HOME RULE BOROUGH OF EDINBORO

REGULAR COUNCIL MEETING

Page 1                                                                                        December 3, 2001

Call to Order:

Monday, December 3, 2001, Mayor Clifford Allen called regularly scheduled meeting to order at 7:04 p.m.

Roll Call: 

The following Council members were present:  Caroline Rhodes, Jean Davis, Robert Gray, George Finney, Charles Brand, Mayor Clifford Allen, and Paul Snyder.    Also in attendance was E.R. "Buck" McFadden, Borough Manager; Dave Zamierowski, Code Enforcement Officer; and Marie Lander, Assistant to the Manager.  Guests present were Roger Travis and Hal Holmstrom.

Minutes:

             Mayor Allen introduced the minutes from the Regular Scheduled Council Meeting held November 19, 2001. Jean Davis moved for approval of the minutes and Caroline Rhodes second.  With no objections, the minutes passed by 7-0 voice vote. 

Public Participation:

            Mr. Arnold requested time to voice concerns about garbage pick-up.  Mr. Arnold was not present.  Mayor Allen asked if anyone else wished to speak.

Roger Travis, 131 Chestnut Street requested time to voice personal and business items.  On the Personal side Mr. Travis thanked the outgoing Council members for all their work for the Borough.  He thanked Charles Brand and went on to thank Kip Allen for his excellent job with many contacts for the Borough.  Last but not least he thanked his good friend George Finney for beating him in the election back in the late 1960's and for all his work over these many years. 

On the business side Roger Travis asked about the water issue, meters and re-setters. He did not understand why we needed the system and why there was a cost.  He stated that when he was on Council they had filed against a local business for damages to the system and he heard it was settled.  When they first started the proceedings they had told residents when it was settled the settlement would lower the water costs but he did not see this happen.  Mayor Allen asked if he was speaking of the Teledyne case.  Mr. Travis stated yes.  Manager McFadden informed Roger Travis that a condition of the settlement was that they would not discuss the settlement without giving a number of days notice to them.  If someone asked about the settlement we would then notify Teledyne in timely manner in advance which maybe enough time to discuss this issue December 17^th meeting if Roger Travis wished.  Roger Travis asked if this was the only way the public would know what happened?  Manager McFadden stated yes.  It was agreed to contact Teledyne of this inquiry and that it would be discussed at the December 17^th meeting.  Roger Travis also asked about the rates and back-flow system.  Jean Davis explained that the back-flow system was not part of the Teledyne settlement and gave Roger Travis copies of the handouts from the Town Meeting of November 28^th.  Manager McFadden stated that he was not here when the Teledyne case started, and to

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the extent related can not be discussed until next meeting, and that the two issues are not identical.  Radio read, back-flow, pressure relief valves, and setters are not related to Teledyne.  This project relates to a $600,000 capital note of 1999 which included an upgrade to a radio read system.  Also in the project was upgrade of main valves, fire hydrants, and equipment to exercise the valves. In place since 1999 is a three year rate for 1999-2001 to pay for this capital note and project.  Caroline Rhodes stated the water system needed upgrading.  Roger Travis asked if the radio read was better than the phone read presently in place.  Manager McFadden stated that the meters purchased by property owners approximately 1995 and forward did not need to be replaced they just needed re-setters with back-flow protection.  It has been the policy of the Borough that owners purchase meters.  We have done much research on telephone and radio read and radio read is much cleaner with many people going to cell phones and using telephones for internet. 

