HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
May 20, 2002
Call to Order:
The following Council members were present: Jean Davis, Robert Gray, H. Robert Cannell, Paul Snyder, Mary Ann Horne and Mayor Caroline Rhodes. Member absent was Christopher A. Gillette. Also in attendance was E.R. McFadden, Borough Manager; Marie Lander, Assistant to the Manager; and Solicitor Ritchie Marsh. Guests who signed in where George Roberts and David Hunt of the Meadville Tribune.
Mayor Rhodes introduced the minutes from the regular Council meeting held May 6, 2002. Jean Davis moved for approval of the minutes and Mary Ann Horne second. With no objections, the minutes were approved by voice vote of 5-0-1. Robert Gray abstained because he was not present at the May 6, 2002 meeting.
George Roberts from EUP Athletics was present to request permission to close Perry Lane from Darrow Road north to the oak tree at McComb parking lot for soccer tournaments. H. Robert Cannell asked if this was a soccer camp. Mr. Roberts stated it was tournament weekends. Mr. Cannell asked if it was for financial gain. Mr. Roberts stated it was a fundraiser for athletic scholarships. Jean Davis motioned and Mary Ann Horne seconded to authorize the road closings as presented. The motion passed by 6-0 voice vote.
Mr. Rob Hallabaugh, 307 Erie Street requested time to speak regarding modification of ordinance #503 too fairly reflect occupancy. Mr. Hallabaugh was not present. Mayor Rhodes stated that Mr. Hallabaugh had been before Council on April 22, 2002 regarding this topic and felt that the Council was content with the ordinance as it was. Jean Davis motioned and Mary Ann Horne seconded to deny Mr. Hallabaugh’s request at this time. The motion was passed by 6-0 voice vote. Manager McFadden was instructed to relate this information to Mr. Hallabaugh.
Being no other interested persons to speak, Mayor Rhodes went on with committee reports.
Committee Reports:
Finance Committee: Chairman Mary Ann Horne, Jean Davis, Caroline Rhodes – Mary Ann Horne reported that the committee met today to review the purchase orders and bills. They also discussed IU lease contract. Mary Ann Horne motioned to increase the IU lease starting July 01, 2002 to $6,000 per year and Jean Davis seconded the motion. Discussion followed regarding increase from $4,000 to $6,000 per year. Paul Snyder and H. Robert Cannell stated they felt the fee should be at or near to actual cost to Borough of $7,021.25 for cleaning, utilities, etc. Motion passed by 4-2 voice vote. H.Robert Cannell asked when the Council would see, on regular basis, revenue comparisons? Manager McFadden stated that they would be forthcoming.
Ordinance Review Committee: Chairman Jean Davis, Paul Snyder, H. Robert Cannell - Chairman Davis reported they met May 15th on the garbage ordinance and it was getting closer to being finished and they requested Dave Zamierowski to be present at their next meeting June 17th at 6:30 p.m.
Personnel Committee: Chairman H. Robert Cannell, Caroline Rhodes, Mary Ann Horne - H. Robert Cannell requested meeting on June 3rd at 2:30 p.m. after Finance Committee meeting.
Recreation, Lake, Environment Committee: Chairman Robert Gray, Mary Ann Horne, and Jean Davis - no report.
Public Safety Committee: Chairman Paul Snyder, H. Robert Cannell, Chris Gillette – Paul Snyder reported they met May 13th at 7:30 p.m. to discuss police situation and felt they were getting closer. They had requested a couple studies by the Manager for next meeting June 3, 2002 at 6:30 p.m. Mayor Rhodes stated that when the committee had a recommendation she felt the Committee of the Whole should meet to discuss financial aspects. Manager McFadden reported he was working on a problem with police vehicle and options to replace it. Discuss followed on what vehicles were involved and when a new police vehicle could be available.
Streets, Buildings, & Grounds Committee: Chairman Chris Gillette, Robert Gray, Paul Snyder – Paul Snyder reported that they did not meet May 13th as noted in agenda. They will meet May 29th at 6:30 p.m. to discuss request from Public Works Director for no parking near Culbertson Hills Golf resort at Triangle Park and recommendations on sidewalks.
Committee of the Whole - Mayor Rhodes
Mayor Rhodes stated that they had received a summary from Solicitor Marsh of the hearing and would await the ruling regarding DEP EHB Docket 2000-125-R.
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MANAGER:
Manager McFadden stated he had the information from Food Bank regarding clients and would be getting the letters out next meeting. Mayor Rhodes stated that the cost to the Borough for a rent-free facility would be partially borne by a percentage of usage of municipalities of General McLane School District.
