HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
Page 1 March 25, 2002
Call to Order:
The following Council members were present: H. Robert Cannell, Jean Davis, Robert Gray, Christopher A. Gillette, Paul Snyder, Mary Ann Horne, and Mayor Caroline Rhodes. Also in attendance were Manager E.R. Buck McFadden, Attorney Ritchie Marsh and Marie Lander, Assistant to the Manager. Guests who signed in where C. Ray Zimmer, Joanne Zimmer, Olive Corbett, Ethel White, R.M. Hanson Jr., Scott Loop (116 Erie St.), Misty Knaus, Barry & Tanis Plouse, Jennifer Gillette, Mark Hutchison (102 Beau Drive), Sharyn Gillette, James H. Gillette, Merle Hutchison, Steve O'Neil, Brent Sperry, John Foulkrod, Chris Sinnott, John Ponsol, Attorney John Munch, David Scullen, Lee Carbaugh (13041Capp Road), Portia & Randy Lewis (12251 Lay Road), Tammy Fletcher, Lori Evanovich (26161 Crossingville Road), Sandra Figueroa, Joe Lenart, Mandy Snyder, Steven A. Balsomico (305 Gary hall), and Bridget M. Jeffery.
Mayor Rhodes introduced the minutes from the regular council meeting held March 11, 2002. Mary Ann Horne moved for approval of the minutes and H. Robert Cannell second. With no objections, the minutes were approved by unanimous voice vote of 7-0.
HEARING ON INTERMUNICIPAL TRANSFER OF LIQUOR LICENSE TO SHARYN GILLETTE FOR 101 Plum Street (Crossroads Dinor)
Mayor Rhodes read Resolution 3-2002 regarding procedure for dealing with inter-municipal transfers of liquor licenses:
HOME RULE BOROUGH OF EDINBORO
ERIE COUNTY, PENNSYLVANIA
RESOLUTION #3-2002
A RESOLUTION OF THE HOME RULE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA ESTABLISHING PROCEDURES TO COMPLY WITH PA ACT 141-2000, AMENDING THE PA LIQUOR CODE, WHICH PROVIDES FOR THE INTER-MUNICIPAL TRANSFER OF RETAIL LIQUOR LICENSES WITHIN COUNTIES.
WHEREAS, the Act states, in part, an inter-municipal transfer of a license . . . must first be approved by the governing body of the receiving municipality when the total number of existing restaurant liquor licenses and eating place retail dispenser licenses exceeds one license per three thousand inhabitants. Upon request for approval of an inter-municipal transfer of a license. . . by an applicant, at least one public hearing shall be held by the municipal governing body for the purpose of receiving comments and recommendations of interested individuals residing within the
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municipality concerning the applicant's intent to transfer a license into the municipality. . . The governing body shall, within forty-five (45) days of a request for approval, render a decision by ordinance or resolution to approve or disapprove the applicant's request. . . . The municipality must approve the request unless it finds that doing so would adversely affect the welfare, health, peace and morals of the municipality or its residents; and
WHEREAS, There are in fact at least seven (7) liquor licenses in the Home Rule Borough of Edinboro, which has a population of 6950, thereby exceeding the threshold of one (1) license per 3,000 population set forth in Act 141-2000; and
WHEREAS, Edinboro Council intends to treat all applicants similarly and fairly.
NOW, THEREFORE, BE IT RESOLVED that the following procedures be followed, prior to and during the mandatory public hearing(s):
SECTION 1. The applicants must provide the following information at the time they request approval:
a) Applicant(s) full names, home addresses, telephone numbers.
b) Applicant(s) Pennsylvania LCB license number
c) The name, address and telephone number of the location where the license will apply
SECTION 2. Public Hearing:
a) Within 30 days from receiving the request for approval, Council will advertise the date, time, and place where public comment on the application will be heard. This may be at a Regular or a Special Council Meeting.
b) All those who speak, pro or con, will be required to give their names and addresses for the record.
SECTION 3. Council Deliberation:
a) Since Council must approve the application unless, in their judgement, the proposed license would adversely affect the welfare, health, peace and morals of the Borough of Edinboro, information and evidence pertaining to those topics shall be considered.
b) Council's decision shall be taken in the form of a resolution, with a roll call vote. A copy of the record of the public hearing, discussion and deliberation shall be attached to the Resolution.
c) Council must render a decision within 45 days from the date of application.
SECTION 4. Appeal:
a) Act 141-2000 provides that a decision by Borough Council to deny the approval may be appealed to Court of Common Pleas of the County of Erie.
RESOLVED AND ENACTED BY BOROUGH COUNCIL ASSEMBLED THIS 25TH DAY OF MARCH, 2002.
