HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

 

Page 1                                                                                                      February 26, 2001

 

Call to Order:

Monday, February 26, 2001, Mayor Clifford Allen called regularly scheduled meeting to order at 7:05 p.m.

Roll Call: 

The following Council members were present:  Charles Brand, George Finney, Caroline Rhodes, Jean Davis, Robert Gray, Mayor Clifford Allen and Paul Snyder.  Also in attendance were E.R. Buck McFadden, Borough Manager; Dave Zamierowski, Code Enforcement Officer; and Marie Lander, Assistant to the Manager.  Guests present were Kristie Radecki, Carol Loll from Erie County Council, and Karen Tuminello. 

 

Minutes:

Mayor Allen introduced the minutes from the CDBG Public Hearing held February 12, 2001.   Caroline Rhodes moved for approval of the minutes and Jean Davis second.  The motion passed unanimously by voice vote 7-0.

 

Mayor Allen introduced the minutes from the Regular Scheduled Council Meeting held February 12, 2001.   Charles Brand moved for approval of the minutes and Caroline Rhodes second. The minutes passed unanimously by voice vote 7-0.

                                                                                                       

Deviation from Agenda:

            Charles Brand asked Mayor Allen to deviate from the agenda to approve minutes of Personnel Committee of February 20, 2001.  With no objections, Charles Brand recommended for the Personnel Committee to Council the appointment of Kristie Radecki, 304 1/2 Cypress Street as an alternate to the Zoning Hearing Board with a term to expire February 12, 2004.  Caroline Rhodes second the motion and it was unanimously passed by 7-0 voice vote.  Kristie Radecki was welcomed and informed that a letter would be sent to her with the upcoming schedule of the Zoning Hearing Board.

 

            Mayor Allen returned to the agenda to take public comment.

 

Public Participation:

            Being no one interested in public participation the Mayor moved on to Old Business.

 

               

 

 

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Page 2                                                                                      February 26, 2001

 

OLD BUSINESS:

            Employee Safety Program Manual and Public Water Emergency Response Agreement were continued to be tabled.

 

            Edinboro Volunteer Fire Department Fire Protection Agreement for 2001, which was tabled last meeting review was presented with assurance that it was the same as last years.  Paul Snyder motioned and Charles Brand second to accept the EVFD Fire Protection Agreement for 2001.  With no objections the motion passed unanimously by 7-0 voice vote.  Manager McFadden was instructed to execute the agreement and forward it on to the Edinboro Volunteer Fire Department.

 

            Mayor Allen asked if anyone was interested in volunteering to be Council representative to Edinboro Area Chamber of Commerce.  With no volunteers Mayor Allen appointed Deputy Mayor Caroline Rhodes as the Council's representative.

 

            Mayor Allen stated that there was still one vacancy as alternate on the Zoning Hearing Board and two vacancies on the Environmental & Shade Tree Advisory Committee.  Mayor Allen with no objections appointed Councilman Jean Davis to the Environmental & Shade Tree Advisory Committee.  Remaining two vacancies would be advertised.

Committee Reports:

                Cable TV Committee:  Robert Gray, Chairman - Noted that a letter was received from COAX regarding new channels and new fee schedule.

           

Finance Committee:  Jean Davis, Chairman - nothing to report.         

 

Ordinance Review Committee:  Caroline Rhodes, Chairman  - nothing to report.

 

Personnel Committee:  Charles Brand, Chairman.  Monday February 26 at 6:00 p.m. Council met as a Committee of the Whole in executive session to perform the Manager's annual review.   Mayor Allen stated that he would have minutes of the review typed and copies given to Council members for review and a copy for the Manager's personnel file.

           

Recreation Committee:  Charles Brand, Chairman - nothing to report.

