HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

Page 1                                                                                                           June 14, 1999

Call to Order:

Monday, June 14, 1999, 7:30 P.M., meeting was called to order by Mayor Clifford Allen. 

Roll Call: 

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

David Hower, Courtney Hower, Dan Austin, and Rick Schenker from PENNDOT.

            Mayor Allen gave Council and his condolences to Richard Forcucci in the passing of his father.

Minutes:

Mayor Allen introduced the minutes from the Regular Council Meeting held May 24, 1999.  George Finney moved for approval of the minutes and Charles Brand seconded.  The minutes passed unanimously by voice vote 4-0 with 3 absent.

Public Participation:

Mr. Rick Schenker, PENNDOT spokesman passed out his business card including his pager number to Council and explained that PENNDOT is now customer friendly and beneficial to us.  If we need help they will try to deliver what we ask.  Mayor Allen asked Mr. Schenker to see if he could cut the red tape on 6N bridge.  Mr. Schenker stated he would look into it and try and get it on the fast track because of EUP opening the end of August and Home Coming in October.  George Finney asked if he could furnish a contact person the Borough should see about sidewalks across the bridge to the post office.  Mr. Schenker promised to get back to Council within the next two weeks with answers on both questions.  Mayor Allen thanked Mr. Schenker for his help and attendance.

Old Business:

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

Charles Brand motioned to accept the bid from Millstone Corporation at $138,926 for the water storage tank painting.  The motion was seconded by Richard Forcucci and passed unanimously by voice vote 4-0 with 3 absent.

Committee Reports:

            It was noted that the staff was revising the Nuisance Ordinance, which should be ready shortly.

                         HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

Page 2                                                                                                  June 14, 1999

            Charles Brand reported that the Recreation committee had received a letter in regards to the goose problem.  It was noted that the silhouettes of a fox didn’t work.  Mr. Brand requested that the lifeguard put up the triangular pennants, which were kept in the rest rooms, at the end of each day.  Manager McFadden stated he would take care of this matter.

            Streets, Buildings, and Grounds Chairman Richard Forcucci stated that they would be meeting June 24, 1999 at 9 AM.  He requested that Dave Zamierowski be in attendance.  Their agenda would include sidewalks, street paving, pavement marking at the pool, stop signs for detour, sign down on Wet Plum (Chief Craft would be asked if it was reported by police on duty), high traffic on Borough streets because of the detour (possible weekly street cleaning to keep dirt down), downtown trash receptacles overflowing (who responsible for emptying), and extra trash receptacles needed the end of each street at lakeside.

Tax Collector:

            George Finney motioned to appoint Gorzynski, Felix & Gloekler to audit the Earned Income Tax records for July 1, 1998 to June 30, 1999 and send a letter to General McLane School District showing such appointment.  Charles Brand seconded the motion and it was approved by a voice vote of 4-0 with 3 absent.

Managers Report:

            Manager McFadden reported that the non-uniformed negotiations meetings have been tentatively set for June 18^th at 9AM and June 29^th at 4 PM.

            Finance:

                        Charles Brand moved approval of the submitted bill payments totaling $82,046.08 and George Finney seconded.  Being no questions on the bills submitted for payment the motion passed unanimously by voice vote of 4-0 with 3 absent.

                        Mayor Allen proceeded in acceptance of the payroll as submitted for the period ending June 4, 1999.  George Finney moved approval of the payroll and George Finney seconded.  The motion approving the payroll, overtime reports, and supplemental time sheets passed unanimously by voice vote 4-0 with 3 absent.