Jean Davis motioned to adopt resolution 3-2002 and Mary Ann Horne seconded the motion. Discussion followed and Attorney Marsh recommended the following additions:
Section 3. b) after deliberation ", findings of fact and conclusions of law"
Section 1. d) "Licenses approved for inter-municipal transfer may not be transferred from the receiving municipality for a period of five years after the date that the licensed premises are operational in the receiving municipality."
With no objections Resolution 3-2002 was amended as Attorney Marsh recommended. Attorney Marsh also stated that the law was not clear on the population being local municipality or county and he wanted the Council to be aware of this fact. Being no
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HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
Page 3 March 25, 2002
further discussion the Mayor called for a roll call vote: Mary Ann Horne, yes; Paul Snyder, yes; Robert Gray, yes; H. Robert Cannell, yes; Jean Davis, yes; Christopher A. Gillette, yes; and Mayor Rhodes, yes. Resolution passed by 7-0 unanimous roll call vote.
Mayor Rhodes opened the floor to the applicant's lawyer, Attorney John Much. Attorney John Munch representing Sharyn Gillette requested time to rebut after other interested individuals spoke. With no objection from the Mayor he continued to explain he had no problem with the procedure the Council has decided to follow. He wanted to make the Council aware that the Penn State situation was different then Edinboro. Population, college with infrastructure around it, Edinboro doesn't cease to exist when college is out because of the Lake, crime related to alcohol is higher in State College, and State College has had riots during 1998 to 2001 which is not the situation here in Edinboro. The Crossroad Dinor is a long established restaurant which would like beer, wine, and drinks with dinner. Applebees is an example of this and the Dinor needs a license to compete with them. It is not like Penn State adding the 7th bar under one ownership. What is in it for the Borough upon approval of license transfer? A healthy mix of community and franchise restaurants. Applebees will appeal if they need to get a license. No evidence of detrimental effects and the Gillette's will keep the same menu, hours, and floor plan. He brought to the attention of Council that another lawyer was lobbying against this just like he was hired by Gillette's to explain their side. Churches may bring up moral question but for other lawyers you should ask who his client is and take into consideration not just competition but fact finding of credibility reasons, why here, and how rings through.
Sharyn Gillette, liquor license transfer applicant spoke. Last meeting we brought Council an article from the newspaper giving facts on independent restaurants and the difficult fight against chain restaurants. You have seen businesses move and change with Walmart on the hill. The liquor store has moved out and a second dollar store has moved in. We are trying to keep the dollars in the community. There have been many restaurants and bars that have come and gone such as Wayside, Hounds Head, Evergreens, and Ramada Inn. The only thing she asked was to be treated fairly. We can not stop bars from selling food, they should not stop us for having liquor as a free enterprise and competition.
James H. Gillette, 3861 Woodbriar Way, McKean. My wife Sharyn may have missed a few things so I would like to add that we have been in business for 11 years and made three (3) additions the kitchen, casual dining, and banquet area. We have held funeral dinners, graduation parties, marriages, etc. We have had requests for drinks and we have up scaled our menu to Prime Rib, steaks, and healthy diet, etc. We use glass plates not styrafoam, we are smoke free, and no neon signs or pool tables in the back room. We are open 6a.m. to 9 p.m. daily and 6 a.m. to 10 p.m. weekends. He used an analogy compared to his construction business of change to survive. Diner used to have grill with roaster pan and now it has convection ovens, steam tables, and char grills. We
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have live greens growing and a florist who decorates and keeps us up-scaled. Our family is secure as Mr. Gillette is a third term school board member, was nominated citizen of the year from the EVFD when they had the donut shop and is member of Our Lady of the Lake Church. Mr. Gillette also noted that Smoky Bones would be replacing Don Publoes where the license was being transferred to the Diner.
Lori Evanovich, 26161 Crossingville Road, Edinboro. Ms. Evanovich introduced herself as server at the Crossroads Diner for 2 1/2 years. The diner is family oriented and the rush hours are noon to 1:30 and 5:30 to 7:30p.m. They are proposing a drink with dinner like families do at home. Ms. Evanovich being a single mother of two daughters thought the tips would be better with a liquor license and would help her. She could only see the business being family oriented and it was a great place to work and license would only benefit the restaurant itself. You get home cooked food and golfers like to have beer and we don't dispatronize other businesses we sent them down the road to places with liquor licenses if that is what they want.
Mark Hutchinson, 102 Beau Drive, Edinboro. Mark stated he ate there often as well as Hotel and Boro Bar. Having dinner at the Dinor is different than bar. If you don't offer people drink with dinner they will go to Erie to eat and be served. Mr. Hutchinson did not think it would hurt local establishments since they will still go to the Boro Bar and Hotel and Uncle Charles, etc. He felt there should be no concern of alcoholism in the restaurant because people only have a couple glasses wine, etc with dinner. Mr. Hutchinson explained he worked in Real Estate and clients ask where they can go for dinner and a drink. He felt he should not have to send them out of town.
