharging into it, it is become cleaner water.  Mayor Horne stated and too many zebra muscles from the clean water.

 

Manager Jemetz introduced the two CDBG advertisements for the Willow Street storm sewer project.

 

Mayor Horne introduced resolution 14-2009 as follows:

Home Rule Borough of Edinboro

RESOLUTION  14 - 2009

 

A RESOLUTION OF BOROUGH COUNCIL, OF THE HOME RULE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA, DECLARING ITS INTENT TO FOLLOW THE SCHEDULES AND PROCEDURES FOR DISPOSTION OF RECORDS AS SET FORTH IN THE MUNICIPAL RECORDS MANUAL APPROVED ON December 16, 2008 amending manual approved on JULY 16, 1993.

 

WHEREAS, a Local Government Records Committee was created by Act 428 of 1968 and empowered thereby to make rules and regulations for records disposition; and,

 

WHEREAS, the Municipal Records Manual was approved by said Committee on July 16, 1993 and as an updated Municipal Records Manual was approved on December 16, 2008; and

 

WHEREAS, Home Rule Borough of Edinboro, Erie County, desires to dispose of records according to statutory requirements;

 

NOW, THEREFORE, BE IT RESOLVED by Council of the Home Rule Borough of Edinboro, Erie County, Pennsylvania, that it intends to follow the schedules and procedures for disposition of records as set forth in the Municipal Records Manual approved on December 16, 2008 and any amendments or revisions of the Municipal Records Manual hereafter.

 

RESOLVED, by the Borough Council of the Home Rule Borough of Edinboro at a meeting held on the 8th day of June, 2009.

 

Clifford Allen moved adoption of Resolution 14-2009 and seconded by Greg Lucas seconded the motion.  This is a house cleaning item to update which Municipal Records Manual we are following.  The motion passed by 6-0 roll call vote:  Jean Davis, yes; Dennis Travis, yes; Michael Amidon, yes; Gregory Lucas, yes; Clifford Allen, yes; H. Robert Cannell, absent; and Mary Ann Horne, yes.

 

            Mayor Horne went on to introduce Resolution 13-2009 regarding appointing delegates to the Erie County Tax Collection Committee as follows:

Home Rule Borough of Edinboro

TCC Delegate Appointment Resolution

Resolution 13-2009

 

Background.  Act 32 § 505(b) requires the governing bodies of school districts, townships, boroughs, and cities to appoint one voting delegate and one or more alternate delegates to be their Tax Collection Committee (TCC) representatives.  The purpose of this resolution is to appoint the required delegates.  The appointed individuals have consented to appointment.

 

RESOLVED, by the governing body of the Home Rule Borough of Edinboro, that the following individuals are appointed as TCC delegates for the borough:

 

1.                    Primary voting delegate:                         Marie Lander, Assistant to the Manager

2.                    First alternate voting delegate:                Taras Jemetz, Borough Manager

3.                    Second alternate voting delegate:            Jean Davis, Chair Finance Committee

4.                    If the primary voting delegate cannot be present for a TCC meeting, the first alternate voting delegate shall be the representative at the TCC meeting.  If both the primary voting delegate and the first alternate voting delegate cannot be present for a TCC meeting, the second alternate voting delegate shall be the representative at the TCC meeting.

5.                    These appointments are effective immediately and shall continue until successors are appointed.  Delegates shall be appointed each year in November or December or as soon thereafter as possible.  All delegates shall serve at the pleasure of this governing body and may be removed at any time.

NOW, THEREFOR, BE IT RESOLVED by Council of Home Rule Borough of Edinboro, Erie County, Pennsylvania, assembled this 8th ay of June, 2009, hereby appoint the above and instruct the Manager to notify the above and Erie County Executive of these appointments.

 

Clifford Allen moved and Greg Lucas seconded the motion, which passed by 6-0 roll call vote:  Dennis Travis, yes; Gregory Lucas, yes; Clifford Allen, yes; H. Robert Cannell, absent; Michael Amidon, yes; Jean Davis, yes; and Mary Ann Horne, yes.

 

                Mayor Horne stated that the police report was in the packets and asked if there were any questions.  Being none, she asked if there were any questions on the Code Enforcement/Planning/Zoning report for April and May.

 

            Mayor Horne introduced the bid for the electrical generator system equipment.  It was noted that there was only one bid from Cummings Bridgeway, LLC of Pittsburgh, PA for $33,800 and the Engineer and management recommended accepting the bid since they are the sole supplier of ONEN generators.  This would be for the municipal building and the water department. 

Jean Davis moved acceptance of the bid and to award the bid to Cummings Bridgeway, LLC of Pittsburgh, PA for $33,800. and Michael Amidon seconded.  The motion passed by 6-0 voice vote.

                               

COMMUNITY LIAISONS:

 

            ENVIRONMENTAL SHADE TREE ADVISORY COMMITTEE:  Mayor Horne stated that Dave Masters and she would administer a grant they are working on to get trees.

           

EVFD BOARD LIAISON:  A letter from the EVFD was received regarding the Board Liaison.  Mayor Horne asked Council’s approval for the Mayor to replace Michael Amidon on this position.  Jean Davis moved and Greg Lucas seconded and the motion passed by 6-0 voice vote.

 

PLCM:  Clifford Allen reported that the resolutions at the conference could have an effect on the Borough and that everyone should read them.

 

MUNICIPAL AND WATER AUTHORITY:  Jean Davis stated that the Manager’s report covered what the Authority discussed.  The Authority also approved payment of bills pending remittance and approval by the Washington Township Sewer Authority.

