HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
Page 1 June 11, 2001
The following Council members were present: Caroline Rhodes, Jean Davis, Robert Gray, Charles Brand, Paul Snyder and Mayor Clifford Allen. Council member absent was George Finney. Also in attendance were E.R. Buck McFadden, Borough Manager; and Marie Lander, Assistant to the Manager. Guests present were Barbara Jacobs and Dick Ropp.
Mayor Allen introduced the minutes from the Regular Scheduled Council Meeting held May 21, 2001. Caroline Rhodes moved for approval of the minutes and Jean Davis second. Caroline Rhodes requested the insertion on Page 5 under Communications "for to loan a place with ample parking" to "for help with attaining funding for ample parking". With no objections the corrected minutes were approved by 5-0-1 vote.
Dick Ropp, requested time to discuss situation with granddaughter's 1999 Earned Income Tax. First he handed out letter he sent May 28th to Manager McFadden. Manager McFadden asked if he received his letter of June 8th. Mr. Ropp had not and he was given a copy. He detailed the situation and requested that the Borough pay the $43.50 District Justice charges or have the Justice cancel the charges. Manager McFadden stated he had talked to staff and District Justice prior to sending a response. Mr. Ropp felt that the address on Justice office notice was different then the one the notices went too. Manager McFadden stated he would look into this and see if this was a technicality that should be addressed. His granddaughter did come in and file the form and make a payment schedule with the District Justice. Mayor Allen explained there was no way to know that she had no income or not until she filed the form. Mr. Ropp stated he left phone messages May 25, 26, & 27 and sent a letter May 28th. Manager McFadden apologized for not responding timely. Caroline Rhodes stated she had a similar complaint from a girl and wanted to know how many of the 52 owed money and number that had no taxable income. Ms. Rhodes felt they must affirm the procedure for those that owe and felt there were never complaints before and wondered why now. Manager McFadden stated that you don't know if they owe funds until they file a return and he would get the information on the number of none taxable income of the 52 that went to the Justice.
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
Page 2 June 11, 2001
George Finney arrived at 7:05 p.m.
Frank Hudak was on the agenda regarding neighbor's burning and smoke in his yard and home. He was unable to attend but Mayor Allen on his behalf informed Council that a neighbor behind him was burning and he had contacted the police but nothing was done. He would like to know what the burning ordinance said. Manager McFadden stated that it allowed a control burn at certain hours and smoke was not in the ordinance. It was suggested to send a copy of the Ordinance to Frank's neighbor and put the ordinance on the cable channel. The Ordinance Review Committee would look further into this ordinance at its June 18th meeting. Copy of present ordinance revised 1992 plus copy of model ordinances from American Lung Association should be sent to committee for review prior to the June 18th meeting.
Being no other citizens interested in public participation, the Mayor moved on to Old Business.
Mayor Allen asked Charles Brand to report on the Personnel Committee meeting and their recommendation for the Zoning Hearing Board Alternate. Charles Brand stated that Committee (Paul Snyder, Caroline Rhodes, & Charles Brand) met May 30th to interview Barbara Ann Jacobs of 111 Beau Drive and voted unanimously to recommend her to the appointment as alternate to Zoning Hearing Board for the term to expire February 10, 2003. Paul Snyder second the motion and it passed unanimously by 7-0 voice vote. Ms. Jacobs was welcomed and thanked for volunteering to serve on the Board.
Employee Safety Program Manual was presented by Manager McFadden. Jean Davis motioned the acceptance by Resolution 7-2001:
HOME RULE BOROUGH OF EDINBORO
RESOLUTION NO. 7-2001
WHEREAS, the Safety Committee, representing the various operating departments of the Home Rule Borough of Edinboro and the Edinboro Volunteer Fire Department, has worked diligently to develop a written employee safety program; and
WHEREAS, the development of a written employee safety program is a requirement for full participation, including eligibility for monetary awards, in the various Penn Prime insurance pool programs in which the Home Rule Borough of Edinboro does participate; and
WHEREAS, the development of the written employee safety program has included review by Council of the Home Rule Borough of Edinboro; and
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HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
Page 3 June 11, 2001
WHEREAS, said written employee safety program is attached hereto as Exhibit A.