Solicitor and Manager will work out language for Scots Glen Subdivision request for next meeting since sewer issue is finished.
Water customers requesting explanation of billing will meet when Water Superintendent is back in town. They will meet with Manager, WWCT Superintendent, Water Superintendent, and Code Enforcement Officer.
Letter from Senator Earll regarding Borough’s letter on fees in pending legislation on disposal of trash and waste. After much discussion no action was taken.
Manager McFadden discussed the SSHE Subcommittee of PLCM University-Community Network meeting of May 10, 2002. The main topic was SB336 basis for SSHE and host municipalities can enter into cooperative police arrangements. Result of meeting Ed Nolan, SSHE relations and Bob Mulle, Legal Council for SSHE agreed to make change to clarify primary jurisdiction relationship and to work with municipalities. Also passed out was information from Lehigh/Bethlehem project, Philadelphia Special Services District and about Borough of Indiana. Ed Nolan & Bob Mulle had agreed to get back in timely manner to committee their thinking on admissions & amusement tax. H. Robert Cannell asked if anything was discussed on surplus lands and tax or sale of land owned by state. Manager McFadden stated foundations’ activities were being explored. It is possible if property is leased for profit it could be taxable but he was not aware of anything in Edinboro. Paul Snyder stated the article on Lehigh where the college is paid tax on property not used for education looked interesting. Manager McFadden stated in Edinboro the vacant land is used for athletic teams to practice and only profit is from admissions. He will ask Lehigh what they are being paid for. Robert Gray asked about parking lots since churches must pay for them. Attorney Marsh stated it was in the statues that churches were tax exempt but parking lots were taxed. He also stated that maybe the college purchased property in town and leases the buildings to students, not as dorms, and are landlords making money, which would be taxable.
Letter from Washington Township regarding Regional Recreation Advisory Committee meeting May 20th at 2 p.m. was also discussed. Mayor Rhodes stated the agenda was on landscaping of Washington Township Memorial Park Project and no Borough Council member attended.
Also in Manager’s section were letters to Real Estate & OPT Tax Collector; to Pat Davis on triathlon; SSHE host municipalities regarding non-uniformed employees collective bargaining agreements; and to the City of Erie & Erie School District regarding request. Memo on police pension plan and one to Planning Commission was also available for review.
Mayor Rhodes introduced the bills for payment. Jean Davis moved approval of the submitted bills totaling $164,610.10 dated May 20, 2002 and Mary Ann Horne seconded. With no objections it passed by 6-0 voice vote. Paul Snyder asked about percentage of meters paid for with this payment and H. Robert Cannell asked about costs for litigation to date. Manager McFadden was asked to provide the information.
Mayor Rhodes proceeded in acceptance of the payroll as submitted for the period ending May 11, 2002 and paid May 17, 2002 totaling $50,156.29. 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 6-0.
POLICE:
Police report was available for review and information on police car for Public Safety Committee. Mayor Rhodes asked if bike patrol was out? Mary Ann Horne stated that residents had reported to her that cars where moving faster on Lakeside and Monroe Streets. Bike patrol works on speed control in that area.
BOCA/CODE ENFORCEMENT/PLANNING/ZONING:
Monthly report was available for review. Also a vacancy on Planning & Zoning Commission was advertised for position left vacant on the passing of William McDonald.
PUBLIC WORKS:
Monthly report was available for review. Memo from Manager McFadden regarding problem Borough has had for last few years at the Triangle Park location, which Public Works Director addressed at the last meeting.
WASTEWATER COLLECTION & TREATMENT
Copy of letter to Penn Union Corporation regarding Industrial user Permit No. 01 was available for review and copy of advertisement of bid for Darrow Road project.
WATER SYSTEM:
Monthly report was available for review.
Community Development/Project Coordination:
Monthly report was received and reviewed.
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Other Old Business:
Mayor Rhodes reported that a calendar was being circulated for June, July and August to see when Council members will be out of town for vacation. This will alert Council of dates when no quorum will be made.
Mayor Rhodes reported that she would be presenting Florence Schrader of Maple Drive a copy of the Centenarians Proclamation on May 23rd. If any members were interested in going with the Mayor they were to let her know.
Mayor Rhodes reported that H.Robert Cannell had given her information to present to EVFD regarding New Wilmington’s auction to raise funds. They use donated items and have a 2-day auction. Mr. Cannell felt, with the college in Edinboro, students leave behinds enough to auction off.
New Business:
Proclamation for Triathlon Month: Mayor Rhodes received request for proclamation from YMCA. Mayor Rhodes so proclaimed the "Celebration of Triathlon Month" as June 2002 with Council's support.
