HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

Page 1 July 12, 1999

Call to Order:

Monday, July 12, 1999, 7:35 P.M., meeting was called to order by Mayor Clifford Allen.

Roll Call:

The following Council members were present: Charles Brand, Richard Forcucci, Mary Ann Horne, and Caroline Rhodes, and Mayor Clifford Allen. Members absent were Jean Davis and George Finney. Also in attendance were E.R. Buck McFadden, Borough Manager, and Marie Lander, Assistant to the Manager. Nine guests were present.

Minutes:

Mayor Allen introduced the minutes from the Regular Council Meeting held June 28, 1999. Jean Davis arrived and joined members of Council. Mary Ann Horne moved for approval of the minutes and Caroline Rhodes seconded. Charles Brand made one correction on page 5 of the minutes that the boat loading ramp and not the docks should be painted “slippery when wet”. The minutes passed unanimously with the one correction by voice vote 6-0 with 1 absent.

Public Participation:

Mr. Tom Dodd of 104 Waterford Street asked what the procedures were for citizen input when items are brought up during the meeting. Mayor Allen stated that this is the time for comments on the agenda as well as questions. Council sees no problem with citizens asking questions during the meeting as long time allows.

Mrs. Hower, 106 West Normal Street asked if the garage on the property could be saved. Manager McFadden stated that he understood that the entire property was to be cleared, but we can take another look at it. Demolition contract to be awarded this evening and demolition to start as soon as the contractor moves his equipment onto the property. Mr. Brain Hower requested a call from Manager McFadden with the exact date of demolition.

Old Business:

The proposed Fire, Rescue, Ambulance & EMS Agreement was tabled.

Intergovernmental Agreement for Water and Wastewater were tabled.

Committee Reports:

It was noted that the staff was revising the Nuisance Ordinance. Caroline Rhodes informed Council that the committee did not meet between the last Council meetings, but at their last meeting they looked at modifying the form of West Chester’s ordinance with emphasis on the enforcement process.

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Page 2 July 12, 1999

Personnel Committee would be meeting Wednesday, July 14, 1999 to interview 5 applicants for the Lake Foundation 2 openings.

Recreation Committee had no report but Mary Ann Horne requested time to explain an idea from Nancy Crawford to lower the geese count. It was suggested that geese do not like tall grass and if they planted lilies along the shoreline it would be pretty as well as help in the geese problem. Mary Ann Horne motioned that Council gives permission to plant day lilies starting near the Lions pavilion along the shoreline. Caroline Rhodes seconded the motion, which passed by unanimous voice vote of 6-0 with George Finney absent. Caroline Rhodes asked if the signs stating “Do Not Feed Geese” where installed. Manager McFadden stated it was on the Public Works To Do List. He also informed the Council that they were looking into having a trainer of Border Collies use the beach in the mornings to scare the geese. Richard Forcucci asked if it would be possible to put pennants up on Onda Beach also. Manger McFadden would look into it.

Public Safety Chairman Mary Ann Horne stated that she was setting up a meeting for later this week.

Streets, Buildings and Grounds Chairman Richard Forcucci stated there was no report but he had a couple questions. What is the progress on the Sunset Drive Parking? Manager McFadden stated he had discussed this with the Chief in regards to signs and enforcement. The Code Enforcement Officer was to meet with the property owner and would be getting back to the Manager. Richard Forcucci asked if the road near the old Agway and Buds Barber Shop was Borough road or private property. He stated that it was in bad shape and bushes were getting out of control in intersection sight area. Manager McFadden stated he would look into it and would have the bushes and grass cut for safety.

Solicitor Report:

A letter from Timothy Sennett, Knox McLaughlin Gornall & Sennett, P.C. was in the Council packets on Funding of Unfunded Debt. Manager McFadden stated no action was needed tonight but in the near future they would have to act on this because of the water pollution lawsuit. The costs of legal and expert investigations and witnesses to date, along with upcoming costs with the case going to court this Fall or in the Spring of next year have exceeded the Water Fund reserve. All costs have been paid on a cash basis so far with the use of the Water Fund Reserve, inter-fund transfers from the Sewer Fund, and use of the TAN from the General Fund which must be repaid December, 1999. The borrowing would not be for a capital project but for the lawsuit over ground water pollution. Unit Debt Act process requires a petition to the Court of Common Pleas. Manager McFadden stated this notice was to inform the Council that in the next couple of months they must meet with the Solicitor to prepare documents to start this process. It is important that the public do not misunderstand the

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HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

Page 3 July 12, 1999

reason for this unfunded debt funding.