NOW, THEREFOR, BE IT RESOLVED by Council assembled this 11th day of June, 2001 that the Employee Safety Program, attached hereto as Exhibit A and made a part hereof, is adopted hereby as the Employee Safety Program of the Home Rule Borough of Edinboro.
The motion was second by Charles Brand and discussion followed. With no further discussion the resolution passed by the following role call vote: Robert Gray, yes; George Finney, yes; Jean Davis, yes; Caroline Rhodes, yes; Charles Brand, yes; Paul Snyder, yes; and Mayor Allen, yes.
Public Water Emergency Response Agreement and Developers agreement of Holmstrom property were continued to be tabled.
Mayor Allen stated that there was still one vacancy as alternate on the Environmental & Shade Tree Advisory Committee.
Cable TV Committee: Robert Gray, Chairman - Nothing to report.
Finance Committee: Jean Davis, Chairman - Memo was received in everyone's packet from the meeting. It was a useful meeting going over the changes year to year and differences as well as comparing audit reports to budget information. We will be going over the working budget for the next couple of months. Manager McFadden requested guidance on two items that he may be discussing at the PLCM conference. He would be traveling Tuesday for meeting Wednesday through Saturday with Mayor Allen. The University Community Network will be meeting on Wednesday with SSHE representatives and these subjects may be entertained and Council's recommendations would be appreciated. The first is MPSST, which the league supports and advocates the enactment of up to $50 to replace municipal OPT $5. The second is the admissions/amusement tax, which already exists that could be discussed with EUP of potential income in lieu of taxes. Discussion followed and Jean Davis motioned to have the Manager look into MPSST at the PLCM conference and to advocate and encourage passage of the legislation. George Finney second the motion and it passed by 7-0 voice vote. Jean Davis motioned and Charles Brand second the have the Manager explore the Admissions/Amusement Tax at the PLCM conference and permission to have preliminary discussion with Jim Sheehan of EUP. After discussion the motion passed by 5-1-1 voice vote.
Ordinance Review Committee: Caroline Rhodes, Chairman - Reported they met June 2nd with Manager McFadden, Jean Davis and Caroline Rhodes present. Paul Snyder was absent. On the agenda was codification and noise ordinance. The committee asked the Manager to work with Representative Evans to secure a grant for the codification. On the Noise Ordinance review they found that the current practice needed
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
Page 4 June 11, 2001
a third person's complaint for police action but a model ordinance like Clarion may be better and was recommended by Chief Craft. The committee would meet again Jun 18th 6:30 p.m. to review more information on the noise ordinance and also on burning ordinance. Mayor Allen stated at the Wednesday meeting of PLCM they would be sharing some ordinances and he would make sure that copies would be brought back to the committee.
Personnel Committee: Charles Brand, Chairman - Meeting June 2nd reported above in public participation.
Recreation Committee: Charles Brand, Chairman - Nothing to report
Public Safety Committee: George Finney, Chairman - No report.
Streets, Buildings & Grounds Committee: Paul Snyder Chairman - No report.
Town-Gown Committee: Mayor Allen, Chairman - Manager McFadden stated he would set something up when they get back from the PLCM conference.
Committee of the Whole: Nothing to report.
Letters from Attorney Marsh to Richard A. Lanzillo, Esq. regarding James Property - Sidewalk issue was available for Councils review.