 

Mayor Allen asked Councilman Jean Davis or Manager McFadden who attended the Joint Recreation Advisory Committee meeting on February 20th to report.  Manager McFadden stated that along with the Borough representatives was Washington Township,

 

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Page 3                                                                                                                  February 26, 2001

 

the YMCA, and Culbertson Hills Golf Resort.  Discussion was on the issue of the outdoor pool being leased or not this summer from Culbertson Hills.  As of this moment the pool will not be leased even though the YMCA was prepared to operate it even without contributions from the Borough.  It was noted that the Borough had discontinued their donation of $2,500 toward the outdoor pool in FY2000 since the cost of life guards at Crawford Beach were approximately $17,000 a year which the Borough gets no help with this cost.  Washington Township contributes $2,500 also to the YMCA for the outdoor pool operation.  The Culbertson Hills representative stated the pool would not be made available because they were loosing too much money in prior years from $5,000 to $15,000 per year.  Point of discussion that the pool is within 300 feet radius of the Culbertson Hills Club House which was requesting a liquor license.  Also discussed was Washington Township, Franklin Township, Edinboro Borough, GMSD, and North Western School District going together for a Growing Greener application to acquire the pool for $200,000 with 1/2 of the value being donated by Culbertson Hills as the grant match.  YMCA goal to have an indoor pool and an outdoor veranda at their present site costing two million dollars, which is a long way from obtaining sufficient funds; at the same time as an outdoor pool being purchased and operated by the community; and the Edinboro Lake Restoration and Preservation Foundation working for the Lake would split the community and it would be better directed toward the Lake.  The Orr brothers indicated the inter relationship with the execution of Act 537 and availability of the pool.  The grant suggested is a capital grant for acquisition costs only and operation and maintenance costs is still the issue.  The operation and maintenance costs would be just like the Borough has for the Lake of over $17,000 each year even though it is enjoyed by many other municipalities it is the Borough's cost.

Jean Davis mentioned that the Orr Brothers costs for the pool have only been taxes as the YMCA with help of the donations and donated labor took care of the operation and maintenance.  She stated that the Borough and the YMCA had no notice that the pool would not be leased this year until they received a letter dated February 20, 2001 from the Culbertson Hills Golf Resort.  Jean Davis read the following from the letter which quoted a "letter dated March 20, 2000, from Attorney David Devine, to Edinboro Solicitor Ritchie Marsh, as follows:  " Culbertosn Hills has always operated as a public facility offering many advantages to the local community.  If current negotiations fail to provide sewer services to the golf course adjacent lands the local citizenry will be notified of the elimination of access to numerous assets".  This letter was also forwarded to Washington Township and the DEP.  Eleven months have passed since this statement was made and the citizen's use of the outdoor pool is the first asset to be affected by the inability of the two governments to cooperate for the good of the community.  We respectfully request the Borough of Edinboro and Washington Township to ratify a regional sewer agreement by Friday, April 6, 2001." 

Manager McFadden stated that they don't have it because the Culbterson's told DEP it wasn't available and filed a private request stating our system was not available to his property and DEP agreed while we do not agree and have proof of it.

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Charles Brand asked if they did the Growing Greener application would they have to keep the pool for ever or have to pay back the grant?  Yes, because it is a capital grant.

 

Public Safety Committee: George Finney, Chairman reported that a meeting was scheduled for March 1st at 10:00 a.m.

Streets, Buildings & Grounds Committee: Paul Snyder Chairman - No report.

 

            Town-Gown Committee: Mayor Allen, Chairman reported a letter was sent to James Sheehan of EUP to try and set up a meeting date.

 

            Civil Service Commission:  Mayor Allen asked Manager McFadden to advertise the opening on the Civil Service Commission and see if it was appropriate to have a Council member on the Commission.

Solicitor's Report:  

In regards to Borough of Edinboro V. Teledyne Industries, Inc. and Penn Union Coporation C.A. No. 97-322-E a letter was received from Attorney Marsh to Lauren McAndrews dated February 19th for Council's review.

 

            In regards to Tarbell Lane a letter from Attorney Marsh dated February 20th was received for Council's review.

 

In regards to letter from Attorney Marsh dated February 13, 2001 on PLCB hearing and PLCB notice was in the Council's packets for review.

