HOME RULE BOROUGH OF EDINBORO
Hearing
July 24th 6:30 P.M. –
Philip Walker rezoning I2 to R2
Hearing
July 24th 6:45 P.M. – Comprehensive Plan
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RULE BOROUGH OF EDINBORO COUNCIL MEETING
July 24, 2000
7:00 p.m.
I. Call to Order, Mayor Allen
II. Roll Call: Chuck Brand __,
Jean Davis __, George Finney __, Robert Gray __,
Caroline Rhodes __, Paul Snyder ___, Mayor Clifford Allen ____,
Attorney Ritchie Marsh __, E.R. Buck McFadden (Borough Manager) __,
Marie Lander (Assistant to the Manager) ___.
III. Approval of Minutes:
A. Regular Meeting July 10, 2000
ACTION: Motion to approve minutes
IV. Persons Requesting Time To Address Council
A. Jim Coates – Borough Ordinance 10-5-3 Section A
Would like Council to define “Animal”
B. Introduction of new police officer Todd Eaglen
V. Old Business
A. Employee Safety Program Manual – Safety Committee reviewing
B. Ordinance to prohibit parking southbound on Erie Street (PA Route 99) from the intersection of Cooper Alley to the intersection of PA Route 6N – TABLED -- see Street, Buildings & Grounds Committee Report – ACTION: Motion to accept PennDOT report and Committee recommendation to authorize appropriate Borough officials to implement PennDOT report.
C. Philip Walker zoning change - Hearing preceded meeting - ACTION: Authorize drafting of Ordinance
D. Comprehensive Plan – Hearing preceded meeting - ACTION: Motion to adapt Resolution 9-2000 adopting Comprehensive Plan.
VI. Committee Reports
A. Cable TV - Robert Gray, Chairman
B. Finance Committee - Jean Davis, Chairman
C. Ordinance Review Committee - Caroline Rhodes, Chairman
D. Personnel Committee – Charles Brand, Chairman
E. Recreation - Chuck Brand, Chairman
F. Public Safety – George Finney, Chairman
G. Street, Buildings, and Grounds – Paul Snyder, Chairman
1. Manager’s Notes on July 17th meeting.
2. Points to review in Sidewalk Ordinance
3. PennDOT letter of July 10th – Traffic signal study.
4. Lake Engineering – Cost Proposal Sidewalks
VII Solicitor's Report:
A. Order of Judge Anthony dismissing Scarlett, Strand, & Curtze matter – FYI
B. Penn Union - Update
VIII Manager's Report:
A. Manager
1. Comparison of codification proposals – FYI
2. EIT – Hearing Officer Appointment – School District Hearing Officer James McDonald
3. Request for Executive Session – Personnel
4. Lake Association dinner - FYI
B. Finance
1. Authorization to Approve Bills, to be paid July 25, 2000
Action: Motion to approve bills $ 135,235.09
2. Authorization to Approve Payroll
Action: Motion to approve payroll ending June 30, 2000 paid July 7, 2000 totaling $41,436.00
C. Personnel
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D. Public Safety
1. Emergency Management –
2. Emergency Medical Service (EMS) –
3. EVFD –
4. Police –
a) Police Reports - FYI
b) Dispatch –
1) Antenna – FYI
2) Estimated start date - FYI
c) COPS UHP Grant
1) Letter from Maryam Ahmed – US Department of Justice- FYI
2)
5. Employee Safety Committee – meeting July 25th
E. BOCA/Code Enforcement
1. Report – report
F. Planning – See BOCA/Code Enforcement Report
1.
2.
G. Zoning – See BOCA/Code Enforcement Report
1. Zoning Hearing Board Public Notice – FYI
2. Street Lighting in Scots Glen – ACTION: Motion to require streetlights.
H. Public Works
1. Sanitation
2. Building & Property
3. Streets/Storm Sewers/Signals/Signs
a) Monthly Report – FYI
4. Park & Recreation
5. Lake
a) Donation to Edinboro Lake Preservation & Restoration Foundation of 286 Canoe Club Prints - FYI
6. Shade Tree - Survey in progress
7. Dam -
8. Recycling Leaves
I. Wastewater Collection & Treatment
1. Request for connection to Edinboro Sewage System by Anthony W. Greer 5161 Gibson Hill Road, Washington Township - Give current situation staff recommends denial; will also recommend denial by Authority at August meeting.