Letters regarding the boat to Washington Township, Edinboro Volunteer Fire Department, and Lake Foundation were available for review. Paul Snyder wanted to know how the amount of money was arrived at. Manager McFadden stated that Washington Township agreed to contribute so the costs are split four ways as well as the $9,000 was reduced to $8,000 with the purchase of a less expensive boat, motor, and trailer. Paul Snyder also asked how it was determined that police could act on the Lake? Manager McFadden stated they had a letter authorizing action on the Lake by Police from Washington Township for the July 4th event and other letters could be obtained. There used to be mere ordinances but was repealed by Washington Township. Manager McFadden went into detail about the maps showing the Borough's ownership of the Lake was unclear and per Lakeside acquisitions they are in the process of making new maps with the GIS system. He also stated that Chief Craft felt they could act on the Lake and he would explain this to members present at the ordinance review meeting June 18th.
Letters from and to William De Jong, Ph.D. was available for review. Mayor Allen also explained that Dr. De Jong was in town last week Thursday and Friday interviewing people and interviewed him today regarding his sociological research on communities which had experienced a school-related shooting.
Information on shared bike path on Lakeside Drive being requested for grant approval was available for review as requested. Discussion followed with Paul Snyder asking why they don't put a cement sidewalk with grant instead of asphalt pathway. It
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
Page 5 June 11, 2001
was explained that a grant is not available for sidewalks only available for recreational bike/walkway paths. Manager McFadden tried to understand if Mr. Snyder wanted residents to put in a sidewalk instead of getting a grant for a bike shared pathway. Jean Davis called for the Mayor to move on with the agenda and George Finney second. The motion carried by 6-1 voice vote.
Mayor Allen introduced the bills for payment. Charles Brand moved approval of the submitted bills totaling $143,864.08 dated June 11, 2001 and Caroline Rhodes second. Caroline Rhodes requested proposals for property/liability insurance and employee health insurance because of the high costs of these two items. With no objections the motion to approve the bills passed by 7-0 voice vote.
Mayor Allen introduced the payroll ending May 25, 2001 paid June 1, 2001 totaling $45,287.85. George Finney motioned for the acceptance and Caroline Rhodes second. With no objections the payroll was approved by 7-0 voice vote.
Manager McFadden introduced an agreement to collect EIT for GMSD, which he would have the Finance Committee review. GMSD is looking for us to enter into this agreement in the near future. It is a standard agreement for all municipalities and we feel all points in the agreement are doable. This agreement will be reviewed by Finance Committee and brought to Council in July.
Mayor Allen informed Council that information on a working foreman was available in the packets for their review.
Manager McFadden asked for direction on a letter to the grant source for the School Resource Police Officer. He explained that their letters to municipalities for support was not positive and based on this response he felt the grant source should be notified in a timely fashion of our appreciation but regrets that we must decline the grant. Caroline Rhodes motioned and Robert Gray second to have the Manager send a letter to the grant source declining the grant because of the maintenance of effort clause. With no objections the motion passed by 7-0 voice vote.
Mayor Allen also felt that the public must be informed so they understand that we have explored all options and it is not an arbitrary action on the Council's part. Manager McFadden was instructed to send a letter to the editor of Times News, Independent, and Meadville Tribune as well as to GMSD Superintendent and President informing them of their decision and reasons.
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HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
Page 6 June 11, 2001
Manager McFadden present Council with the Memo detailing the July 4th traffic patterns and a map for the EMTA shuttle. Discussion followed as Manager McFadden explained the memo in detail. It was also discussed in the long term to possibly use the Mall and Mill Street to increase vendors. It was understood that the EMTA shuttle was free to the riders and any costs would be the Fireworks Committees responsibility. Mayor Allen stated he thought the committee had done a good job and thought out even the shuttle and traffic situation.
Wastewater Collection & Treatment:
Manager McFadden reported that there would be a joint executive session June 19th at 6:30 p.m. with the Municipal Authority, Council, Solicitor Marsh, Engineer, WWCT Superintendent, and the Manager and all were encouraged to attend.
Communication received included letter from Edinboro Area Fireworks Inc., Certificate of Appreciation from The Edinboro Autistic Support Class, and notice of NRA Youth Outdoor Sportsfest July 21.
Being no further communications the Mayor moved on to new business.