 

JOINT PLANNING COMMISSION:  Greg Lucas reported they met May 13th with Manager Jemetz; Billie Fitzsimmons; and himself present for the Borough.  Gentleman from the Corry Industrial Development talked on trends and funding. The news was grim regarding funding except for education and health care companies that were thriving.  The survey of 2004 was compared to survey of 2009.  Draft plan to study merger of authorities was voted down by the Commission.  Next meeting is Wednesday June 10th at 7 p.m.

 

Being no other reports, Mayor Horne moved on to Communications.

 

COMMUNICATIONS\NEW BUSINESS:

.

            Letter from Thomas Mathie addressed to Councilman Allen was received regarding ordinance on trash and summary offence.  The Ordinance review committee is reviewing the ordinance presently.  He felt that people who are out of town need to be friendly with their neighbors and ask them to help take the trash out.  Michael Amidon felt this is to punish out of town people and it should be done by case by case basis.  They could call the office and make a request to leave it out early or leave late because they are out of town.  Clifford Allen felt if they had time to call the office they could call their neighbor.  This is not to punish but to have a beautification.  Mr. Allen would contact Mr. Mathie and thank him for his comments.

 

Letter from Aria Gwynn regarding cable station request was also received.  She would like a special station CSpan II.  Manager Jemetz stated he asked COAX to see if it was possible.  If it was popular and was supported by a petition request with people willing to increase the cost or to loss another chancel to gain this one it would be considered.  Marie Lander would respond to Ms. Gwynn.

 

 

NEW BUSINESS:

           

Being no new business, Mayor Horne asked for a motion to adjourn.

Adjournment:

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

June 8, 2009

 

COUNCIL APPROVED:

·        Payment of bills 

·        Minutes

·        Payroll

·        Road Closing EUP 619-21 and 6/26-6/28 approved

·        Bid award Generator – Cummins Bridgeway $33,800

·        Final reading Ordinances 569 - Geothermal

·        Final Reading Ordinance 570 – Right of Way

·        Resolution 13-2009 TCC committee

·        Resolution 14-2009 Retention Records manual

·        Authorize Manager to sign grant applications as needed

·        Mary Ann Horne appointed liaison for EVFD Board replacing Michael Amidon

 

POSTPONED

1.      Appointments to Environmental Shade Tree Advisory Committee

UPCOMING MEETINGS:

June 10  7:00 p.m. Joint Planning Commission

June 22  4:00 pm  Finance Committee Meeting

July 13  4:00 p.m. Finance Committee Meeting

July 13  5:00  p.m. Authority Meetings

July 13  6:30 p.m. Council Meeting

July 8    7:00 p.m. Joint Planning Commission

 

MANAGEMENT INSTRUCTED TO:

1.      Letter to award generator bid

2.      Marie to respond to AfiaGwynn

3.      Kip to respond to Thomas Mathie

4.      Manager to sign grant applications as needed

5.       

 

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING AGENDA

                                                June 8, 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 May 11, 2009    

 Action: Motion to approve minutes

 

IV.               Public Participation –

A.     Jay Todd, EUP – regarding road closing permit – Soccer Camp

B.      

 

 

V.        Old Business

A.  Committee Reports –

1.       Finance Committee/Pension Committee/ Negotiation Committee – Jean Davis Chair - Met May 29th and June 8

a.       Authorization to approve bills to be paid May 29th           

totaling $139,728.14 and those paid June 8th totaling $_34,750.72__________

 

b.      Authorization to approve payroll ending May 16  paid May 22, 2009 totaling  $ 53,197.61    & Payroll ending May 30 Paid June 5 totaling $ 57,045.73            

 

 

2.      Ordinance Review Committee –Chair Kip Allen 

Committee Minutes

A.  Ordinance 569 - Ground Source Heat Pumps- Final Reading

B.  Ordinance 570 – Right of Way Ordinance – Final Reading

           

3.   Personnel Committee –Chair Robert Cannell

                              1) Opening Environmental Shade Tree Advisory Committee

                                          A)  Application William P. Alexander

                                          B) waiting other applicants that requested interview

                                                     

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: 

            A.  CDBG advertisement for Bids – FYI

            B.  Resolution 14-2009 – update Municipal Records Manual - ACTION

            C.  Appoint Delegates for Tax Collection Committee (TCC) – Resolution 13-2009 – ACTION:

           

3.   Personnel

            4    Emergency Management

            5.   EVFD

6.   Police :  Report

7.   Employee Safety Committee 

8.   Code Enforcement/Planning/Zoning-

            A)  Monthly meeting April & May

            B)  Zoning Hearing advertisement - FYI

                        9.   Public Works

                                    a)  Award generator bid-ACTION

 

10.  Wastewater Collection & Treatment

11Water 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

Letter from EVFD - Action

5.       PLCM  - Kip Allen alt TJ

6.       Municipal & Water Authority – Jean Davis  

7.       Washington Township Liaison  - Jean Davis alt Greg Lucas

8.      Watershed Association  - Mary Ann Horne

9.      Joint Planning Commission – Greg Lucas - Met May 13th

E. OTHER OLD BUSINESS:

V.                 Communications

A.     Letter from Thomas Mathie – Regarding Ordinance Trash & Summary offence. - FYI

B.     Letter June 1st from Arla Gwynn – Cable station request - FYI

C.      

VI.              New Business

B.  Next meeting July 13th – (June 22nd only if emergency)

VII.     Adjournment

 

     2009 EDINBORO BOROUGH COUNCIL MEETINGS 6:30 p.m.

June 8, June 22, July 13, July 27, August 10 August 24, Sept 14, Sept 28, Oct 12, Oct 26, Nov 9 Nov 23, & Dec 14th

 

©Copyright September 2009