2. DEP – Letter to Steven Beckman July 12, 2000 – FYI
3. Letter to Powell Sanitation & Construction – FYI
4. Smoke/Dye testing start date approximately August – FYI
5. Memo- request WWCT connection & termination billing formula policy change – ACTION: Authorization to draft Resolution
J. Water System
1. Washington Township related issues
a) Borough/Authorities and Township/Authorities Master Agreement – tabled
b) Emergency response plan – Manager has meeting scheduled with Washington Township - FYI
2. Monthly Progress Report – FYI
3.
K. Community Development/Project Coordination
1. Monthly Report – FYI
2. Downtown Project – ACTION: Motion to award bid
3. Public Meeting on Main Street/Downtown Revitalization – September 12th 7:00 p.m. – Bill Fontana, Executive Director of Pennsylvania Downtown Center - Presentation to Chamber of Commerce and residents
IX Communications
1. Letter of July 9, 2000 from Anna Cole & Mae Downs regards parking 4th July event to Mayor Allen – FYI
2. Erie County Flag Foundation – request donation
3.
X. New Business
XI. Special Reports
XII. Adjournment
REMINDER:
Next Council Meeting August 14th
7:00 p.m.
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HOME RULE BOROUGH OF EDINBORO COUNCIL
HEARING on Philip Walker Zoning Change
Mayor Clifford Allen informed all present that the public hearing was being held because of a request of Philip Walker to change the zoning of his 13.709 acres property on Walker Drive from I-2 to R-2 which would make it a continuation of an existing R-2 zone. The hearing was advertised July 8th and July 15th. All Council members were present except for Jean Davis. Also present were Mr. & Mrs. Philip Walker; Rob Kennerknecht, WWCT Superintendent; Dave Zamierowski, Code Enforcement Officer; Tom Schruers, Public Works Director; Manager Buck McFadden, and Marie Lander, Assistant to the Manager.
Dave Zamierowski gave a brief history of the property in question and about the industrial park area adjacent to it.
Paul Snyder asked if the sewer plant was large enough to accommodate this change. It was noted that the sewer plant was large enough the question would be if the conveyance system in that area would be. This would be handled by the Engineer when and if there is a sewer module presented from a developer. Then a study would be taken before permits are issued.
Caroline Rhodes stated it seems like a decade ago they sought for Industrial land and today things seems to have changed with employment issues. Caroline hopes that homes are built and the industrial abandoned.
Being no further comments, George Finney motioned the hearing be adjourned. With no objections the hearing was adjourned at 6:43 pm.
ATTEST:
__________________________ _____________________________
Manager E.R. Buck McFadden Mayor Clifford E. Allen
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HOME RULE BOROUGH OF EDINBORO COUNCIL
HEARING on Comprehensive Plan
Mayor Clifford Allen informed all present that the public hearing was being held to take public comment on a draft comprehensive plan to be used as its public statement of preferred future growth and development and the official guide for Borough policies.
All Council members were present as well as Dave Zamierowski, Code Enforcement Officer; Tom Schruers, Public Works Director; Manager Buck McFadden, and Marie Lander, Assistant to the Manager. Also present were Karen Tuminello, James Coates, and Diane Cornelius.
Dave Zamierowski explained the plan is to point to 20 years down the road. It has taken much time over the pas several years to review and compile this plan.
Being no correspondence Mayor Allen asked if anyone would like to comment or voice and concerns on the Plan. Being none the Council was also asked to comment.
Caroline Rhodes stated that the Comprehensive Plan touches every part of the Borough functions and was very well prepared.
Being no further comments Charles Brand motioned for adjournment. With no objections the hearing was adjourned at 6:50 p.m.
ATTEST:
__________________________ _____________________________
Manager E.R. Buck McFadden Mayor Clifford E. Allen
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HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
The following Council members were present: Caroline Rhodes, Charles Brand, George Finney, Robert Gray, Jean Davie, Mayor Clifford Allen, and Paul Snyder. Also in attendance was E.R. McFadden, Manager; Tom Schruers, Public Works Director; Dave Zamierowski, Code Enforcement Officer; and Marie Lander, Assistant to the Manager. Guests present were Karen Tuminello, James Coates, and Diane Cornelius.