Barry Plouse, 5343 Crane Road, Edinboro. Mr. Plouse explained he had 12 employees with sales in 5 to 6 million. His entertainment budget is 5 to 10 thousand dollars per year, which he is unable to spend in Edinboro. He felt if the Diner had the license he could take clients to the dinner, maybe spend some of their entertainment funds in Edinboro, and also bring his family there for dinner giving back dollars into the community.
Lee Carbaugh, 13041 Capp Road, Edinboro. Mr. Carbaugh stated he has been a resident for 20 plus years. He belongs to a community service organization that meets twice monthly at the Crossroads Diner and they would like to have wine and beer with dinner. Mr. Carbaugh felt this was in the best interest of the community to have opportunity to go to Crossroads Dinner and have a drink with dinner.
Steven A. Balsomico, 305 Gary Hall, EUP. Mr. Balsomico stated he was from Pittsburgh and he liked to go to dinner to have home cooking at the Diner. Good food and nice place in walking distance from the college. He had no desire to be in a bar setting but would like a drink with dinner. This would keep from driving to Erie to have dinner and a drink.
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Joe Lenart, 5409 Highland Drive. Goes every morning to diner for coffee but he does not go for dinner since he likes a drink with dinner.
Chris Sennett, 120 West 10th Street. Mr. Sennett introduced himself as the other attorney and he represents borough bar owners and has appeared in all liquor control board hearings on their behalf. Lets talk about Gillette's license. A year ago there was a hearing for the Crossroads Dinor at Liquor Control Board on West 12th Street where I spent several hours. Those that have talked here I have cross examined them during the hearing. After several hours of testimony the liquor control board determined that the another license shouldn't come to the borough or to the Dinor. I have a couple issues to point out to you. First is Dinor entitled to receive license when they failed to get one a year ago and there has been no changes in circumstances. Question is if they can come back after the fact just because the law changed. As to health, safety, welfare, and moral issue just look back on year ago an individual at hearing stood up and stated "Alcohol is real issue in a college town" that is pretty much substance of what he said. Attorney Munch told you about State College area made me realize it is all the same only smoke and mirrors. The fact is that alcohol is an issue in a college town and you need to recognize this issue here. Mr. Sennett felt the Council should obtain a copy of the LCB hearing and the decision rendered a year ago. The decision concluded that there was no need of license in the town. I am here because my clients are concerned with competition the same reason the Gillette's are here making this application to Council. Gillette's stated their business has to change or will go down the tubes. Their attorney challenged my clients to be up front with you why they are here. Like to point out if you get the LCB hearing transcript I have cross examined Gillette's family and they denied under law it was for competition. Under old law competition was not a basis for having a liquor license issue, that being said, please take that into consideration as to who is being forthright.
John Ponsol, 108 Beau Drive, Edinboro. I'm co-owner of the Boro Bar. Mr. Ponsol felt Gillette's had good intentions and he had frequented their establishment but not a lot. It was twenty five years ago that he had obtained license for Boro Bar which came from the Diner. Five (5) years from now the Gillette's could retire and the license could go to a bar or go go in the mall, etc. If Council lets this one come in then maybe Perkins, Pizza Hut, and others may want license with home cook meals. May move Pizza Hut and sell license to another tavern causing taverns all up and down the street. You let licenses in then you can't get them out. Yes, Mr. Ponsol admitted he was trying to protect his family and lively hood. The Gillette's may have good intentions but what will happen five to ten years down the line.
Misty Knaus - Owner Empty Keg. Ms. Knaus explained she purchased the Empty Keg and built it up just like the Gillette's are doing and she has changed for the good of her business with increased kitchen. Her point was all good business owners
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HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
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when progress comes to you and business grows you grow with it, you don't stay the same. Parking and the location close to an intersection should also be considered. What will Council do to keep people safe with more people pulling in and out into the corner intersection. As they grow they will they restrict business. She explained in her business she increased her hours and days open and felt the Gillette's would do the same to grow and the Council should be prepared for the health and safety at the corner.
John Munch, Attorney for Sharyn Gillette asked to rebut. Only things I heard against this is no one wants competition when you are in competition. Is it good for all the community or not. That is not the rules any more. Council should speak to your solicitor if you have any questions about the law that has changed. You must approve unless detriment to health, welfare, safety, and moral of community and you can not consider maybe's. If Gillette's don't get it someone else will gobble it up and they may appeal and win. He stated that he heard in the hearing that the Diner is here now, there is no riots like in Penn State, the restaurant will have beer and wine with dinner, if license denied some chain will gobble it up, businesses need competition, and the diner will grow reasonably and competently, and nothing detrimental about the diner.