Roger Travis stated his second issue was on the draw down of Edinboro Lake. He stated he was a duck hunter and had no access to the Lake with the draw down.  As a biologist he understood the need to lower the Lake but he wanted to offer a possible solution.  One way would be to extend the boat ramp so boaters could get into the lake when the lower water levels are present.  November and December is the best months for hunting migratory birds in Edinboro.  Another option would be to put rocks where cars and boats enter the Lake, but this would not be recommended because of the Zebra Mussels.  The third option is to construct a wooded temporary ramp, but this may be too much work for your crew.  Paul Snyder asked if CDBG would be an option since it is extending recreation.  Manager McFadden stated he thought these were all intriguing ideas.  He stated that the Edinboro Lake Restoration and Preservation Foundation had received a grant of $25,000 to create a watershed organization instead of a Lake Foundation.  The beginning of 2002 there will be advertised meetings to discuss Lake issues to include fishing, boating, and game lands.  It is impossible to get a ramp in this year.  Last year we found the mussels and dropped the Lake 5' but it snowed and insulated the mussels so they did not freeze dry as needed.  This year we are working on the dam and needed to lower the Lake and just lowered the rest of the way to 5' and got a dry freeze, which has done significant damage to the muzzles.  They will be in the Lake forever but we are trying to protect French Creek and Conneautee Creek.  Roger Travis stated that maybe at the head of the Lake would be viable for boats to enter from the Township.  He asked if the Borough could talk to the Township about this option and suggested the second finger, which was the only one full of water this time of year.  This is the finger next to the tunnel.  Manager McFadden was instructed to send a letter to the Township to add in their future planning a possible dock/boat ramp at the head of the Lake for use when the Lake is drawn down.  Caroline Rhodes also asked that the Manager meet with Tom Schruers and discuss a ramp on our beach when water is drawn down as plan "b".  Jean Davis requested that CDBG also be looked into for a recreational area benefiting all areas and extending the use of the Lake for a longer season.

With no further public requests to speak, Mayor Allen moved on to old business.

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

Page 3                                                                                                  December 3, 2001

OLD BUSINESS:

            Mayor Allen stated that there was still one vacancy as alternate on the Environmental & Shade Tree Advisory Committee.

Developers agreement of Holmstrom property was explained by Dave Zamierowski, Code Enforcement Officer. Planning Commission has approved the subdivision as following all Borough regulations.  A developer's agreement was made to have water and sewer installed to the two legal subdivisions.  Attorney Marsh prepared the agreement which has been signed by Mr. Holmstrom and notarized by his attorney Dave Devine.  After Council reviewed the plans and mylars Paul Snyder motioned and George Finney second to approve the agreement and subdivision mylars as presented by management.  Motion carried unanimously by 7-0 voice vote.

Scots Glen Subdivision request was tabled awaiting Solicitors wording.

FY2002 budget was advertised with no increase tax levy.  Robert Gray asked if any residents had been in with questions?  Manager McFadden stated that no one had been in except Meadville Newspaper reporter.  It is available for public review at the front counter.  It may be because the rates are the same that no one has questions.

Committee Reports:

            Cable TV Committee:  Robert Gray, Chairman - nothing to report.

Finance Committee:  Jean Davis, Chairman - Executive session prior to meeting on management contract and request another one after the meeting to finish up on the contract.

Ordinance Review Committee:  Caroline Rhodes, Chairman  - Caroline Rhodes motioned acceptance of the second reading of Ordinance #500 Police Pension and Jean Davis second.  Manager McFadden read the advertisement for the ordinance and explained this was to adopt the Police Pension Plan Document with the agreements made in arbitration award of 1999 and Act 600 changes.  With no further questions the Mayor called for a 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.  Motion carried by 7-0 unanimous role call vote.

Caroline Rhodes presented Ordinance #504  the Water Ordinance replacing Ordinance #477.  Changes in ordinance included section 37-2-1 changing quarterly to billing period and adding the last two sentences.  Also added is Article IV "Edinboro Water Authority Back-flow and Cross-Connection Control Plan" and rental properties with one meter serving several units will be charged a minimum by number of units to make the Ordinance uniform.  Caroline Rhodes motioned to accept the second reading of Ordinance #504 which replaces Ordinance 477 and George Finney second.

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Role call vote followed: George Finney, yes; Jean Davis, yes; Caroline Rhodes, yes; Charles Brand, yes; Paul Snyder, yes; Robert Gray, yes; and Mayor Allen, yes.  Motion carried by 7-0 role call vote.

Caroline Rhodes went on to present Ordinance 503 replacing Ordinance 472 Water & Sewer Rate Schedule.    The main change is per unit minimums.  This is not a rate increase but slight change in line size to meter size as well as eliminating two categories not used and adding a 4" meter size.  The rates and gallons have been worked out by the Water and WWCT Superintendents. Caroline Rhodes motioned acceptance of the second reading of Ordinance #503 replacing Ordinance 472 and Charles Brand second.  Role call vote followed: Jean Davis, yes; Caroline Rhodes, yes; Charles Brand, yes; Paul Snyder, yes; Robert Gray, yes; George Finney, yes; and Mayor Allen, yes.  Motion passed by unanimous 7-0 role call vote.