Managers Report:

Manager McFadden reported that the next non-uniformed negotiation meeting had not been set and Mike Palumbo would be working on it.

Enclosed in the Council packets were copies of the Hitchcock Water and WWCT Agreements with Washington Township and Authorities for the Councils information. This was the final draft which the manger and Solicitor have delivered to Washington Township. As of this morning the Borough has not heard from Mr. Hitchcock or Washington Township. The sanitary sewer line is in place but has been plugged and the waterline has not been bored or tapped into our line. The Borough position is that they can bore but are not allowed to tap into our system until we have a signed agreement, fees paid, and release from Mr. Hitchcock, et.al. The Borough has done everything they can do and now it is up to Washington Township and Mr. Hitchcock.

Finance:

Jean Davis moved approval of the submitted bill payments totaling $213,496.18 and Mary Ann Horne seconded. Being no questions on the bills submitted for payment the motion passed unanimously by voice vote of 6-0 with George Finney absent.

Mayor Allen proceeded to acceptance of the payroll as submitted for the period ending June 27, 1999 and paid July 2, 1999. Caroline Rhodes moved approval of the payroll and Mary Ann Horne seconded. The motion approving the payroll, overtime reports, and supplemental time sheets passed unanimously by voice vote 6-0 with George Finney absent.

DCED sent a letter on the Single Audit Report of December 31, 1995 stating the Borough is in compliance.

A $600,000. Guaranteed Revenue Note Ordinance No. 99-1 was introduced. It was noted that the Manager and the Solicitor has reviewed this document prior to the meeting. Thomas Tupitza from Knox McLaughlin Gornall & Sennett, P.C. summarized the Ordinance for the Council and Public. Mayor Allen stated that the Water Authority had passed their Resolution on July 6, 1999 and this would be considered the third and final reading of the Ordinance. Mary Ann Horne motioned to adopt Ordinance 99-1 and Caroline Rhodes seconded the motion. Discussion followed with Caroline Rhodes asking for a brief review of the projects. Manager McFadden stated it was a three-year program for capital improvements in the Water Dept. The first year, 1999, would feature maintenance of the water stand pipes, a valve exercise machine, and a truck to haul the valve exercise machine. The second year, 2000, would feature valve repairs and fire hydrant repair and replacements. The third year, 2001, would feature the updating of water meter system to a phone read system. Manager McFadden emphasized that the rate

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Page 4 July 12, 1999

structure adopted earlier in 1999 for 1999-2001 was in place for anticipated revenue to repay this debt. Mayor Allen called for a Roll Call Vote: Chuck Brand yes, Jean Davis yes, George Finney absent, Richard Forcucci yes, Mary Ann Horne yes, Caroline Rhodes yes, Mayor Clifford Allen yes. Ordinance 99-1 passed 6-0 with George Finney absent.

Public Safety:

Original drafts of Police Arbitration have been received, and we are still awaiting the receipt of the fully executed award. Manger McFadden was instructed to contact the neutral to see what the problem is.

A report on the May vandalism, as Council requested, was enclosed in the Council packets from the Chief of Police.

BOCA/Code Enforcement:

Code Enforcement Officer requested the awarding of the demolition quote for 106 West Normal Street to Lipchik Demolition Inc. for $7,000. Charles Brand motioned the acceptance of the quote and Richard Forcucci seconded the motion. With no discussion the motion carried 6-0 by voice vote with George Finney being absent. Manager McFadden was instructed to notify the appropriate individuals. Mr. Dodd asked if this meant the Borough owned the property? Manager McFadden stated that the property owner does not change but a lien for the cost of demolition would be placed on the property. Mary Ann Horne requested that the Hower’s have until Thursday if possible to get everything cleaned out.