Jean Davis stated that we have had the Triathlon, EUP Home Coming, and Highland Games which we do not charge for police overtime and employee person and she felt they should not charge the Fireworks Committee. Charles Brand felt the others benefit others as nonprofits and the Fireworks Committee has vendors involved. Caroline Rhodes felt all should be treated the same way. Manager McFadden explained the billing process was expense of electric, police officer, and public workers employee if needed less the income to Borough from vendor permits. Paul Snyder motioned and Jean Davis second to have Council review the bill before it was sent to the Fireworks Committee. With no objections the motion passed by 7-0 voice vote.
Being no further matters to come before Council, Mayor Allen asked for a motion to adjourn.
Jean Davis motioned for adjournment, and with no objections it was unanimously approved by 6-0 voice vote at 8:33 p.m.
ATTEST:
_________________________ _____________________________
Manager E.R. Buck McFadden Mayor Clifford E. Allen
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HIGHLIGHTS
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
June 11, 2001
· Payment of bills
· Payment of payroll
· Minutes
· Barbara Jacobs as Alternate ZHB term end 2/10/2003
· Employee Safety Program Manual - Resolution 7-2001
· Approved letter turning down School Resource Police Officer grant - also have Manager send letter to Editor & GMSD President & Superintendent on reasons for Council's actions
· Manager authorized to look into MPSST & advocate legislation passage
· Manager authorized to explore admissions/amusement tax at PLCM conference & have preliminary discussions with Jim Sheehan (EUP)
POSTPONED
· Public Water Emergency Response Agreement
· Vacancy Alternate Environmental & Shade Tree Advisory Committee
· Agreement with GMSD on EIT - Finance Committee to review
· Developer agreement and site plan - Holmstrom property
UPCOMING MEETINGS:
· Summer Council schedule- Council to bring planners to finalize (no meetings June 25th, July 9th, and August 13th)
· Ordinance Review Committee June 18th 6:30 p.m.
· Executive Session June 19 6:30 with Authority, Solicitor, Engineer, & Manager
· Environmental Shade Tree Advisory Committee July 11th 7 p.m. - Give newspaper article to review use of these chemicals & Borough's impact on environment - Committee to review and give recommendations.
· Lake Foundation Meeting & Public Information Session July 17th
· Council Meeting July 23, 2001 7:00 p.m.
· Authority Meeting August 6th 5:00 p.m.
· Set up meeting for Emergency Management Response Plan update
· Reschedule meeting of Town-Gown Committee with EUP
· Copy of burning ordinances - Lung Association & Borough's (Chapter 15 revised 1992) send out for review prior June 18th meeting--also have Manager & Chief Craft present for meeting.
· Have Chief Craft explain his reasoning for Police having jurisdiction on Lake at Ordinance Review Committee meeting June 18th.
· Dick Ropp - address of EIT notice letters and see about stopping Justice Action until reviewed and discussed with granddaughter-out of 52 filed charges against # had no taxable income
· Call and remind Council & Authority of June 19th 6:30 p.m. executive session
· Letter to decline School Resource Police Officer
· Letter to Editor (Times News, Independent, Meadville Tribune, GMSD Superintendent & President) explain explored all options and maintenance of effort and not arbitrary action on Council's part.
· Put present burning ordinance on cable channel
· Look into Admissions/Amusement tax at PLCM conference and have preliminary discussions with Jim Sheehan (EUP)
· Look into MPSST legislation at PLCM conference and advocate its passage
· Council requested the review of invoice for services (off set by vendor permits) before it is sent to the Fireworks Committee after 4th July event.
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HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
June 11, 2001
7:00 p.m.