Personnel Committee:  Charles Brand, Chairman -  Committee will meet with the Manager on December 10^th and a session regarding Management contract after this meeting.

Recreation Committee:  Charles Brand, Chairman - No report.

Public Safety Committee: George Finney, Chairman - No report.

Streets, Buildings & Grounds Committee: Paul Snyder Chairman - Presented pictures of Chestnut Street Park on the first day it opened to Manager McFadden.  He requested that a letter to local newspapers with a picture to receive publicity on the new park.  Jean Davis reported that many children with their parents were enjoying the park.

Town-Gown Committee: Mayor Allen, Chairman - Mayor Allen reported that a meeting on December 14^th will be held with SSHE administrators.  He will ask that the dialogue continue to make SSHE aware of host community problems on a semi annual basis.  It was noted that in the Sunday's paper an identical letter sent by EUP staff to all faculty and email recipients about the Admissions and Amusement Tax was printed.  Manager McFadden was asked to take the newspaper article along to the December 14^th meeting for SSHE to see.  Mayor Allen explained that PLCM was working with LCB on campus coalition.  They will be doing research on how effects campus and community.  It may be possible to get grants of $2,000 to use to study alcohol related policy in community.  He asked that the Council and the Manager be aware of this possible grant.

Committee of the Whole: - Met prior to Council meeting to discuss Management Agreement and would meet again after this meeting to finish their discussions. 

Solicitor's Report:     

Nothing new to report. 

Managers Report:

Manager McFadden reported that Tom Schruers had ordered time sensitive signs for in front of the Municipal Building as requested.          

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

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            Manager McFadden presented to Council PLCM Municipal Public Safety Act - Counter Terrorism Activity Survey for their information. 

            Paul Snyder asked about the cost associated with cleanup and patrol at Homecoming, which was due by November 8^th.  Manager McFadden stated he would be getting the information from the Chief.

            Caroline Rhodes stated that a more serious item is the Sewer Agreement.  She asked for an update.  Manager McFadden reported that representatives met last week and editorial items were resolved.  The agreement in principle indemnity to writing by the lawyers was not completed.  Two subsequent issues, regarding fixed asset accounts group which will follow Borough system while the Township is still on cash basis.  Attorney Marsh is in court for several days and the Authority meets this Wednesday at 5 p.m.  We hope to have the lawyers clear up the 3^rd party issues on principle indemnity and accounting.  Caroline Rhodes stated she would like to see this signed and to get going on the project.         

FINANCE:   

            Mayor Allen introduced the bills for payment.  Jean Davis moved approval of the submitted bills totaling $23,384.86 and Charles Brand second. With no objections the motion to approve the bills passed by 7-0 voice vote.

Mayor Allen introduced the payroll ending November 24, 2001 paid November 30, 2001 totaling $44,696.16.  Caroline Rhodes motioned for the acceptance and Jean Davis second. With no objections the payroll was approved by 7-0 voice vote.

Public Works:

            Paul Snyder asked that the memo from Tom Schruers regarding possible CDBG project be turned over to the Streets, Buildings & Grounds Committee for answer by January 31, 2002. 

Manager McFadden explained that Jim Grasseo of DEP met with John Marchese and Tom Schruers to view the Lake and they have found a significant effect by the drawn down on the zebra muzzles.  We have started raising the Lake so it will be in time for boating season.  It was recommended that the TV, Radio, and newspapers be informed that the refill is in process.

It was noted that the dam maintenance was completed and that recycling of leaves had ended today.  Manager was instructed to have this advertised on Cable.

water system:

            Council members who where present at the Town Meeting held on the new water meter re-setter system November 28^th felt that if Mr. Travis had attended he would have

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had many of his questioned answered.  It was very beneficial and if the taping could be redone or incorporated to be on the Cable Station many more residents would benefit.