                        Charles Brand motioned to enact Resolution 11-99.  Resolution 11-99 is requesting permission to participate in the Pennsylvania Department of General Services cooperative purchasing program:

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

Page 3                                                                                      June 14, 1999

Home Rule Borough of Edinboro

Resolution No.  11- 99

REQUESTING PERMISSION TO PARTICIPATE IN THE PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES COOPERATIVE PURCHASING PROGRAM

WHEREAS Act 57 of May 15, 1998 permits local public procurement units to participate in those contracts for supplies, services, or construction entered into by the Department of General Services (DGS) that are made available to local public procurement units.  A “local public procurement unit” is defined as: any political subdivision, public authority, educational, health, or other institution; and to the extent provided by law, any other entity, including a council of governments or an area government; nonprofit fire, rescue, or ambulance company; and any nonprofit corporation operating a charitable hospital.

BE IT RESOLVED, that Home Rule Borough of Edinboro, hereby requests authorization to participate in DGS’s contracts for the procurement of supplies, services or construction, subject to the following conditions:

1.                    That Home Rule Borough of Edinboro agrees to be bound by such contract terms and conditions DGS may prescribe.

2.                    That Home Rule Borough of Edinboro agrees to be responsible for payment directly to the contractor under each contract for those supplies, services or construction ordered by the local public procurement unit.

The motion was second by Richard Forcucci and passed unanimously by the following roll vote: Chuck Brand yes, Jean Davis absent, George Finney yes, Richard Forcucci yes, Mary Ann Horne absent, Caroline Rhodes absent, and Mayor Clifford Allen yes. Mayor Allen stated for the record the motion passed 4-0 with 3 absent.

                Manager McFadden stated that the computer system was due in this week as well as new software.

Public Safety:   

Original drafts of Police Arbitration have been received, and we are still awaiting the receipt of the fully executed award.  Also a letter was sent clarifying the insurance package.

Traffic notice and alternate routes brochure from EUP was handed out to all Council members.

Public Works:

            Manager McFadden stated that the recycling and rubbish hauler bidding would be underway this month.

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

Page 4                                                                                      June 14, 1999

Park & Recreation:

            Discussion followed on a dock situation, where individuals replaced an old private dock.  It was agreed that the policy has been that only Borough docks could be installed and when repairs were needed on private docks they would be turned over to the Borough to install new docks. It was agreed that the dock must be removed or the Borough will pull it.  The question on a handicap accessible dock was also discussed with Manger McFadden to check on the dock constructed for a Girl Scouts Project. Manager McFadden would look into the possibility of funding for new docks.

PUBLIC PARTICIPATION:

            Mayor Allen deviated from the agenda to hear from David Hower and his son Courtney Hower from 106 W. Normal Street.  Mr. Hower stated that he received a letter 12 to 13 days ago from the Borough stating they would be leveling his house. He stated this was very upsetting and he has been doing his best and was at the Council meeting to plea to Council.  This situation goes back over 3 years when he was sited by the Code Enforcement Officer about vehicles in the driveway and putting siding on the house.  He stated that in 1997 he made an agreement to get the siding on by Sept. 20, 1997 and he stated the structure is sound and he could prove it.  In the spring of 1997, when the Borough was flushing the lines on Water Street the house flooded.  He stated that his daughter and others had called the Borough about this matter.  His daughter (Hillary) also phoned the police who sent Officer Spires out.  Officer Spires had told him that the Borough was flushing lines and that Manager Hoy told him to go to the insurance company Rouse Insurance and Inservco for damages.  David Hower said he was waiting for the settlement to pay for inside and outside repairs.  On Sept 5, 1997 he talked to Mr. Vogel from INSERVCO who had figures ready but needed Manger Hoy’s approval.  Manager and Code Enforcement Officer stopped at his house and pleaded to allow them to videotape the building for insurance purposes only.  This was right after the police report was finished.  When at the house Mr. Hower claimed he asked Mr. Hoy if he had talked to Mr. Vogel.  Mr. Zamierowski reported he had talked to him and said the Borough was going to demolish the house and claimed the Borough had municipal immunity.  On October 1, 1997 he received a letter threatening to demolish the home and to avoid conflict he left the state traveling 600 miles away, even with his own home being 40 miles away, he was so upset.  In November 1997 he addressed the situation with the Housing Committee who treated him properly but had seen the video which was suppose to be for insurance purposes only.  Mr. Hower contested the action with Court Common Pleas.  While Mr. Hower was out of the state the hearing went ahead and Mr. Howard felt the Code Enforcement Officer lied in court and the buckling was because of the water only.  He also felt that the structure was preexisting before building codes required structure changes. 