           

Managers Report:

                       

FINANCE:   

            Mayor Allen introduced the bills for payment.  Jean Davis moved approval of the submitted bills totaling $31,720.25 dated February 27, 2001 and Charles Brand seconded. The motion passed unanimously by voice vote of 7-0.

 

Mayor Allen introduced the payroll ending January 20, 2001 paid January 26, 2001 totaling $52,154.24; payroll ending February 3, 2001 paid February 9, 2001 totaling $44,737.66; and payroll ending February 17, 2001 paid February 23, 2001 totaling $44,484.16.  Caroline Rhodes motioned there acceptance and Jean Davis second.  With no objections the payroll was approved by 7-0 voice vote.

 

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Page 5                                                                                      February 26, 2001

 

            PERSONNEL:

            Manager McFadden informed Council that the employee performance reviews were completed.

 

            PUBLIC SAFETY:

            Mayor Allen reported on the Edinboro Volunteer Fire Department's annual banquet to honor the installation of new officers for 2001.  Present was Paul Snyder, Manager McFadden and myself.  The following were honored:

            2001 EVFD Line Officers:  Chief Guy S. Sayers; 1st Assistant Chief Gary Shelhamer, 2nd Assistant Chief David Cummings, 1st Captain Bryan Sheeder, 2nd Captain Chris Conn, Ambulance Captain Becky Gould, Asistant Ambulance Captain David Salser, 2nd Ambulance Captain Gregg Emig, Fire Police Captain John Blasko, 1st Fire Police Lt. Jim Burger, 2nd Fire Police Lt. Fred Langill, Dive Captain Daryl Parker, and Assistant Dive Captain Brian Jones.

            2001 Business Officers:  President Tawnya Gibas, Vice President Daryl Parker, secretary Julie A. R. Gould, and Treasurer Zelma Loop.

            2001 Board of Directors:  President Tawynya Gibas, Chief Scott Sayers, Roy Carlson, Dale gould, Jon Graff, mark Mustante, John Sweeney, Kip Allen, and Vere Woods.

            Police Reports were available for review.  Paul Snyder asked about the comparison of FY2000 and FY2001 parking tickets.  Manager McFadden stated that staff would get back to him on the comparison.

            Mayor Allen asked if the staff had considered a towing service.  Manager McFadden stated he had asked that question at a staff meeting and at that time they did not feel it was necessary, but they would check on the possibility it maybe applicable next year.

            Information on the School Resource Officer requested by Paul Snyder last meeting was available in the Council's packets for review.

 

            BOCA/Code Enforcement:

            Mayor Allen  introduced the subdivision by the Patrick Crawford Estate by reading the following: " The Planning Commission had its regularly scheduled meeting on Tuesday, February 13, 2001.  A set of mylars was presented by the Zoning Officer, indicating a subdivision by the Patrick Crawford Estate.  The property is located in the lakeside area and has within its boundaries the big barn that exists on Monroe Street.  The Crawford Estate Administratrix, Jill Murphey, (Daughter) was told that the area is zoned C-2, and single family houses could not be built in that zone.  The Crawfords still want to complete the subdivision at this time.  The Crawfords will decide what changes if any will be made at a later date.  The Planning Commission approved recommendation and signed the mylars.  Council is asked to approve the subdivision and sign the mylars."  Dave Zamierowski, Zoning Administrator stated that he had talked to

 

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HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

 

Page 6                                                                                      February 26, 2001

 

 

Jill Murphey about them leaving 5 lots to split up among the children and they were aware that they could not build homes because it is C2.  Also with the watch of DEP on Lakeside they would need DEP permission to permit sewer on Lakeside.  They could come at a later date to rezone to R3 to build cottages because that would be a continuation of existing zoning depending on which lot.  They are completely aware of the situation and this subdivision will help settle the estate and prepare conforming lots.   Charles Brand motioned and Paul Snyder second that the subdivision be approved as presented and mylar be signed by Council.  The motion passed unanimously by 7-0 voice vote.    