Communications:

Letter from Municipal Utility Alliance regarding MUA 2002 Electric Choice Bid; from Merrill Lynch regarding commission rates on Defined Benefit Pension; U-Comp rates for 2002; Coax rates; and Inter Church Council were received and reviewed.  Mayor Allen requested that Dave Zamierowski & Manager McFadden research the Inter Church Council information and give recommendations to Council from themselves and the Planning Commission. 

NEW BUSINESS:

            Caroline Rhodes informed the Manager she had information on EAC Advisory Council for management's use.

            Mayor Allen stated that he heard that task forces is the way to go instead of committees that committees sound like they are ongoing.

REMINDERS:

            Mayor Allen reminded Council of upcoming dates: next Council meeting December 17 at 4:30p.m.; Authority meeting December 5^th at 5p.m.; Berkheimer Associates will be sitting at Borough on Feb. 4 and April 1^st, 2002 from Noon til 2p.m. and February 11^th and April 8^th, 2002 from 3-6p.m.; and next CDBG Hearing will be February 11, 2002 6:45 p.m.  Also available was 2002 meeting dates of Council.

Adjournment:

            Caroline Rhodes motioned for adjournment, and with no objections it was unanimously approved by 7-0 voice vote at 8:18 p.m.

 ATTEST:

_________________________               _____________________________

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

HIGHLIGHTS

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

December 3, 2001

COUNCIL APPROVED:

·        Payment of bills

·        Payment of payroll

·        Minutes 

·        2nd reading of Ordinance #503 amended Water & Sewer Rate Ordinance #472

·        2nd reading of Ordinance #504 amended Water Ordinance #477

·        2nd reading of Ordinance #500 - Police Pension

·        Holmstrom agreement and mylars for subdivision

POSTPONED

·        Vacancy Alternate Environmental & Shade Tree Advisory Committee

·        Planning & Zoning Commission recommendation for side yards 10' in Scots Glen Subdivision amending PRD

·        Public Indecency Ordinance - sent to Planning & Zoning Commission 11/19/01

·        Amendment to Water & Sewer Rates #472

·        Amendment to Water Ordinance # 477

·        Ordinance 500 - Police Pension

·        Budget presented by Manager to be advertised for action Dec. 17th

UPCOMING MEETINGS:

·        Personnel Committee meeting with Manager Dec 10^th 6:30 p.m.

·        December 14^th University-Community Network meeting with SSHE Administrators.

·        Council Meeting Dec 17   4:30 p.m.

·        Authority Meeting  December 5, 2001 5:00 p.m.

·        Re-organizational Meeting January 7, 2002 7:00 p.m.

MANAGER INSTRUCTED TO:

·        Contact Teleydine about resident request for information on settlement to be discussed at Dec 17^th meeting.

·        Send letter to Township about future planning of docks at head of Lake when water drawn down

·        Discussion (Tom & Buck) on ramp on our beach for access when Lake is drawn down.  Also check on CDBG funding for recreational area benefit all by extending use of Lake season.

·        Letter to Newspapers on Chestnut Street Park opening - with picture.

·        Take newspaper article on Admissions & Amusement Tax to December 14^th meeting with SSHE Administrators.

·        Notify TV, Radio, Newspapers of refilling of Lake in process and significant effect of draw down to zebra muzzles.

·        Put on Cable Station no longer picking up with leaf machine - need to bag leaves

·        Dave Z & Manager to research info form Inter Church Council letter and give recommendations to Council.

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

December 3, 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 November 19, 2001

ACTION:  Motion to approve minutes

IV        Persons Requesting Time To Address Council

1.      Mr. Arnold - concerning garbage pick-up

2.       

V.        Old Business

A.  Committee Vacancies -

Environmental Shade Tree Advisory Committee (1 alternate) -          Option:  Consider reducing size of committee

B.     Agreement with Developer of Holmstrom property  - ACTION:  Approve and sign mylars --MEMO -D. Zamierowski, Code Enforcement Officer

C.     Scots Glen Subdivision request - Manager, Building Inspector, and Solicitor working on amendment language. - tabled