Richard Forcucci stopped Mr. Hower and asked what he really wanted from Council?

Mr. Hower said five points: 

1)      damage to house was Borough responsibility

2)      compensation for property /spoilage if tear down

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

Page 5                                                                                                  June 14, 1999

3)      Code Enforcement Officer said he couldn’t sell property to the college

4)      wanted month or reasonable time to pull semi-trailer in to vacate interior

5)      Council to come into his house and see property

Mayor Allen stated that the Solicitor had told Council to continue.  Mr. Forcucci asked when was the last time improvements were made to the house and what?  Mr. Hower said the porch roof in Sept or Oct. 1998.  Richard Forcucci stated that Mr. Hower had plenty of time to resolve these issues and it was time to take care of this for the community.  Manager McFadden stated that it could be considered a public nuisance.  George Finney asked when he took off the aluminum siding.  Mr. Hower stated back in 1983.

            Mayor Allen said Council was going under legal opinion and their hands were tied since Solicitor said they must proceed and nothing is against you and your family.  We must move on our hands are tied.  The house would be leveled, land graded, and seeded.  Mayor suggested getting legal council to find out what the next step in the legal system would be.  Mr. Hower was thanked for his presentation and recommended his legal council contact our Solicitor.  We need to move on this issue.  Mr. Hower told Mayor Allen not to cross the line of the platform. Mayor Allen asked if this was a threat and Mr. Hower stated no.  It was again reiterated that he had ample time to solve this problem.  Mayor Allen moved on to where Council had left off in the agenda.

            Shade Tree:

                        Minutes, June 9, 1999, meeting was distributed to Council with no action necessary.

Wastewater Collection & Treatment:

Manager McFadden informed Council that the new sewer agreement is between Washington Township, Washington Township Sewer Authority, Home Rule Borough of Edinboro and Edinboro Municipal Authority instead of between a third individual party.

This would be a business relationship for sewer with requirements to tie into the Borough System as well as terminology changes.  It was noted that the water agreement was more detailed with tap lines, values, meters, etc.  Manager McFadden handed out a copy of a letter from the Washington Township Sewer Authority Solicitor Attorney Devine with three small requests, which was faxed to the Borough today.  Manager McFadden requested a motion to authorize appropriate officials to execute the agreement.  George Finney voiced his objections to the agreement.  Manager McFadden reminded them that they had already approved allowing Mr. Hitchcock to connect to the system.  Mayor Allen motioned the whole Council should vote on this issue and requested it be tabled until June 28, 1999.  Motion was seconded by Charles Brand and passed unanimously 4-0 with 3 absent.

            Water System:

            Mayor Allen motioned to table the Water Agreement also until June 28, 1999.  Motion was seconded by Charles Brand and passed unanimously 4-0 with 3 absent.

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

Page 6                                                                                                  June 14, 1999

            It was noted for the record that a 2” line has been installed to comply with PENNDOT’s paving schedule on Meadville Street where Washington Township was requesting 6” line for service to Washington Township.

Community Development/Project Coordination:

George Finney motioned to adopt Resolution 12-99; a revision to 1998 Community Development Block Grant Program.  Charles Brand second the motion and the roll call vote was as follows: Chuck Brand yes, Jean Davis absent, George Finney yes, Richard Forcucci yes, Mary Ann Horne absent, Caroline Rhodes absent, and Mayor Clifford Allen yes. Mayor Allen stated for the record the motion passed 4-0 with 3 absent.

Communications:

            Mayor Allen stated that a letter from Paramount Die Corporation had been received today in his mailbox.