Paul Snyder motioned to accept Resolution 4-2002 to approve the inter-municipal liquor license transfer to Sharyn Gillette as follows:
HOME RULE BOROUGH OF EDINBORO
ERIE COUNTY, PENNSYLVANIA
RESOLUTION #4-2002
A RESOLUTION OF THE HOME RULE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA TO APPROVE THE INTERMUNICIPAL TRANSFER OF LIQUOR LICENSE NO. R-20137 FROM MILLCREEK TOWNSHIP, ERIE COUNTY, PENNSYLVANIA TO HOME RULE BOROUGH OF EDINBORO, ERIE COUNTY, PENNSYLVANIA.
WHEREAS, PA Act 141-2000 amended the Pennsylvania Liquor Code to require approval by the municipal governing body of an inter-municipal transfer of a liquor license when the total number of existing restaurant liquor licenses and eating place retail dispenser licenses exceeds one license per three thousand inhabitants; and
WHEREAS, said liquor license quota is exceeded in the Home Rule Borough of Edinboro; and
WHEREAS, Sharyn Gillette has entered into an agreement to acquire and intends to apply for transfer of liquor license No. R-20137 from 2074 Interchange Road, Erie, PA to 101 Plum Street, Edinboro, PA and applied to Borough Council March 11, 2002 for approval to do so; and
WHEREAS, said Act 141-2000 requires the governing body of the municipality to hold at least one (1) public hearing for the purpose of receiving comments and recommendations of interested individuals residing within the municipality concerning the applicant's intent to transfer a license into the municipality; and
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WHEREAS, an advertised public hearing has been held by Borough Council this 25th day of March, 2002; and
WHEREAS, said Act 141-2000 requires the governing body of the municipality to render a decision by ordinance or resolution to approve or disapprove the applicant's request within forty-five (45) days of a request for approval; and
WHEREAS, said Act 141-2000 mandates that the governing body of the municipality must approve the request unless it finds that doing so would adversely affect the welfare, health, peace and morals of the municipality or its residents.
NOW, THEREFORE, BE IT RESOLVED by Council assembled this 25th day of March, 2002 as follows:
After taking into consideration all comments and recommendations of interested individuals residing within the municipality received during the public hearing on the subject request, and after due discussion and deliberation among members of Borough Council assembled this date, Borough Council hereby approves the request of Sharyn Gillette to transfer liquor license No. R-20137 from 2074 Interchange Road, Erie, PA to 101 Plum Street, Edinboro, PA. A copy of the record of the public hearing, discussion and deliberation is attached hereto.
Mary Ann Horne second the motion and discussion followed. Mayor Rhodes read into record memo from Chief Craft stating "At this time, I do not feel that a request from Sharyn Gillette to transfer liquor license No. R-20137 to 101 Plum Street, Edinboro, PA would adversely effect the welfare, health, peace or morals of the municipality or its residents." Mayor Rhodes also read memo from Code Enforcement Officer Dave Zamierowski as follows: "Just a quick note regarding the application for a liquor license to be located in the C-1 Downtown Business District. Although not specifically stated (liquor license), a restaurant (Eating and Drinking Places) is a Permitted use in the Downtown District. Therefore, as far as Zoning is concerned, there does not seem to be a problem with adding liquor to the existing Diner restaurant. The only mention of anything related to liquor, would be a Conditional Use for a "Bottle Club" in the C-2 District."
Attorney Marsh requested the resolution be amended to add in last paragraph after "subject request," the following "as Borough finds no facts that it will not adversely effect the welfare, health, peace and morals of the municipality or its residents."
With no objections to the addition to the resolution a roll call vote followed: Paul Snyder, yes; Robert Gray, no; H. Robert Cannell, yes; Jean Davis, yes; Mary Ann Horne, yes; Christopher A. Gillette, abstain, Mayor Rhodes, yes. Motion passed by 5-1-1 vote.
Mayor Rhodes thanked all present for their participation in the Public Hearing on the inter-municipal liquor license transfer.