Planning:

An information notice to Council was received on a wetland usage on Walker’s Ridge to be discussed at the next Planning Commission meeting. Jean Davis said she saw no objection but had some concerns that they would use the wetland for a dumping site. She felt control should be kept to have a beautiful open space and not a dump. Caroline Rhodes also stated in regards to the PRD requirements that a recreation space in addition to wetlands should still be provided for a playground, esthetics, as well as parking for visitors.

Public Works:

Manager McFadden stated that he had a meeting with the current recycling and rubbish hauler this week to start the bidding process.

A Public Works Monthly Activities report was presented to the Council.

Wastewater Collection & Treatment/Water System:

Manager McFadden informed Council that the next Regional Act 537 Task Force

meeting was scheduled for 10:0 A.M. on July 16, 1999 at EUP.

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Page 5 July 12, 1999

Community Development/Project Coordination:

A Letter from the Kiwanis Club of Edinboro dated June 24, 1999 was received.

Manager McFadden was instructed to contact Bob Cannell and invite him to the next Shade Tree Committee Meeting July 21 so he could hear the discussion on the metal grates around the Borough trees.

Communications:

Letter from the Heather Club of July 2, 1999 was presented to Council. Manger McFadden was instructed to communicate an update to the Heather Club.

New Business:

Being no new business Mayor Allen asked for a motion for adjournment.

Adjournment:

Charles Brand motioned for adjournment.

With no objections the meeting was adjourned at 8:30 PM.

ATTEST:

__________________________ _____________________________

Manager E.R. Buck McFadden Mayor Clifford E. Allen

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HIGHLIGHTS

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

JULY 12, 1999

COUNCIL APPROVED:

1. Payment of bills

2. Payment of payroll

3. Minutes of June 28, 1999

4. Ordinance 99-1 $600,000. Water Authority Borrowing

5. Award bid to Lipchik Demolition Inc. for $7,000 of 106 West Normal Street.

6. Planting of day lilies along the shore line starting at Lions pavilion

POSTPONED

1. Intergovernmental Sewer agreement with Washington Township and Washington Township Sewer Authority

2. Intergovernmental Water agreement with Washington Township and Washington Township Water Authority

3. Agreement with Fire, Rescue, Ambulance & EMS.

4. Funding of Unfunded Debt – Water Dept.

Code Enforcement Officer:

1. Revising Nuisance Ordinance

2. Solution to parking on Sunset Drive – informally pursue landlord

3. Demolition of 106 W. Normal Street – check on garage

4. Check road near old Agway and buds Barber Shop to see if private property

Needs grass/shrubs cut for sight in intersection as well as road repair.

5. Councils concern of Wetland use on Walker’s Ridge. Make sure not dumping

into wetlands. Also need PRD, green space for playground, esthetics, and parking for visitors not in wetlands.

Public Works:

1. Pennants on Onda Beach (goose flags)

2. Painting slippery on boat ramp

MANAGER INSTRUCTED TO:

July 12, 1999

1. Contact neutral on Police Arbitration to see what the hold up is.

2. Notify appropriate individuals of Demolition authorization 106 W. Normal St.

3. Meet with rubbish haulers to start bidding process

4. Check with Code Enforcement about garage at 106 W. Normal St.

5. Contact Bon Cannell of Kiwanis Club and invite to Shade Tree Committee Meeting July 21, 1999

6. Communicate update to Heather Club

MANAGER INSTRUCTED TO:

June 28, 1999

1. Grants with EUP for walking bridge over Darrow Creek.

2. Recycling and rubbish hauler bidding

3. Is recycling improving or not?

4. Check on stop signs on Monroe Street.

5. Check into 3’ decoy dead geese for lake

6. Review request from Beth Holt

7. Lake Foundation applicants to Personnel Committee- to vote on next Council Meeting

8. Be in contact with Courtney Hower on status of demolition of house.

Code Enforcement Officer: 6/28/99

1. Petition for action on property 201 Willow Street.

2. Solution to parking on Sunset Drive – informally pursue landlord

3. Mr. Redlawsk non compliance sidewalks on Darrow Road

4. Revising Nuisance Ordinance

Police: 6/28/99

1. Enforcement of signs and speed limits ( do not feed animals, speeding, etc)

2. Use of service request forms to notify Public Works of road repairs, missing signs, etc.

3. Aggressively monitor situation of detour, one-way streets, citizens getting into their driveway, and parking on the detour route.