New Business:

Mayor Allen reminded the Personnel Committee that the Manager contract requires a review of the Manager in September.  He recommended that a Committee of the Whole maybe in order for this review.

Charles Brand reported that the Edinboro lakeside Association picked up trash along lakeside and that Manager McFadden should send an acknowledgement for their time.

Adjournment:

Richard Forcucci motioned for adjournment.  With no objections the meeting was adjourned at 8:57 PM.

ATTEST:

__________________________               _____________________________

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

                                                                   HIGHLIGHTS

                         HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

                                                                  JUNE 14, 1999

COUNCIL APPROVED:

1.         Regular Council Meeting Minutes May 24, 1999

2.         Resolution 11-99, requesting permission to participate in the PA Dept. of General Services cooperative purchasing program.

3.                  Resolution 12-99

4.                  Accept bid from Millstone Corporation at $138,926 for water storage tank painting

5.                  Payment of bills, totaling $82,046.08.

6.                  Payment of payroll of 6/4/99.

7.                  Appoint Gorzynski, Felix & Gloekler to audit the Earned Income Tax records for July 1, 1998 to June 30, 1999.

8.                   

POSTPONED

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

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

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

MANAGER INSTRUCTED TO:

1.         Staff revising Nuisance Ordinance.

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

3.                  Have lifeguards put up triangular pennants at the end of each day to scare away geese on beach.

4.                  Check on stop signs for detour

5.                  Have public works sweep Borough streets weekly on detour route to keep dust down. 

6.                  Prepare bid specs for rubbish and recycling hauling

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

8.                  Notify Code Enforcement Officer of meeting with Streets, Building, & Grounds Committing June 24, 1999 at 9AM.

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

10.              See about trash receptacles end of each street at lakeside.

11.              Non-uniformed negotiations June 18^th and June 29^th.

12.              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.

13.              Research costs of new docks and ways of funding new installations.

14.              Check on handicap dock – Girl Scouts Project in past

POSTPONED

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

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

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

                                                 MANAGER INSTRUCTED TO DO

June 14, 1999

1.         Staff revising Nuisance Ordinance.

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

3.      Have lifeguards put up triangular pennants at the end of each day to scare away geese on beach.

4.      Check on stop signs for detour

5.      Have public works sweep Borough streets weekly on detour route to keep dust down.       

6.      Prepare bid specs for rubbish and recycling hauling

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

8.      Notify Code Enforcement Officer of meeting with Streets, Building, & Grounds Committing June 24, 1999 at 9AM.

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

10.  See about trash receptacles end of each street at lakeside.

11.  Non-uniformed negotiations June 18^th and June 29^th.

12.  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.

13.  Research costs of new docks and ways of funding new installations.

14.  Check on handicap dock – Girl Scouts Project in past

15.  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.                  Check on restricted parking zone in front of the Borough Building

3.                  Check on Dumpster in right a way of Borough parking lot.

4.                  Write thank you for past year’s service from volunteer organizations and request help this year with trees, playground repairs, etc.

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

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

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

8.                  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.

Contact Representative Tracy Seyfert about obtaining funds for sidewalks

April 26, 1999

1.         Nuisance Ordinance redrafted with revisions.

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

3.         See if funds available to start dock tubs replacement this year in budget or                     need to start in January 2000 to have 20% finished by next season.

4.         Look into advertisement of variance by Therasse.

5.         Begin rubbish hauling bid specs.

6.         Have Assistant contact Shade Tree Committee on next meeting.

7.         Contact Shade Tree Committee, Planning, & Zoning Committees on free event              at Academy Theater in Meadville May 12, 1999 on Downtown Conservation,                      Trees, Trails and Economic Revitalization.