I. Call to Order by Mayor Allen
II. Roll Call: Charles 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 of Regularly Scheduled Meeting May 21, 2001
ACTION: Motion to approve minutes
IV Persons Requesting Time To Address Council
1. Dick Ropp - Regarding daughter's local EIT
2. Frank Hudak - Regarding neighbors burning/smoke in his yard & house
V. Old Business
A. Employee Safety Program Manual – ACTION: RESOLUTION TO ADOPT
B. Public Water Emergency Response Agreement between Washington Township & The Home Rule Borough of Edinboro – TABLED
C. Committee Vacancies -
1 alternate - ZHB term end 2/10/03- application received 5/7-sent to Personnel Committee for interview and recommendations--Committee recommends appointment Barbara Ann Jacobs. ACTION: Acceptance of recommendation & appointment
1 alternate - Environmental Shade Tree Advisory Committee
D. Agreement with Developer of Holmstrom property - Tabled
VI. Committee Reports
1. Cable TV - Robert Gray, Chairman
2. Finance Committee - Jean Davis, Chairman
Memo on June 4, 2001 meeting - FYI
3. Ordinance Review Committee - Caroline Rhodes, Chairman
Met June 6, 2001
4. Personnel Committee – Charles Brand, Chairman
Report of Committee
5. Recreation - Chuck Brand, Chairman
6. Public Safety – George Finney, Chairman
7. Street, Buildings, and Grounds – Paul Snyder, Chairman
8. Town-Gown - Kip Allen, Chairman
9. Committee of the Whole -
VII Solicitor's Report:
A. DEP EHB Docket 2000-125- R :
B. Orr Brothers:
C. Sidewalks
1. From Attorney Marsh to Richard Lanzillo, Esq. - FYI
VIII Manager's Report:
A. Manager
1. Letters regarding boat - FYI
2. Letter from & to William De Jong, Ph. D. - FYI
3. MANAGER INSTRUCTED TO:
· Reschedule meeting of Town-Gown Committee with EUP
· Set up meeting for Emergency Management Response Plan update
· Hold payment to Boetger until Finance Committee approval
· Look into codification grant status
· (Information on shared bike path being requested for grant approval - attached FYI)
B. Finance
1. Authorization to Approve Bills, to be paid June 11, 2001
Action: Motion to approve bills $
2. Authorization to Approve Payroll
Action: Motion to approve payroll ending May 25, 2001 paid June 1, 2001 totaling $45,287.85
3. Earned Income Tax
Agreement to collect EIT for GMSD - FYI
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C. Personnel
1. Working Foreman - FYI
D. Public Safety
1. Emergency Management
2. Emergency Medical Service (EMS)
3. EVFD
4. Police
a) Police Reports - no report
b) K9 grant - submitted 09/08/00 - no response as of this date
c) School Resource Police Officer
1. Draft Correspondence - ACTION: Approval of correspondence
5. Employee Safety Committee
E. BOCA/Code Enforcement
1. Monthly Report - None
2.
F. Planning – See BOCA/Code Enforcement Report
G. Zoning – See BOCA/Code Enforcement Report
H. Public Works
1. Sanitation
2. Building & Property
3. Streets/Storm Sewers/Signals/Signs
a) Monthly report - None
4. Park & Recreation
5. Lake - Beach open
6. Environmental Shade Tree Advisory Committee
7. Dam
8. Recycling Leaves
I. Wastewater Collection & Treatment
1. Joint Municipal Authority & Council executive session scheduled for June 19th 6:30 p.m. with Solicitor & Engineer
J. Water System
1. Washington Township related issues - Borough/Authorities and Township/Authorities Master Agreement – tabled
2. Monthly Progress Report - None
K. Community Development/Project Coordination
1. Monthly report - None
2. Changes in grants applied for: NONE
IX Communications
A. Edinboro Area Fireworks Inc. - FYI
B. Certificate of Appreciation - FYI
C. Outdoor Sportsfest - FYI
X. New Business
XI. Special Reports
XII. Adjournment
REMINDERS:
Summer meeting schedule:
No meetings June 25th; July 9th; and August 13th.
Next Council Meeting July 23, 2001 7:00 p.m.
Authority Meeting MONDAY, August 6, 2001 5:00 p.m.
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