Mayor Allen noted that a Zoning Public Hearing was scheduled for March 7th.

 

            Waste Water Collection & Treatment:

            Information was available for Council's review on a letter to Robert & Margaret Matthews and to PADEP Christina Nagy as well as a letter from Attorney Marsh.

            Jean Davis asked about the letter, which stated that Powell Sanitation would clean Mill Street twice a year.  Manager McFadden stated this was because of grease build up and girt that is normal build up.  This is a routine cleaning depending on accumulation.  Jean Davis asked if they would be enforcing the grease trap requirements of the ordinance.  Manager McFadden stated they will begin dealing with this subject shortly.

 

            Water System:

            Monthly report from the Water Superintendent and copy of advertisement for a part time person to work 32 hours per week was available for Council's review.

 

            Community Development/Project Coordinator:

              List of grants we have applied for along with the status and dollars received if any was available for Council's information as well as the Project Coordinator's monthly report.

              Mayor Allen introduced Resolution No. 6-2001 as follows:

 

                                  RESOLUTION APPROVING A REVISION

TO EDINBORO BOROUGH'S

FFY 2000

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

 

RESOLUTION NO.  6-2001

 

WHEREAS, Edinboro Borough has been designated an "entitlement" municipality under the provisions of the Pennsylvania Department of Community and Economic Development, Community Development Block Grant (CDBG) Program and the Commonwealth of Pennsylvania's Legislative Act 179 of 1984; and

 

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

 

Page 7                                                                                      February 26, 2001

 

WHEREAS, the Borough received a CDBG grant of $167,723.00 for fiscal year 2000 and previously resolved to use a portion of said funds in the following manner: Parks and Recreation, $25,158.91; and

 

WHEREAS, the Borough desires to made a design/programmatic change to this activity to allow for shoreline and stream deflector improvements to Mallory Run, an area which only allows fishing for children and the physically challenged.  This improvement will increase the safety of the children and physically challenged.

 

WHEREAS, such a design/programmatic change constitutes a revision to the CDBG program which the Borough is permitted to initiate and approve and then document to the PA Department of Community and Economic Development for recording purposes.

 

NOW, THEREFORE, BE IT RESOLVED, by the Edinboro Borough Council that the Borough hereby approves the revision of the Parks and Recreation activities to the FY 2000 CDBG program and authorizes the Grant Coordinator to submit all applicable documentation to the PA Department of Community and Economic Development.

 

Jean Davis motioned acceptance of Resolution 6-2001 and Caroline Rhodes second.  With no objections the motion carried by role call vote 7-0 as follows:  Caroline Rhodes, yes; Charles Brand, yes; Paul Snyder, yes; Robert Gray, yes; George Finney, yes; Jean Davis, yes; and Mayor Allen, yes.

Communications:

            Mayor Allen introduced communication from Edinboro Lions Club on there hosting an "Ice Fishing Contest" on Edinboro Lake February 17th and 18th.

 

Mayor Allen asked if there was any further communications or new business.

New Business:

            Caroline Rhodes stated she attended an Erie Historical Association Banquet where the Borough received acolytes for the Fountain and the Juke Box Barn repainting which was nominated by Sarah Thompson of the Edinboro Historical Society.    Ms. Rhodes would bring the plaque in so the crew who painted the fountain could see it and it could be placed in a prominent location.

            Mayor Allen requested that the Manager contact the Historical Society about possibly installing an historical plaque next to the fountain with appropriate historical data as well as a needed disclaimer that the water is not safe for consumption.  It was noted many people stopped to view the fountain when it was up but they really don't know why it was where it was and it's historical information and restoration.

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Mayor Allen mentioned safety issues that the Manager be instructed to contact Jane Earll and John Evans for financial help in crossing state property with a walkway to the Post Office.  There should also be a letter to the University and Dr. Pogue for support.  It was noted that this request was made back in October but no response had been received but it would be good to ask again.