HOME RULE BOROUGH OF EDINBORO
TRIATHLON AWARENESS MONTH
PROCLAMATION
WHEREAS, a triathlon is the combination of swimming, biking and running; and
WHEREAS, during June the 17th Annual Hamot Sports Medicine Edinboro Triathlon sponsored by the General McLane Education Association and Hamot Sports Medicine will be held Saturday, June 1 in Edinboro; and
WHEREAS, during June the 1st Annual County YMCA Lazyman Triathlon will be held June 2 - June 22 in Edinboro; and
WHEREAS, during June the 2nd Annual County YMCA Youth Triathlon will be held June 29 in Edinboro; and
WHEREAS, the elected and appointed officials of Edinboro wish to welcome the participants, spectators and sponsors of these events to Edinboro.
NOW, THEREFOR, DO I, CAROLINE RHODES, Mayor of the Home Rule Borough of Edinboro, hereby proclaim the MONTH of JUNE, 2002, to be TRIATHALON MONTH in edinboro.
Discussion followed on making further proclamations as resolutions. It was agreed that henceforth the consensus of Council was to do away with proclamations and to make resolutions from the whole Council.
Solicitor Marsh requested time to comment on questions about the hearing. He stated that DEP left the Borough no room to not appeal. Let us put this in an historical setting that DEP issued order to Borough; case law stated if you don’t appeal order it becomes there jurisdiction to tell you what to do; no jurisdiction or facts. It was the Solicitor’s opinion that if they did not appeal then DEP would tell Borough what to do. You have to also remember DEP wanted a corrective action plan that we could not give, since it would be admitting to something that was not true. Yes, we spent a lot of money and staff time, but the alternative was to have DEP tell you what to do and not what citizens wanted. Their theory is regional approach, which might be your choice, but should not be dictated. It was either fight the order or let them tell you what to do which was not a lot of choice.
Mary Ann Horne thanked Solicitor Marsh for his letter informing them of the employees’ professionalism at the hearings. Solicitor was also thanked for his work and forthcoming work on this matter.
With no further business Mayor Rhodes asked for adjournment. Jean Davis motioned for adjournment and the meeting was adjourned at 9:00 p.m.
ATTEST:
___________________________ _____________________________
Manager E.R. Buck McFadden Mayor Caroline Rhodes
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HIGHLIGHTS
· Payment of bills
· Payment of payroll
· Proclamation of Triathlon Month (JUNE 2002)
· Road closings for EUP Athletics on Perry Lane
· Deny request of Rob Hallabaugh to modify ordinance 503
· Approve increase to $6,000 per year for IU lease starting July 1, 2002
· Proclamation "Celebration of Triathlon Month" June 2002
· Preparing resolutions instead of proclamation in the future.
POSTPONED
· Indecency Ordinance 502 - Ordinance Review Committee
· Scots Glen Subdivision request
· Council Goals
· Discussion on meeting format
· Vacancy on Planning & Zoning Commission advertised
UPCOMING MEETINGS:
· Council Meeting June 10th 7:00 p.m.
· Florence Schrader, Maple Drive presentation of proclamation Centenarians Day May 23rd by Mayor
· Authority Meeting June 10th 5:00 p.m.
· Streets, Buildings & Ground Committee - (municipal building repairs; bathhouse & sidewalks, request for no parking on Triangle Park) May 29th 6:30 p.m.
· Ordinance Review Committee - (Indecency Ordinance; Garbage Ordinance; & Codification) June 17th 6:30 p.m.
· Personnel Committee – June 3rd 2:30 p.m.
· Finance Committee Every Monday 1:30 p.m.
· Public Safety Committee – June 3 6:30 p.m. – discuss police department
· Relate Council’s denial of request to Rob Hallabaugh
· Meet with Solicitor to get language for Scots Glen Subdivision request
· Have revenue comparisons regularly for Council in H.Robert Cannell’s format.
· Studies for Public Safety Committee June 3, 2002 6:30 p.m.
· Letter to municipalities sharing cost of facility of food bank.
· Meet with residents having questions on billing next week.
· Find out what Lehigh is getting paid taxes for.
· Paul Snyder asked percentage of meters paid for to date to US Filter.
· Bob Cannell asked costs for litigation to date.
· Bike Patrol to monitor Lakeside & Monroe Streets for speed control.
· Ms. Horne request simple ordinance for planting trees by owners of property.