D.    FY2002 BUDGET - to be acted upon Dec 17^th

 VI.      Committee Reports

1.      Cable TV  - Robert Gray, Chairman

2.      Finance Committee - Jean Davis, Chairman -

3.      Ordinance Review Committee - Caroline Rhodes, Chairman

a)      Police Pension Ordinance 500 - 2^nd reading - vote

b)      Water Ordinance Amendment - ACTION:  2nd reading - vote

c)      Water & Sewer Rate Schedule amendment - ACTION:  2nd reading - vote

4.      Personnel Committee – Charles Brand, Chairman

a)      Meeting scheduled for Dec. 10^th 6:30 p.m. with Manager

b)      Memo - Management employment agreement - FYI

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:

VIII      Manager's Report:

A.  Manager

1.              MANAGER INSTRUCTED TO:

·   Set up meeting for Emergency Management Response Plan update - to be completed January of 2002

·   See about getting EDINBORO.GOV as domain   (Marie L. & Roy L. working on Cable access web site - www.boro.edinboro.pa.us) as soon as cable access available to Borough office from Coaxial

·   Get numbers of clients per municipalities serviced by Food Bank request 10/22/2001  (awaiting figures from Food Bank)  by 12/17/01

·   Send updated letter to municipalities with number of clients and their percentage request 10/22/01 by 12/17/01 (waiting for figures from Food Bank)

·   Cost associated with cleanup & patrol at Homecoming - For budget workshop & July 4^th event costs.  Request 10/22/01  by 11/8/01 workshop (waiting for figures from Chief Craft on Homecoming)

·   Work with Washington Township & Water Superintendent on emergency management plan for water service - Buck  & Butch Request 11/5/01      by  1/1/02

·   Lease with IU needs renewed --expired August 2001 Request 11/5/01 by 12/17/01

·   Send letter to YMCA thanking them for their letter but that Borough was in no position to donate toward the pool in FY2002.  Request 11/5/01 by 12/17/01

·  Check on signs that are time specific for the 30 minute parking in front of municipal building - get back to Paul Snyder for Streets, Buildings & Grounds Committee.  Request 11/19/01

2.      Memo from PLCM -Municipal Public Safety Act - Counter Terrorism Activity Survey - FYI

B. Finance

1.      Authorization to Approve Bills, to be paid December 3, 2001              Action:  Motion to approve bills  $  23,384.86

2.      Authorization to Approve Payroll

Action:  Motion to approve payroll ending November 24, 2001      paid Nov 30, 2001 totaling  $ 44,696.16

C.      Personnel

1. 

D.      Public Safety

1.      Emergency Management

2.      Emergency Medical Service (EMS)

3.      EVFD

4.      Police

a)      Police Reports -   none

5.      Employee Safety Committee

E.       BOCA/Code Enforcement

1.      Monthly Report - none

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

a)  MEMO from Tom Schruers

5.      Lake   - draw down underway waiting for dry freeze; intend to start refilling December 3^rd.

6.      Environmental Shade Tree Advisory Committee

7.      Dam  - maintenance completed

8.      Recycling Leaves - continuing

I.  Wastewater Collection & Treatment

J. Water System

1.      Monthly Progress Reports - none

2.      Town Meeting Nov. 28^th - approx. 25-30 attended - handouts - FYI

K. Community Development/Project Coordination

1.      Monthly report - none

IX        Communications

A.     Municipal Utility Alliance - MUA 2002 Electric Choice Bid - FYI

B.     Merrill Lynch - FYI

C.     U-Comp - rates for 2002 - FYI

D.     Letter of November 19^th - Inter Church Council - FYI

E.      Coax - FYI

X.                 New Business

XI.              Special Reports

XII.            Adjournment

REMINDERS:

Authority Meeting             Wednesday, December 5, 2001  5:00 p.m.

Next Council Meeting        Monday, December 17,  2001  4:30 p.m.

Berkheimer Associates sitting - Feb.4 & April 1^stNoon-2p.m., Feb.11 & April 8^th3-6

CDBG Hearing - February 11, 2001 6:45 p.m.

2002 Council Schedule: 

January 7, January 21, February 11, February 25, March 11, March 25, April 8, April 22, May 6, May 20, June 10, June 24, July 8, July 22, August 12, August 26, September 9, September 23, October 7, October 21, November 4, November 18, and December 2 at 7:00 p.m.; and December 16 @4.30 p.m.