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Ray Zimmer, 113 Erie Street. Requested time to discuss new resolution on water billing. Mr. Zimmer reported he received a bill under the new regulations and maybe the Council needs to restudy their action. He used his property for an example of a building with one rental unit and they live up stairs. The rental unit has two people in it and they use water during the day to wash hands and use the bathroom in the warehouse. He received a bill for 4,000 gallons on the new meter and 1,000 gallons on the old meter. The minimum sewer is $38.33 and minimum garbage is $22.00. The problem is it was multiplied by two for 2 units. He claimed he was charged for 5,000 gallons that did not go through the meter. Same for sewer they charged minimum $38.33 and another $38.88 that did not go through meter. Also an additional charge for garbage but he claimed the renter had two (2) dumpsters and did not use our service. Mr. Zimmer explained that there was other owners with 3-4-5 units in one building serviced by one meter and being charged 4-5 times for his water when only 1/5th goes through the meter. Mr. Zimmer thanked the Council for all they had done downtown with sidewalks, etc enhancing the town. The merchants hold on against competition up on the hill but the Borough asking for additional dollars for water not earned is taking away from their profitability in rental units. Mayor Rhodes explained they were regulated rental units. Mr. Zimmer stated that he owned and lived up stairs and rented downstairs. When you get electric and gas you pay what goes through the meter why is water meter handled differently. In water meter you pay what goes through meter and what doesn't. One party here has 4 units. Mr. Zimmer felt it was discrimination and the Borough should not pick and choose who pays. Borough needs to increase charges to everyone not just charge to group of citizens in community. When owners limit amount charge tenants they have safe rental unit and in the long run increase vacancy in downtown. Mr. Zimmer explained his rent was cheaper and maybe that is part of the problem. He asked Council to study this new method because he felt it was drastically unfair, just because they have only one meter.
Misty Knaus, Empty Keg owner. What change has been made? Mayor Caroline Rhodes stated that dwellings with one water meter and several units were not paying minimum charge. All should pay minimum charge for each unit and garbage. We were correcting unfairness in system and will work with Manager, Code Enforcement Office, and Water Superintendent to check this out.
Paul Snyder reminded Mayor Rhodes that other costs are involved also. Capital costs are spread across all users with a minimum. The situation was more than one unit using one service fee and when five using one minimum it made it not level to everyone. Council and management will look into this situation.
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HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
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Jean Davis stated that if Mr. Zimmer's renter had a dumpster they should call the office and it will be corrected. This change was for fairness that all pay minimum to supply service per unit for water, sewer, and refuse. Manager McFadden stated there was different rates for different size lines and if they would like to stop in the office they could see the chart.
Bob Hanson, Jr., 1239 Culbertson Drive. He felt there was a discrepancy he did not understand if 10 apartments is 15,000 and now it is 10 minimums when on 1" line. Usually when more buy and receive from 5/8, 3/4, or 1" lines you get discount not higher cost for more useage same line. Robert Gray stated that this could be solved by having a meter for each unit in the building. Mr. Hanson stated that was not realistic. Mr. Hanson suggest that rental permits should be where you get the number of units for garbage, etc.
Mark Hutchinson, 102 Beau Drive, Edinboro. Mr. Hutchinson was present to find out about his father's water bill. His last bill showed 12,000 gallons for $45. The new meter bill showed 3,000 gallons which is 1/4 the useage at a rate of $76.00 verses the $45 previously cost. Cost is higher with less useage. It was noted he had 2 units and 3 people in the unit at this time. Mark Hutchinson gave the bills to the Manager to review and get back to him and his father.
Being no further public participation, Mayor Rhodes moved on to old business.
Committee Reports:
Finance Committee: Chairman Mary Ann Horne, Jean Davis, Caroline Rhodes - Chairman Mary Ann Horne reported that the committee meets every Monday with the Manager and Assistant to the Manager to review purchase orders. This week they reviewed Balance Sheets as Mr. Cannell requested for Council's review. The Committee did not feel this was a true picture of expenditures and would like to continue with the present policy of receiving current compared to prior revenue & expenses. This report will be given to Committee monthly and quarterly to the Council of the Whole for review. Secondly they discussed the DSL compared to Coax for internet and web site location. Committee recommends DSL line through Verizon. Mary Ann Horne motioned to change over to DSL line for internet access and apply for web site under www.boro.edinboro.pa.us as soon as possible. Jean Davis seconded the motion and it passed by 7-0 unanimous voice vote. Ms. Horne explained that with the change to DSL or Cable the server needed to be upgraded and a router purchased. The cost is estimated to be less then the budgeted $5,000. The committee also would like to make Council aware that Tri-State Business Institute would have an intern available for six weeks to set up our new web site. Paul Snyder reminded them that when codification is received it should be available for access on the web site also.
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Ordinance Review Committee: Chairman Jean Davis, Paul Snyder, H. Robert Cannell - Chairman Davis reported they met March 20th and report was in the packets for Council's review. Next meeting will be April 3rd at 6:30 p.m.
Personnel Committee: Chairman H. Robert Cannell, Caroline Rhodes, Mary Ann Horne - No report.