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HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
May 20, 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 May 6, 2002 ACTION: Motion to approve minutes
IV Persons Requesting Time To Address Council
A. George Roberts - EUP Athletics - Road closings
B. Rob Hallabaugh, 307 Erie Street - request modification of ordinance 503 to fairly reflect occupancy
V. Old Business
A. Committee Reports
1. Finance Committee - Mary Ann Horne, Chair - Met every Monday to review purchase orders
2. Ordinance Review Committee - Jean Davis, Chair - Met May 15 6:30 p.m. - Public Indecency Ordinance 502 - Garbage Ordinance - Recodification
3. Personnel Committee – Bob Cannell, Chair.
4. Recreation/Lake/Environment - Bob Gray, Chair
5. Public Safety – Paul Snyder, Chair - Met May 13th 7:30 p.m. (Review Stop signs on Shelhamer Drive - Chief to report back Public Safety Committee who will inform Paul Snyder so he can talk to resident requesting information ALSO review 1st quarter police budget to actual expenses as well as Review task force & hearing reimbursement to actual expenses); ALSO review Management recommendation to sell 1990 Chevy, 1995 Chevy, and 1998 Ford and purchase budgeted police car)
6. Street, Buildings, and Grounds – Chris Gillette, Chair - Met May 13th 6:30 p.m. regarding request for no parking near Culbertson Hills Golf resort at Triangle park
7. Committee of the Whole - Mayor Rhodes
B. Solicitor's Report:
1. DEP EHB Docket 2000-125- R (PADEP Order of May 9, 2000):
a) Memo - FYI
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 (received figures 4/15/02)
· 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)
· Status of Scots Glen Subdivision request & amendment language (awaiting Solicitor)
· Water customer meetings to explain correct billing (Bills have been verified to be correct - meetings with residents to be scheduled for next couple weeks with Manager and Butch Shafer):
Bob Hanson
Misty Knaus
Mark Hutchinson's Father
b) Letter to Tax Collector - FYI
c) Letter to Senator Earll and Representative Evans & response from Senator Earll - Action on recommended reply.
d) May 10, 2002 meeting of SSHE Subcommittee of PLCM University-Community network - FYI
e) Letter to Pat Davis - FYI
f) Letters regarding Non-uniformed employees collective bargaining - FYI
g) Memo on Police Pension Plan
h) Regional Recreation Advisory Committee
i) Letter City of Erie & Erie School District regarding request for audits EIT-FYI
j) Memo to Planning Commission - FYI
2. Finance
a) Authorization to Approve Bills, to be paid May 20, 2002 Action: Motion to approve bills $ 164,610.10
b) Authorization to Approve Payroll
Action: Motion to approve payroll ending May 11, 2002 paid May 17, 2002 totaling $ 50,156.29
3. Personnel
4. Public Safety
a) Emergency Management
b) Emergency Medical Service (EMS)
c) EVFD
d) Police
1) Police Reports
2) Memo re: purchase of budgeted police car
e) Employee Safety Committee
5. BOCA/Code Enforcement/Planning/Zoning
a) Monthly Report
b) Advertised vacancy on Planning & Zoning Commission-FYI
6. Public Works
a) Sanitation
b) Building & Property
c) Streets/Storm Sewers/Signals/Signs
1) Monthly report
2) Memo on Triangle Parklet
d) Park & Recreation
e) Lake
f) Environmental Shade Tree Advisory Committee
g) Dam
h) Recycling Leaves - compost is available
7. Wastewater Collection & Treatment
a) Industrial user Permit No. 01 -FYI no action needed
b) Bid Spec's on Darrow Road -FYI no action needed
8. Water System
a) Monthly Report
9. Community Development/Project Coordination
a) Monthly Report
D. 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. Authority Liaison - Jean Davis
9. Pension Committee Liaison - Paul Snyder Committee met May 15 9 a.m. next meeting July 24th noon.
10. PLCM Campus Community - Chris Gillette, Delegate; Bob Cannell , Alternate -- Met May 10th (See Manager's report)
11. Town-Gown LCB issues - Mary Ann Horne, Liaison
12. Washington Township Liaison - Jean Davis
E. Other Old Business
1.
VI Communications
A.
VII New Business
A. Proclamation for Triathlon Month
B.
VIII Special Reports
IX Adjournment
REMINDERS:
Finance Committee Meeting Monday's 1:30 p.m.
Public Safety Meeting
Building, Streets & Grounds
Authority Meeting Monday, June 10, 2002 5:00 p.m.
Ordinance Review Committee Wednesday May 22, 2002 6:30 p.m.
PLCB Campus-Community Coalition
PLCB Meeting -- June 20th
2002 Council Meeting Schedule:
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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