Mayor Allen
introduced the minutes from the Council’s Regular Council Meeting held July 10,
2000. Caroline Rhodes moved for approval
of the minutes and Charles Brand second.
The motion passed by voice vote 6-0
with Jean Davis abstaining because of her absence at the July 10th
meeting.
Mayor Allen introduced James Coates would
requested to be on the agenda for public comment on Borough Ordinance 10-5-3
Section A which he would like Council to define “Animal”.
James Coates of 241 Walnut Street,
Edinboro, PA. In this ordinance it states any animal
unrestrained which does not make allowance for outside cats. Mr. Coates stated he was informed that no one
could make laws against cats in this state per a state law. Being sited twice for having his cat loose he
would like the word “Animal” to be defined with out outside cats. Mr. Coates also stated that police officers
he has talked to stated they do not like to have to site him.
Manager McFadden stated he would
discuss this ordinance with police officers and the context of the law that Mr.
Coates if referring to about cats. This
information would be brought back to Council for the August meeting for their
review. Mr. Coates asked if he could be
informed of their findings and decision.
Manager McFadden stated he would contact Mr. Coates and anyone else who
was interested with the findings and Councils decision after the August
meeting.
Being no other interested persons in speaking,
Mayor Allen moved on to old business.
THE HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
Page 2 July 24, 2000
In regards to the Hearing on the Philip Walker rezoning request from I2 to R2 which was held prior to this meeting, Charles Brand motioned to authorize a drafting of an Ordinance to rezone this area to R2 and to consider this the first reading. Caroline Rhodes second the motion and it passed unanimously 7-0 by the following role call vote: George Finney, yes; Jean Davis, yes; Caroline Rhodes, yes; Charles Brand, yes; Paul Snyder, yes’ Robert Gray, yes’ and Mayor Allen, yes. Manager McFadden was instructed to advertise the second reading for next Council meeting and the third and final reading for August 28th meeting.
Jean Davis motioned the acceptance of Resolution 9-2000 as follows:
HOME RULE BOROUGH OF EDINBORO
RESOLUTION 9-2000
WHEREAS, Act 247 (as amended), known as the Pennsylvania Municipalities Planning Code, sets the procedure for municipal Comprehensive Plans; and
WHEREAS, the Home Rule Borough of Edinboro Planning Commission has completed such a Plan, including text, tables, and map; and
WHEREAS, this draft Plan has been presented to the citizens of the Borough and has been submitted to a review process.
NOW, THEREFORE, BE IT RESOLVED, the Home Rule Borough of Edinboro Council adopts the Borough of Edinboro Comprehensive Plan as its public statement of preferred future growth and development and the official guide for Borough policies.
George Finney second the motion which passed unanimously 7-0 by the following role call vote: Jean Davis, yes; Caroline Rhodes, yes; Charles Brand, yes; Paul Snyder, yes; Robert Gray, yes; George Finney, yes; and Mayor Allen, yes.
CABLE TV COMMITTEE: Robert Gray, Chairman. No report.
FINANCE COMMITTEE: Jean Davis, Chairman. No report.
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HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
Page
3 July
24, 2000
ORDINANCE REVIEW COMMITTEE: Caroline Rhodes, Chairman. Caroline informed Council that the next project of the committee would be codification. In the packets were two summaries of companies that do this work and since the Home Rule Charter mandates codification they would be setting up a meeting to start the process.
PERSONNEL COMMITTEE: Charles Brand, Chairman. No report.
RECREATION COMMITTEE: Charles Brand, Chairman. No report.
PUBLIC SAFETY COMMITTEE: Chairman George Finney. No report.
STREETS, BUILDINGS & GROUNDS: Chairman Paul Snyder.