Recreation, Lake, Environment Committee: Chairman Robert Gray, Mary Ann Horne, Jean Davis - Chairman Robert Gray reported that they met today at 6:00 p.m. Present was Tom Schruers, Bill Kirkpatrick of Aquatic Environment Consultants, Mayor Carolyn Rhodes, Jean Davis, Mary Ann Horne, and himself. Mr. Kirkpatrick was in the area and talks to committee on lake spraying. The committee recommends the weed spraying of the Lake at an approximate cost of $5,116 which is split three ways between Borough, Washington Township, and Edinboro Lake Preservation & Restoration Foundation. Robert Gray motioned and Mary Ann Horne second the acceptance of weed spraying in the Lake by Aquatic Environment Consultants as requested by Tom Schruers, Public Works Director. Mr. Cannell asked if the price is more if he is not in the area. Yes, this was correct. Mayor Rhodes stated she thanked Mr. Kirkpatrick and the Recreation Committee for the presentation but he is a salesman and she would still vote against it. Jean Davis commented that she was pleased to see that different sprays affect different plants and did not kill everything. We will still explore other plant control options later. With no further discussion the motion passed by 6-1 vote with Mayor Rhodes voting against the spraying of weeds in the Lake.
Jean Davis reported that the letter from Washington Township regarding life guards stated they wanted to know the number of Township residents used the beach. We have no formal count and it would be difficult to do since you would have to physically go down the beach and ask everyone and by the time you got to the end you would have to go back and get those that arrived. She mentioned that John Foulkrod was present from Washington Township. Years ago we applied for a grant and did not get it because not only residents of Borough used the beach. The YMCA has told us that a summer camp on Fry Road brings their group down by bus twice a week. The Manager was instructed to keep communication open with the Township and reply to their letter giving them these facts.
Public Safety Committee: Chairman Paul Snyder, H. Robert Cannell, Chris Gillette - Next meeting April 1 at 7:30 p.m. to discuss effect of Police on Safety and Budget of Borough.
Streets, Buildings, & Grounds Committee: Chairman Chris Gillette, Robert Gray, Paul Snyder - Committee to meet April 1 at 6:30 p.m.
Committee of the Whole - Mayor Rhodes - Mayor Rhodes reported that they met March 18th and 25th to discuss management's request regarding pensions. Also they met March 18th regarding DEP EHB Docket 2000-125-R with the solicitor and would adjourn at the end of the meeting to discuss more with the solicitor.
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Paul Snyder as Pension Liaison reported that he met with the Council of the Whole and recommends that they do not have any action for or against the change in Defined Benefit Plan until they receive the Actuarial report of 1/1/2003 and review it. Paul Snyder motioned and Mary Ann Horne second to have no action for or against the management's pension request in Defined Benefit Plan until they receive the Actuarial Report of 1/1/2003 and review it. With no objections the motion passed by 7-0 unanimous voice vote. Mayor Rhodes stated that the management was requesting an attempt for earlier retirement from the plan and a study was made and reviewed.
Mary Ann Horne requested a Committee of the Whole meeting April 15th at 6:30 p.m. to review the first quarter financials actual to budget revenue and expenses.
Mayor Rhodes introduced the bills for payment. Jean Davis moved approval of the submitted bills totaling $136,637.62 dated March 25, 2002 and Mary Ann Horne seconded. With no objections it passed by 7-0 voice vote.
Mayor Rhodes proceeded in acceptance of the payroll as submitted for the period ending March 16, 2002 and paid March 22, 2002 totaling $49,298.71. Jean Davis moved approval of the payroll and Mary Ann Horne seconded. The motion approving the payroll, overtime reports, and supplemental time sheets passed unanimously by voice vote 7-0. Discussion followed on overtime reports. Paul Snyder requested that Public Safety Committee review the amount reimbursed by hearings and task force compared to actual overtime costs of police.
PUBLIC SAFETY:
POLICE: Police Reports were received and reviewed by Council.
EMPLOYEE SAFETY COMMITTEE: Memo was received informing them that the Erie County Blood Mobile would be coming every six (6) months to Edinboro. This would be co-sponsored by Edinboro Chamber of Commerce and the Borough allowing employees to donate blood. Paul Snyder requested that they consider a time, which would allow for people to stop after work to donate blood. Manager McFadden stated he would pass on this request to the Safety Committee.
BOCA/CODE ENFORCEMENT/PLANNING/ZONING:
Report was received and available for comment.
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PUBLIC WORKS:
Monthly report was available for review. Also available was letters to Dave Anthony, Washington Township; Jack Baker, PennDOT Engineer; and Donald Orr, Culbertson Hills Golf Resort regarding Elm Street Flood Study and request to meet in May.
WATER DEPARTMENT:
Monthly report was received and reviewed.
Monthly report was received and reviewed.