4. Inform Manager/Council if May vandalism report is typical for time of year or neighborhood or is it unusually high and what is being done about it?

5. Why speeding tickets so low?

MANAGER ASSIGN TASKS June 24, 1999 AS FOLLOWS:

DAVE 1.Staff revising Nuisance Ordinance.

DAVE 2. Get information from Solicitor on nuisance ordinance.

JEFF 1. Check on stop signs for detour

JEFF 2.Have Chief Craft research if Officers reported sign down on West

Plum.

TOM 1. Have lifeguards put up triangular pennants at the end of each day to

scare away geese on beach.

TOM 2. Have public works sweep Borough streets weekly on detour route to

keep dust down.

TOM 3. See about trash receptacles end of each street at lakeside.

TOM 4. Put up signs restricted parking zone in front of the Borough Building

TOM 5. Start dock tubs replacement this year (budget) and what need to start

in January 2000 to have 20% finished by next season.

June 14, 1999 MANAGER TO DO:

1. Prepare bid specs for rubbish and recycling hauling

2. Confirm with CPA’s & General McLane School District for EIT auditing.

3. Check on who (WasteManagement) should be emptying trash receptacles in downtown. (overflowing)

4. Request dock removed or it will be pulled – private dock installed – while policy is that no new private docks will be put in just Borough Docks.

5. Research costs of new docks and ways of funding new installations.(Tom turned prices over to Buck)

6. Thank you Edinboro Lakeside Association for cleanup of lakeside

May 24, 1999

1. Meet this week with Mr. & Mrs. Mike Jara to review Ordinance on animals at large.

2. To move forward as deemed necessary in a timely fashion on the intent to raise the home.

3. Solid waste collection hauler bidding to be out within the next month.

4. Obtain ordinance and policy for landscaping and tree planting by Pottstown for possible new ordinance.

5. Award letter to the Edinboro Elementary students for their raising of food for the food bank. To be delivered to school before award day, June 6^th or 7^th.

May 10, 1999

1. Look into Foundation recognizing Fred Curtze for his years of service.

2. Continue writing campaign for Councils view of mining operation near Lake.

3. Contact Representative Tracy Seyfert about obtaining funds for sidewalks

April 26, 1999

1. Prepare agreement with Carlson for 1-year lease.

2. Look into advertisement of variance by Therasse.

3. Begin rubbish hauling bid specs.

April 12, 1999

1. Request Tracy Seyfert's support in finding additional monies for bridges and sidewalks

2. Letter to Waste Management detailing our concerns on liter

3. send letter of recognition and a certificate to Edinboro Elementary School children for collecting over $3,300 and 1000 cans of food.

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AGENDA

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

July 12, 1999

I. Call to Order, Mayor Clifford Allen

II. Roll Call: Mayor Clifford Allen __, Chuck Brand __,

Jean Davis __, George Finney __, Richard Forcucci __,

Mary Ann Horne __, Caroline Rhodes __,

Attorney Ritchie Marsh __, E.R. Buck McFadden (Borough Manager) __,

Marie Lander (Assistant to the Manager) __.

III. Approval of Minutes:

A. Regular Meeting June 28, 1999

Action: Motion to approve minutes

IV. Persons Requesting Time To Address Council

V. Old Business

A. Proposed Fire, Rescue, Ambulance & EMS Agreement

Action: Continue to Table

B. Intergovernmental Agreement – water

Tabled.

C. Immediate term issues- Inter-governmental agreement- Wastewater

Tabled.

VI. Committee Reports

A. Cable TV - Mary Ann Horne, Chairman

Nothing to report

B. Finance Committee - Jean Davis, Chairman

Nothing to report

C. Ordinance Review Committee - Caroline Rhodes, Chairman

1. Nuisance Ordinance. - Draft being revised by staff

D. Personnel Committee - George Finney, Chairman

1. Interviews for Lake Foundation openings

E. Recreation - Chuck Brand, Chairman

Nothing to report.