Paul read the committees report on meeting held July 17th . Paul Snyder motioned to send the Sidewalk Ordinance 373 to the Ordinance Review Committee or committee of the whole with the list of point to review. Charles Brand Second the motion and discussion followed. Caroline Rhodes stated she was aware of the controversial item and request a preliminary review by each Councilperson before the process is started. If there is a consensus for review and changes the big one being the change of funding from residents to the Borough. Charles Brand stated the intent of the motion was to get a full consensus of the Council before changes could be made. Marie Lander was instructed to get copies of the Sidewalk Ordinance out to all Council members to review and Dave Zamierowski would supply them with a copy of the synopsis of cost. Paul Snyder motioned to table the motion until Council could review the Ordinance to the list of points for review. Jean Davis second the motion to table which passed by 7-0 voice vote.
Charles Brand stated he went down Brookview Drive and stated it was very dark. Manager McFadden was instructed to see what the Borough is doing on other colvasac. He was also instructed to contact Frank Johnson to get a copy of the GPU study of light intensity at the end of the street.
Manager McFadden asked if any action would be taken on the PennDOT report on the intersection of 99 and 6N. They have reported that 3 or the 4 things we requested will work. Mayor Allen requested that the Manager get a written response on the Borough’s request for the turn light coming West on 6N which was the 4th issue in the study. Manager McFadden stated the report showed that three items would improve traffic flow at this intersection. One is changing the timing; second is installing three detector loops; and the third is 250 feet of no parking on Erie Street north of Plum to provide adequate stacking for a third lane
HOME RULE BOROUGH OF EDINBORO COUNCIL
MEETING
Page 4 July 24, 2000
of traffic moving southbound. It was noted the cost of the three-loop detection was in the Highway Aid Budget for this year. After much discussion Paul Snyder
motioned to table the motion and to instruct the Manager to notify persons, affected by the no parking, of the PennDOT findings and Council’s pending action to get their input. Caroline Rhodes second the motion and it passed by 7-0 voice vote.
George Finney motioned and Charles Brand second that sidewalks be installed on 6N East according to alternate 1 of the engineering plan with all costs to the property owner except storm grates. After much discussion Mayor Allen called for a role call vote: Caroline Rhodes, yes; Charles Brand, yes; Paul Snyder, no; Robert Gray, abstain; George Finney, yes; Jean Davis, no; Mayor Allen, no. Motion was defeated by 3-3-1 vote. Robert Gray stated he would abstain from voting on all sidewalk issues for personal reasons because in front of his home was up for sidewalks this year.
George Finney motioned to install sidewalks to Edinboro line on 99 North
according to alternate 1 of engineering plan with all costs to the property owner except storm grates. Motion was seconded by Caroline Rhodes. Much discussion followed in regards to costs to the Borough on properties fronting on more than one street, cemetery, etc. Mayor Allen called for a voice vote. Motion was denied by 2-5 voice vote.
Jean Davis motioned to have the Manager bring estimated costs to the Borough to bring existing sidewalk to Tarbell Lane. Caroline Rhodes second the motion and Mayor Allen called for a role call vote: Charles Brand, yes; Paul Snyder, no; Robert Gray, yes; George Finney, no; Jean Davis, yes; Caroline Rhodes, yes; and Mayor Allen, yes. Motion carried by 5-2.
George Finney motioned to have the Manager cost out from Tarbell Lane to include Weaver’s property. Caroline Rhodes Second the motion and it passed by 6-1 voice vote.
Mayor Allen gave Manager McFadden a directive to cost out all proposed sidewalks with the depth and width of properties and the estimated costs the Borough would be responsible for.
George Finney motioned to complete installation of sidewalks over Edinboro University side of Darrow Road from Rose Hall to Heather Street by the University. Caroline Rhodes second the motion and the motion carried by 5-1 voice vote with Mayor Allen abstaining because he is a Council trustee at EUP.
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RULE BOROUGH OF EDINBORO COUNCIL MEETING
Page 5 July 24, 2000
A copy of the Order of Judge Anthony dismissing Scarlett, Strand, & Curtze matter was in the packets for Councils information.
Manager McFadden requested an executive session following the Council meeting to give Council an update on the Teledyne/Penn Union case and to discuss a personnel matter.
Mayor Allen introduced the bills for payment. Jean Davis moved approval of the submitted bills totaling $135,235.09 dated July 25, 2000 and Caroline Rhodes seconded. The motion to approve the bills passed unanimously by voice vote of 7-0.