April 12, 1999

A)        Contact Game Commission in regards to goose population.

b)         Get information from Solicitor on nuisance ordinance.

c)         Contact engineer for feasibility study for sidewalks 6N & 99

d)         Request correction in newspaper on $166,000 sidewalks CDBG grant

e)         Request Tracy Seyfert's support in finding additional monies for bridges and                   sidewalks

f)          verify several checks cut against invoices

g)         begin rubbish hauler bidding

h)         Letter to Waste Management detailing our concerns on liter

i)          prepare appropriate certificate to Eagle Scout Aaron Glass to be presented by              Mayor Allen 5/23/99 at his Court of Honor

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

                                                                      AGENDA

                         HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

                                                                   June 14, 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 May 24, 1999

Action:  Motion to approve minutes                                                      

IV.       Persons Requesting Time To Address Council

A.      Mr. Rich Schenker - PENNDOT – Summer Paving

V.   Old Business

A. Proposed Fire, Rescue, Ambulance & EMS Agreement

Action:  Continue to Table

B.     ACCEPTING OF BID: 

1.      WATER STORAGE TANK PAINTING

Bidders:                        Bid Price:

Name of Contractor                   1A         1B                            2          Total Bid Price

Ares Painting Company            $60,000   $53,000   $189,000             $302,000

Blastco Inc.                                59,200    66,725     107,800          233,725

Marine Steel Painting                  79,000    79,000       99,000               257,000

Global Painting Co.                     38,474    49,951       76,534               164,959

Nicks Painting Co                     123,812    48,350      139,500              311,662

Corrosion Control                      68,731    32,269      139,525              240,525

Millstone Corp               42,220    36,181        63,525              138,926

R & M Sandblasting

& Painting                      78,000    54,000        90,000              222,000

Action:  Motion to accept bid of Millstone Corp

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

     Nothing to report.   

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:

Nothing to report.        

VIII.     Tax Collector

A.        Letter from General McLane School district to Gorzynski, Felix & Gloekler

IX.       Manager's Report:

A. Manager

1.      Non-uniformed negotiations meeting set for Friday morning, June 18 and tentatively for Tuesday afternoon, June 29^th.

B. Finance

1. Authorization to Approve Bills,                                                                                                                     Action:  Motion to approve bills  $82,046.08

                        2. Authorization to Approve Payroll

PERIOD ENDING 6/4/99

Action:  Motion to approve payroll

2.      Requesting Permission to Participate in PA Dept of General Services

      Cooperative Purchasing Program – Resolution 11-99

Action:  Motion to enact Resolution 11-99

Vote - Roll Call:   

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

Caroline Rhodes __, Mayor Clifford Allen __.

4.  Status of new computer system.

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)      Traffic Notice and Alternate Routes  - EUP

E. BOCA/Code Enforcement

1.  Report -  none

F. Planning      

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

                        To be reported last meeting of month.

4. Park & Recreations

                                    a)  Discussion of dock situation

5. Shade Trees

a)      Minutes of June 9, 1999 meeting.

I. Wastewater Collection & Treatment

1. Regional Act 537 Task Force

a) Long term issues

b) Interim term issues

c) Immediate term issues- Inter-governmental agreement

            ACTION:  Motion to authorize appropriate officials to execute.

J. Water System

1. Washington Township related issues

a) Borough/Authorities and Township/Authorities                                                                                              Master Agreement

b)      Intergovernmental Agreement –

ACTION:  Motion to authorize appropriate officials to execute.

c)      Kinter Hill Road residents request for service –

Tabled by Water Authority

d)      Meadville St/Rt. 99S 6" water service request                                                         from Washington Township – We have installed a 2” line at this

time to comply with the PENNDOT paving schedule.

K. Community Development/Project Coordination

1.      Resolution 12-99 approving a revision to

1998 Community Development Block Grant Program

            ACTION:  Motion to approve

Vote - Roll Call:  

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

Caroline Rhodes __, Mayor Clifford Allen __.

X.        Communications

                        1. 

XI.       New Business

XII.      Special Reports

XIII.     Adjournment

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

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