            Jean Davis mentioned that at the Joint Recreation Advisory Committee meeting it had come up about possibly forming a community recreation board and town agreements of cooperation.  Copies of agreements or similar boards will be kept on file for future use.

            Mayor Allen reminded everyone of upcoming Committee, Authority, and Council meetings.   Robert Gray asked about the Northwestern Regional PLCM meeting hosted by Home Rule Borough of Edinboro scheduled for April 17, 2001.  Mayor Allen stated that it would be held at the North Dinning Hall at EUP and he was obtaining centerpieces, etc for the dinner meeting.  All costs of the meals is taken care of by the PLCM but anyone wishing to attend was asked to contact the Manager to get their reservation in.

Adjournment:

            Caroline Rhodes motioned for adjournment, and with no objections it was unanimously approved by 7-0 voice vote at 8:00 p.m.

 

  

ATTEST:

  

 

_________________________               _____________________________

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

 

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HIGHLIGHTS

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

February 26, 2001

COUNCIL APPROVED:

·        Payment of bills

·        Payment of payroll

·        Minutes of February 12, 2001

·        Subdivision of Crawford Estate

·        Resolution 6-2001 CDBG revision

·        Appointment of Kristie Radecki as Alternate Zoning Hearing Board term expire 2/12/2004.

·        Approve EVFD Fire Protection Agreement for 2001

·        Appointed Caroline Rhodes as Council's representative to Edinboro Area Chamber of Commerce

·        Appoint Jean Davis to Environmental & Shade Tree Advisory Committee with term expiring 1/3/03

POSTPONED

·        Employee Safety Program Manual

·        Public Water Emergency Response Agreement

·        Vacancy Alternate ZHB

·        Vacancy Civil Service Commission

·        Vacancy Environmental & Shade Tree Advisory Committee

UPCOMING MEETINGS:

·        Public Safety Committee, March 1st  10 a.m.

·        Authority Meeting, March 7, 2001 5:00 p.m.

·        Council Meeting, March 12, 2001 7:00 p.m.

·        HOST- PLCM Northwestern Regional meeting April 17, 2001

MANAGER INSTRUCTED TO:

·        Advertise vacancies:  Alternate Zoning Hearing Board, Environmental & Shade Tree Advisory Committee, and Civil Service Commission

·        Comparison 2000 and 2001 parking tickets for Paul Snyder

·        Contact Historical Society to see if they would be interested in installing historical plaque next to fountain on post with appropriate historical data and needed disclaimer that the water is not safe for consumption.

·        Write another letter to Jane Earll & John Evans for financial help in crossing state property with a walkway to the Post Office.  Letter to University & Dr. Pogue for support.


 

 

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February 26, 2001

7:00 p.m.

 

I.                    Call to Order by 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:

 

1.    Minutes CDBG Public Hearing February 12, 2001

ACTION:  Motion to approve minutes

 

 

 

2.      Minutes of Regularly Scheduled Meeting February 12, 2001

ACTION:  Motion to approve minutes

 

                       

IV.       Persons Requesting Time To Address Council

 

 

V.        Old Business

A.  Employee Safety Program Manual – Council reviewing - TABLED

 

B.     Public Water Emergency Response Agreement between Washington Township & The Home Rule Borough of Edinboro – TABLED

 

C.     Edinboro Volunteer Fire Department - Fire Protection Agreement 2001 - same as last years agreement -   ACTION: Approval of Agreement

 

D.     Council representative to Edinboro Area Chamber of Commerce -

ACTION: Motion to appoint representative

 

 

E.      Committee Vacancies

1)      Advertised vacancies:  1 alternate ZHB and 2 Shade Tree Committee

 

 VI.      Committee Reports

A.     Cable TV  - Robert Gray, Chairman

1.  Letter from COAX - FYI

B.     Finance Committee - Jean Davis, Chairman

C.     Ordinance Review Committee - Caroline Rhodes, Chairman

D.     Personnel Committee – Charles Brand, Chairman

1.      Minutes Meeting February 20 - ACTION: Recommendation ZHB alternate with term to expire February 12, 2004 of Kristie Radecki, 304 1/2 Cypress Street

2.      Meeting February 26 at 6:00p.m. for annual review of Manager

E.       Recreation - Chuck Brand, Chairman                 

F.      Public Safety – George Finney, Chairman

Meeting Scheduled for March 1st at 10:00 a.m.