Mayor Allen proceeded in acceptance of the
payroll as submitted for the period ending June 30, 2000 and paid July 14, 2000
totaling $41,436.00. Caroline Rhodes moved
approval of the payroll and Jean Davis seconded. The motion approving the payroll, overtime
reports, and supplemental time sheets passed unanimously by voice vote
7-0.
Being no questions on the Police Report and information received on the dispatch antenna and start date the Mayor Moved on to Planning & BOCA/Code Enforcement report.
Being no questions on the BOCA/Code Enforcement Report the Council reviewed management’s request for installation of streetlights in Scotts Glen subdivision. Charles Brand motioned and Jean Davis second that 8 colonial style street lights be installed in Phase I of the Scots Glen subdivision. With no objections the motion passed by 7-0 voice vote.
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HOME RULE BOROUGH OF EDINBORO COUNCIL
MEETING
Page 6 July 24, 2000
Monthly report of Public Works was reviewed and with no question the Mayor moved on to Wastewater Collection & Treatment section of the agenda.
Manager McFadden stated that a request to connect to Edinboro Sewage System by Anthony W. Greer of 5161 Gibson Hill road, Washington Township was received. It was the staff’s recommendation give to the current situation to deny connection and refer them to the policy Council has agreed to follow with the Township. Jean Davis motioned to instruct the Manager to write to Anthony W. Greer informing him of the Borough’s policy with regards to sewage hook ups in the Township and the need of an agreement with the Township. Paul Snyder second the motion and the motion passed by 7-0 voice vote. Mayor Allen also instructed Manager McFadden to send a cc to the Borough Municipal Authority.
Manager McFadden stated that there was a good possibility that the Council may be invited to the next Authority Board meeting August 7th at 5pm.
Also available for Council’s review was a letter to DEP, Steven Beckman of July 12, 2000; a letter to Powell Sanitation & Construction; and a memo on the approximate start date of August for smoke/dye testing.
A memo from WWCT requesting a change in the connection and termination billing formula policy was received and discussed. Manager McFadden stated that it was brought to our attention that we had been informally following this procedure for estimates but it is not in the Ordinance. This revision would clarify and specify prorate start up and termination formula to follow. If we do not change this policy we would have to charge the full period on start up by tenants moving in as well as new establishments. It was noted that the minimum is more than a usage charge but an amount to sustain the infrastructure. Manager McFadden agreed to get more information about this request as well as inviting the person requesting this change to attend the next meeting to directly communicate his reasoning for this change.
It was noted that the Manager would be meeting with Washington Township on the emergency response plan request by the Township for the water system.
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RULE BOROUGH OF EDINBORO COUNCIL MEETING
Page 7 July 24, 2000
August E. Maas of Hill Engineering, Inc. provided a copy of the bid tabulation on Contract 1-00 Concrete Sidewalks, Curbs and Pavers for CDBG Downtown Project as follows:
Eriez construction, 2218 East 30th Street, Erie, Pa 16510 $139,906.00
Norus Cross Co., PO Box 302, Meadville, PA 16335 96,185.00
Guzik Concrete & Masonry, 35713 Shelley Lane,
Union City, PA 16438 127,330.00
Concrete Services Corp., 3000 Blair Road, Fairview,
PA 16415 164,946.00
Speria Construction, 3451 Piney Fork Road, Library,
PA 15129 209,360.00
August Maas recommends the awarding of this contract to Norus Cross and Company, Inc. which is a responsible and qualified to complete this work as well as all work would be done by WBE or MBE companies which would satisfy the MBE/WBE requirement of the contract.
Jean Davis motion to accept Hill Engineering’s recommendation to award the bid to Norus Cross and Company. Inc. in the amount of $96,185.00 for CDBG Phase II Downtown Revitalization Project Contract 1-00 Concrete Sidewalks, Curbs and Pavers. Motion was seconded by Caroline Rhodes and passed by unanimous voice vote of 7-0.
Manager McFadden was instructed to notify Norus Cross and Company, Inc. of the Council’s decision. Charles Brand asked why the job included pavers when he thought they were all purchased last year. Manager McFadden stated it was because they had expanded the property lines of the job and that grant monies was available.