Community Liaisons:
Mayor Rhodes moved on to other old business since there was no liaison reports.
Other Old Business:
Mayor Rhodes reported that agendas from other municipalities and school districts were available for review in the purple folder on the bookcase. She asked if anyone had anything to report on schedule of Council meetings. Chris Gillette stated he was unable to meet with the Mayor last week but would try and get together with her next week.
Correspondence received was notices from PLCM on spring district meeting and Economic Development Focus Group. Mayor Rhodes encouraged members to attend if they were interested.
EXECUTIVE SESSION:
Mayor Rhodes moved into executive session at 9:10 p.m. regarding DEP EHB Docket 2000-125-R to be updated by the solicitor. Council reconvened at 10:31 p.m. with nothing to report.
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With no further business Mayor Rhodes asked for adjournment. Paul Snyder motioned for adjournment in unison with the Committee of the Whole. Meeting was adjourned at 10.32 p.m.
ATTEST:
___________________________ _____________________________
Manager E.R. Buck McFadden Mayor Caroline Rhodes
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HIGHLIGHTS
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
March 25, 2002
· Payment of bills
· Payment of payroll
· Resolution 3-2002 Procedure for intermunicipal liquor license transfer
· Resolution 4-2002 approval of intermunicipal liquor license transfer
· Spraying of weeds in Lake
· DSL line and website www.boro.edinboro.pa.us
· Management pension request Council motioned not to act until 1/1/2003 actuarial is received and reviewed
· Indecency Ordinance 502 - Ordinance Review Committee
· Scots Glen Subdivision request
· Lifeguard agreement with YMCA
· Council Goals
· Discussion on meeting format
· Memo on memorial trees & plaques sent to Environmental Shade Tree Advisory Committee for review and comment.
UPCOMING MEETINGS:
· Council of the Whole April 15th 6:30 p.m. to review 1st quarter financials
· Council Meeting April 8th 7:00 p.m.
· Authority Meeting April 8th 5:00 p.m.
· Streets, Buildings & Ground Committee - April 1 - 6:30 p.m. (municipal building repairs; bathhouse & sidewalks)
· Ordinance Review Committee - (Indecency Ordinance; Garbage Ordinance; & Codification) April 3rd 6:30 p.m.
· Finance Committee Every Monday 1:30 p.m.
· Public Safety Committee - April 1 7:30 p.m.
· Review Ray Zimmer billing questions 2 units
· Review Bob Hanson billing 10 units
· Review Misty Knaus billing Empty Keg & units
· Review Mark Hutchinson father's house billing 2 units - gallons printed on bill
· Public Safety Committee - review task force and hearing reimbursement to actual expenses of Police
· Erie Blood Mobile - suggest possible time to 6pm to allow for after work people
COUNCIL OF THE WHOLE
MEETING
MONDAY, March 25, 2002
6:oo p.m. - 7:oo p.m.
Prior to Council Meeting
Paul Snyder to present information on
Pension Plans regarding
Management Negotiations
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HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
March 25, 2002
7:00 p.m.
I. Call to Order by Mayor Rhodes at _____
II. Roll Call:
III. Approval of Minutes:
A. Minutes of Regularly Scheduled Meeting March 11, 2002 ACTION: Motion to approve minutes
IV Persons Requesting Time To Address Council
A. HEARING ON Intermunicipal Transfer of Liquor License to Sharyn Gillette for 101 Plum Street (Diner)
1) Procedure - ACTION: Resolution 3-2002
2) Approve or Deny - ACTION: Resolution 4 OR 5-2002
B. Ray Zimmer, 113 Erie Street - regarding water meter and billing
V. Old Business
A. Committee Reports
1. Finance Committee - Mary Ann Horne, Chair - Met 3/25 to review purchase orders
2. Ordinance Review Committee - Jean Davis, Chair - Met March 20th 6:30 p.m. - Public Indecency Ordinance 502 - Garbage Ordinance - Recodification -- Next meeting April 3rd 6:30 p.m.
3. Personnel Committee – Bob Cannell, Chair.
4. Recreation/Lake/Environment - Bob Gray, Chair - Met March 25th - 4:00 p.m. --
a) Edinboro Lake weed spraying
b) Life Guard agreement with YMCA - Awaiting response from Washington Township
1) Letter from Washington Township regarding lifeguards
5. Public Safety – Paul Snyder, Chair - To meet April 1st 7:30 p.m. (Review Stop signs on Shelhamer Drive - Chief to report back Public Safety Committee April 1st. who will inform Paul Snyder so he can talk to resident requesting information)
6. Street, Buildings, and Grounds – Chris Gillette, Chair - To meet April 1st 6:30 p.m.
7. Committee of the Whole - Mayor Rhodes - Met March 18th 4:00 - 5 p.m. and 5:00 p.m. - 7:00 p.m. regarding Washington Township and DEP EHB Docket 2000-125-R. Also met March 25th 6-7p.m. regarding Management Negotiations and Pension plans.