G.      Street, Buildings, and Grounds – Paul Snyder, Chairman

H.     Town-Gown  - Kip Allen, Chairman

1.  Letter to James Sheehan - FYI

 

VII     Solicitor's Report:

A.     Borough of Edinboro v. Teledyne Industries, Inc. and Penn Union Corporation C.A. No. 97-322-E :

1.      Letter from Attorney Marsh to Lauren McAndrews-February 19 - FYI

B.     DEP EHB Docket 2000-125- R :

C.     Orr Brothers

D.     Tarbell Lane

1.  Letter from Attorney Marsh dated February 20th - FYI

E.      PLCB

1.       Letter from Solicitor dated February 13, 2001 - FYI

2.      Notice form PLCB - FYI

F.      Sewer Service Agreement

 

VIII      Manager's Report:

A.  Manager

1.       

 

B. Finance

1. Authorization to Approve Bills, to be paid February 27, 2001

                                    Action:  Motion to approve bills  $ 31,720.25

 

2.  Authorization to Approve Payroll

Action:  Motion to approve payroll ending January 20, 2001 paid  January 26, 2001 totaling $  52,154.24

AND  payroll ending February 3, 2001 paid February 9, 2001 totaling $ 44,737.66

AND payroll ending February 27, 2001 paid February 23, 2001 totaling $  44,484.16

 

 

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C.  Personnel

1.      Annual Employee Performance Reviews completed

 

D. Public Safety

1.      Emergency Management

2.      Emergency Medical Service (EMS)

3.      EVFD

4.      Police

a)      Police Reports - report

b)      K9 grant - submitted 09/08/00 - no response as of this date

c)      School Resource Officer - FYI

 

5.      Employee Safety Committee 

 

E.       BOCA/Code Enforcement - REPORT

ACTION:   Approve and sign mylars for Patrick Crawford Estate on Lakeside

 

F.      Planning – See BOCA/Code Enforcement Report

G.      Zoning – See BOCA/Code Enforcement Report

1.  Advertising ZHB Public Hearing March 7, 2001 - FYI

H.    Public Works

1.      Sanitation

2.      Building & Property

3.      Streets/Storm Sewers/Signals/Signs

a.  No Monthly Report

4.      Park & Recreation

a)      Joint Recreation Advisory Committee meeting February 20th at 1 p.m.

b)      Letter from Culbertson Hills Golf Resort - Outdoor Swimming Pool - FYI

5.      Lake   

6.      Shade Tree 

7.      Dam 

8.      Recycling Leaves

 

I.  Wastewater Collection & Treatment

A.     Letter to Robert & Margaret Matthews and PADEP Christina Nagy and letter form Attorney Marsh - FYI

 

J. Water System

1.      Washington Township related issues - Borough/Authorities and Township/Authorities Master Agreement –  tabled

2.      Monthly Progress Report

3.      Advertisement for Part Time Person (32hrs)

 

K. Community Development/Project Coordination

1.      Grants applied for and status:

 

2.      Monthly Report

3.      CDBG revision - ACTION: approval of Resolution 6-2001

 

IX        Communications

A.     Edinboro Lions Club - FYI

B.      

C.      

 

 

X.                 New Business

 

XI.              Special Reports

 

XII.            Adjournment

 

 

 

REMINDERS:

Public Safety Committee Meeting March 1, 2001  10:00 a.m.

 

Authority Meeting              March  7, 2001  5:00 p.m.

 

Next Council Meeting       March 12, 2001  7:00 p.m.

 

Northwestern Regional PLCM meeting hosted by Home Rule Borough of Edinboro is scheduled for April 17, 2001

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