Mayor Allen announced that a public meeting on Main Street/Downtown Revitalization would be held September 12th at 7:00 p.m. in the Council Chambers. The presentation would be by Bill Fontana, Executive Director of Pennsylvania Downtown Center.
A letter was received from Anna Cole & Mae Downs by Mayor Allen dated July 9, 2000 in regards to parking at the July 4th event. Also received today was a letter from Ms. MacIntire, Titusville, PA in regards to parking. Mayor Allen stated that this matter of parking and no parking zones must be discussed before next year’s event.
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RULE BOROUGH OF EDINBORO COUNCIL MEETING
Page 8 July 24, 2000
A request from the Erie County Flag Foundation requesting donation was discussed and no action was taken.
Robert Gray asked if the 6N grant to pay for the bike path is then wasted money since they will be putting sidewalks in there place. Manager McFadden stated that to save the trees the bike path would need to be used for the sidewalks. Caroline Rhodes asked if it could be possible to design instead of sidewalks a shared path.
Caroline Rhodes stated she received a survey from PSAB and requested that Manager McFadden have the Code Enforcement Officer complete it.
Mayor Allen stated that many put out the garbage early in the day and lately the recyclables have not been picked up. Manager McFadden was instructed to see what the problem was with the haulers.
Mayor Allen adjourned the meeting into executive session at 9:00 p.m. to discuss personnel matter and the Penn Union/ Teledyne legal case. Meeting was called back to order at 9:32 p.m.
Charles Brand motioned for adjournment, and unanimously approved by voice vote at 9:35 p.m.
ATTEST:
__________________________ _____________________________
Manager E.R. Buck McFadden Mayor Clifford E. Allen
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HIGHLIGHTS COUNCIL MEETING
July 24, 2000
APPROVED:
1. Minutes of July 10
2. Payables & Payroll
3. Award bid to Norus Cross for Sidewalks-CDBG downtown project
4. Authorize drafting Ordinance for rezoning of Philip Walker property.
5. Resolution 9-2000 adopting Comprehensive Plan
6. 8 Colonial Style streetlights in Scots Glen Phase I subdivision
MEETINGS:
1. August 7th 5 p.m. Authority Meeting
2. August 14th 7:00 p.m. Council Meeting
3. PLCMA North West Meeting hosted April 2001 by Borough
TABLED:
1. Motion to have Sidewalk Ordinance 373 sent to Ordinance Review Committee or Committee of the Whole with Point to review.
2. Motion to accept recommendation from PennDOT for 6N and 99 intersection.
MANAGER INSTRUCTED TO DO:
1.
Furnish all
Council members with copy of Sidewalk Ordinance & any changes adopted to
date.
2.
Check with
police officer’s in respect to “Animal” in Borough Ordinance 10-5-3 Section
A. Cats and possible state law on
cats. Inform James Coates 734 6815 and
Diane Cornelius 734 7457 of findings in respect to cats and Councils decision.
3.
Prepare
sidewalk estimates – estimate of costs Borough would have to be responsible
for: (1) 99N from existing to Tarbell Lane
(2) Tarbell Lane to include Weaver’s Property
(3) Any area to be recommended is cost out with depth and width of properties provided.
4. Draft Ordinance and advertise 2nd reading August 14th and 3rd and final reading August 28 for Philip Walker rezoning
5. Find out what doing for streetlights in the Borough on covasacs.
6. Contact Frank Johnson to get GPU study on light intensity at the end of Brookview Drive.
7. Get written response from PennDOT on left turn signal coming west on 6N at 99 intersection.
8. Notify persons, in area affected by no parking , of PennDOT study and recommendations and Council’s pending action.
9. Write letter to Anthony Greer stating Borough policy on sewage hookups in the township. Send copy to Municipal Authority.
10. Review parking & no parking zones before the next July 4th event to avoid problems with tickets, etc as received this year.
11. See what the problem is with garbage/recycling hauler not picking up.
DAVE ZAMIEROWSKI:
1. Furnish Council with synopsis of costs of sidewalks.
2. Complete PSAB survey
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