B. Solicitor's Report:
1. DEP EHB Docket 2000-125- R (PADEP Order of May 9, 2000): Executive Session at the end of the Meeting
2. Orr Brothers: nothing new
3. Sidewalks: no update
C. Manager's Report:
1. Manager
a) MANAGER INSTRUCTED TO:
· Get numbers of clients per municipalities serviced by Food Bank request 10/22/2001 (awaiting figures from Food Bank - Ella said too busy until after holidays) by 2/02 -- Ella received map of Erie County streets Feb 2002
· Send updated letter to municipalities with number of clients and their percentage request 10/22/01 by 2/02 (waiting for figures from Food Bank)
c) Memo on Clarification Redux (Police Pension Ruling)- FYI
d) Senate Bill 336 - PLCM representation - FYI
2. Finance
a) Authorization to Approve Bills, to be paid March 25, 2002 Action: Motion to approve bills $ 136,637.62
b) Authorization to Approve Payroll
Action: Motion to approve payroll ending March 16, 2002 paid March 22, 2002 totaling $ 49,298.71
3. Personnel
4. Public Safety
a) Emergency Management
b) Emergency Medical Service (EMS)
c) EVFD
d) Police
1) Police Reports - report
e) Employee Safety Committee
1) Erie County Blood Mobile every 6 months - FYI
5. BOCA/Code Enforcement/Planning/Zoning
a) Monthly Report - report
b) Scots Glen Subdivision request - Manager, Building Inspector, and Solicitor working on amendment language. - tabled
6. Public Works
a) Sanitation
b) Building & Property
c) Streets/Storm Sewers/Signals/Signs
1) Monthly report - report
2) Flood Study - FYI
d) Park & Recreation
e) Lake
f) Environmental Shade Tree Advisory Committee
1) Memo on Memorial Trees & Plaques
2) Minutes of meeting March 20th
g) Dam
h) Recycling Leaves
7. Wastewater Collection & Treatment
8. Water System
a) Monthly Progress Report - report
9. Community Development/Project Coordination
a) Monthly report - report
C. Community Liaisons
1. Cable TV Liaison - Bob Gray
2. Chamber of Commerce Liaison - Mary Ann Horne
3. Erie County Borough Association Liaison - Bob Cannell
4. Erie County Planning Liaison - Chris Gillette
5. EUP Administration Liaison - Mayor Rhodes
6. EVFD Board Liaison - Mayor Rhodes
7. GEAR Liaison - Bob Gray
8. Internet Team: Paul Snyder & Mary Ann Horne
9. Authority Liaison - Jean Davis
10. Pension Committee Liaison - Paul Snyder
11. PLCM Campus Community - Chris Gillette, Delegate; Bob Cannell , Alternate
12. Town-Gown LCB issues - Mary Ann Horne, Liaison
13. Washington Township Liaison - Jean Davis
D. Other Old Business
1. Schedule for Council Meetings (Sample agendas available)
2.
VI Communications
A. PLCM - Spring District Meeting - FYI
B. Economic Development Focus Group - FYI
C.
VII New Business
VIII Special Reports
IX EXECUTIVE SESSION: DEP EHB Docket 2000-125- R
X Adjournment
REMINDERS:
Finance Committee Meeting Monday's 1:30 p.m.
Recreation Committee Monday, March 25, 2002 4:00 p.m.
Public Safety Meeting Monday, April 1, 2002 6:30 p.m.
Building, Streets & Grounds Monday, April 1, 2002 7:30 p.m.
Authority Meeting Monday, April 8, 2002 5:00 p.m.
Ordinance Review Committee Wednesday, April 3, 2002 6:30 p.m.
Next Council Meeting Monday, April 8, 2002 7:00 p.m.
Berkheimer Associates sitting - April 1stNoon-2p.m. & 3 - 6 p.m., and April 8th 3-6p.m.
PLCB Campus-Community Coalition: April 11, May 2nd 2002 5:30 p.m. Location undecided.
2002 Council Meeting Schedule:
March 25, April 8, April 22, May 6, May 20, June 10, June 24, July 8, July 22, August 12, August 26, Sept. 9, Sept. 23, Oct. 7, Oct. 21, Nov. 4, Nov. 18, & Dec 2 at 7:00 p.m.; and December 16 @4.30 p.m.
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HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
March 11, 2002
7:00 p.m.
III. Call to Order by Mayor Rhodes
IV. Roll Call: H. Robert Cannell __, Jean Davis __, Christopher A. Gillette ___, &n