F. Public Safety - Mary Ann Horne, Chairman

Nothing to report.

G. Street, Buildings, and Grounds - Rich Forcucci, Chairman

Nothing to report

VII. Solicitor's Report:

A. Funding of Unfunded Debt – Timothy Sennett,

Knox McLaughlin Gornall & Sennett, P.C.

VIII. Tax Collector

IX. Manager's Report:

A. Manager

1. Non-uniformed negotiations meeting – no date set.

2. Memo’s on Hitchcock Water and WWCT Agreements

B. Finance

1. Authorization to Approve Bills, Action: Motion to approve bills 7/7/99 $ 71,147.65

PLUS: bills 7/12/99 142,347.53

TOTAL TO APPROVE: $ 213,495.18

2. Authorization to Approve Payroll

PERIOD ENDING 6/27/99 PAID 7/2/99

Action: Motion to approve payroll

3. DCED Single Audit Report of December 31, 1995

3. $600,000 Guaranteed Revenue Note documents – to be distributed

C. Personnel

D. Public Safety

1. Emergency Management – No report

2. Emergency Medical Service (EMS)

- See Old Business

3. EVFD - No report

4. Police

a) Police Arbitration - Awaiting receipt of fully executed award

b) Police Reports – No report

c) May vandalism report, FYI

E. BOCA/Code Enforcement

1. Report – no report

2. DEMOLITION 106 West Normal Street (David Hower)

ACTION: Awarding of bid for demolition

F. Planning – Wetland usage on Walker’s Ridge - FYI

G. Zoning

H. Public Works

1. Sanitation

a) Recycling

b) Solid waste collection

1. Rubbish hauler bidding:

Nothing to report, No action.

2. Building & Property

3. Streets/Storm Sewers/Signals/Signs

a) Public Works Monthly Activities .

4. Park & Recreations

a) Memo to Edinboro Lake Preservation & Restoration Foundation

Applicants, FYI

5. Shade Trees

I. Wastewater Collection & Treatment

1. Regional Act 537 Task Force – next meeting 10:00 A.M., July 16, 1999

a) Long term issues – No update

b) Interim term issues – No update

c) Immediate term issues- agreement – No action - FYI

J. Water System

1. Washington Township related issues

a) Borough/Authorities and Township/Authorities Master Agreement – tabled

b) Water Agreement—No action – FYI

K. Community Development/Project Coordination

1. KIWANIS CLUB of Edinboro June 24, 1999

No action needed - FYI

X. Communications

1. Heather Club July 2, 1999

XI. New Business

XII. Special Reports

XIII. Adjournment

ACTION: Motion to approve

Vote - Roll Call:

Chuck Brand __, Jean Davis __, George Finney __, Richard Forcucci __, Mary Ann Horne __,

Caroline Rhodes __, Mayor Clifford Allen __.

Vote - Roll Call:

Chuck Brand __, Jean Davis __, George Finney __, Richard Forcucci __, Mary Ann Horne __,

Caroline Rhodes __, Mayor Clifford Allen __.

DATES TO REMEMBER:

Shade Tree Advisory Committee May 19, 1999 7:00 PM

Planning & Zoning Commission May 18, 1999 5:30 PM

Council Meeting May 24, 1999 7:30 PM

State Ethics Financial Statement Interest due 5/1/99

Municipal & Water Authority Meeting June 7, 1999 5:00 PM

Downtown Conservation: Trees, Trails & Economic Revitalization - May 12, 1999 Meadville

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Call for reports for BOE meetings.

COMMITTEE REPORTS

Mary Ann Horne 734-7495 Cable TV

Public Safety

Caroline Rhodes 734-7454 Ordinance Review Committee

Chuck Brand 734-1718 Recreation Committee

Jean A. Davis 734-3557 Finance Committee

Richard Forcucci 734-4585 (work 732-2790) Streets, Buildings, & Grounds

George Finney 734-4020 Personnel Committee

SOLICITOR'S REPORT

Ritchie Marsh 456-5301

MAYOR

KIP ALLEN W 734 5103

H 734 7004

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