HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
August 12, 2002
Call to Order:
The following Council members were present: H. Robert Cannell, Christopher A. Gillette, Paul Snyder, Mary Ann Horne, Jean Davis, and Mayor Caroline Rhodes. Councilman Robert Gray was absent. Also in attendance were E.R. McFadden, Borough Manager; Dave Zamierowski, Code Enforcement Officer; and Marie Lander, Assistant to the Manager. Guest present was Jon Foulkrod, Washington Township liaison.
Mayor Rhodes introduced the minutes from the regular Council meeting held July 22, 2002. Jean Davis moved for approval of the minutes and Mary Ann Horne seconded. With no objections, the minutes were approved by voice vote of 6-0.
Mike Banda of Banda Construction was on the agenda to speak on bond posting for sidewalks at ScotsGlen Subdivision. In Mr. Banda’s absence Dave Zamierowski, Code Enforcement Officer gave a brief summation of Mr. Banda’s request. Mr. McBrier has a remaining maintenance and performance bond of $77,692 to complete the subdivision, which we have been holding for 3 years. Of that $29,425 is for sidewalks which he is requesting that we release and to allow the builder to give a bond of $1,226 at the time a building permit is issued on each lot. Manager McFadden stated that a resolution would be needed to release the bond and a binding agreement would be needed to enable the Code Enforcement Officer to require the individual bonds in excess of the building permit fees. Discussion followed on wording to make sure bonds were received up front on existing and subsequent owners when the building permit fee is paid. Case law of PA Building Code allows building permits at cost to process a permit and this would be an additional cost above the fee. Mr. Cannell asked if the sidewalks would be in at completion of homes. Mr. Zamierowski stated they must install sidewalks or they would not receive their occupancy permits and the bond could be used to install sidewalks if they do not complete when required. Manager McFadden asked about having the Solicitor review this proposed option and language to carry forward. Paul Snyder directed the Manager to look into a draft resolution and agreement after discussions with the Solicitor so everything would be ready for the next meeting when Mr. Banda would come before the Council. Dave Zamierowski informed Council that the binder was on the ScotsGlen Subdivision streets for 2 years and exposed to the elements which cause lose of UV value. April of 2003 they will be required to put the topcoat on the road even though the building will not be completed. Christopher Gillette stated that a performance bond instead of a line of credit that is irrevocable may be a way to go for the builder since they would not be holding up funds.
Being no persons interested in speaking, Mayor Rhodes moved on to old business.
Committee Reports:
Finance Committee: Chairman Mary Ann Horne, Jean Davis, Caroline Rhodes – Ms. Horne reported that the committee reviewed the purchase orders and reported that there was no irregularities. She stated that the next meeting they would have a resolution adjusting the budget as discussed at the workshop.
Ordinance Review Committee: Chairman Jean Davis, Paul Snyder, H. Robert Cannell - Jean Davis reported they met on July 31st and enclosed in the Council’s packet is a draft of the new Garbage Ordinance. Discussion followed on date and time for hearing and readings of new ordinance. It was agreed to advertise August 26th at 7:30 p.m. for a hearing with the Council meeting rescheduled to follow immediately after the hearing. Mrs. Davis went over the new ordinance that replaces the burning and garbage ordinances and references the recycling ordinance. Mary Ann Horne asked about trash pickup when college students leave. After much discussion and review of present agreement it was agreed to have Mr. Zamierowski schedule for special pickups by Waste Management on Wednesday and Friday of the weeks he felt most students put out garbage on leaving. This would give three days for pickups using the regular pickup and two additional. Up to 6 special pickups are allowed per the current contract. Also discussion was held on putting pictures and messages on the cable station about not littering.
Personnel Committee: Chairman H. Robert Cannell, Caroline Rhodes, Mary Ann Horne - H. Robert Cannell reported the Committee met July 22nd and July 26th. Mr. Cannell asked if thank you letters were sent to all three applicants for submitting their names for appointment on the Planning & Zoning Commission. Mr. McFadden stated they had gone out.
Recreation, Lake, Environment Committee: Chairman Robert Gray, Mary Ann Horne, and Jean Davis – It was noted that a meeting was scheduled for August 19th at 3 p.m.
Public Safety Committee: Chairman Paul Snyder, H. Robert Cannell, Chris Gillette – Paul Snyder reported they will met prior to the Council meeting to review the order for a new police vehicle, which was in the budget, and was needed because of the 1998 Ford Crown Victoria is over 100,000 miles and mechanic has forecasted trouble in the horizon. Paul Snyder motioned and H. Robert Cannell seconded the purchase of a police vehicle and to sell the Ford Crown Victoria and the old 1990 street's vehicle. It was recommended not to sell the third car used by streets worth $2,5000 at this time. The motion passed by unanimous 6-0 voice vote. Mr. Snyder requested that the Finance Committee on receiving the new police vehicle invoice review details to see if it should be cash or financed.
Streets, Buildings, & Grounds Committee: Chairman Chris Gillette, Robert Gray, Paul Snyder – Chris Gillette reported that they have two meetings scheduled September 16th and September 30th at 6:30 p.m. to discuss streetlights, bathhouse, and storm sewers.
Committee of the Whole – Mayor Caroline Rhodes had nothing new to report.
Information on H.G. Gillespie Foundation was in the packets for review and discussion. It had seemed to be a simple change in investments until it came to light that the Zindles where members of the Foundation and were interested in being involved. Solicitor Marsh has stated he would look into it for us to clear up some questions. It was noted that 50% of the interest earned on the investments went to scholarships; 15% to the Borough for civic and public undertaking; 30% to Cemetery Association; and 5% back into the principal. Erie Community Foundation is interested in taking these investments over.
Mr. Cannell reported that as a member of GEAR they have been in touch with the Erie Community Foundation since they are interested in talking to our community. GEAR has set up a meeting for Tuesday August 20th at 7PM in the Borough Building to hear their input. Mayor Rhodes stated that the Erie Community Foundation is a way to go for a business type control while it is not a personal way which the members of the present Gillespie Foundation was in place for. Council members approved the Solicitor checking into this matter.
Mayor Rhodes moved on to Manager’s report.
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MANAGER:
Manager McFadden reported that he was still searching for a replacement for Boetger Associates. He also informed Council that they received a quote of $136 to insert one page into the recycling newsletter. Council was to get articles to Mayor Rhodes to edit and compile by Friday August 16th to go to the printers for mailing around August 23rd. Mary Ann Horne reported she had an article on the K-9; and Mayor Rhodes on the sewer issue. Article from department heads on water meter update was recommended and CDBG programs in progress as well as about the Lake.
Manager McFadden and Jean Davis informed Council that the Municipal Authority had heard from Mellon Bank representative on refinancing the revenue bonds and had a written proposal form PNC which they would review this week. The consensus was to refinance but must choose what duration and if it would be a bond or note. Council was asked to guarantee the bond or note as done in the past. Paul Snyder motioned and Christopher Gillette seconded to continue to guarantee Municipal Authority debt no matter what method of refinance or duration until 2007 or a lesser date. The motion passed unanimously by 6-0 voice vote.
Mayor Rhodes introduced the bills for payment. Mary Ann Horne moved approval of the submitted bills totaling $ 109,215.88 dated August 12, 2002 and Jean Davis seconded. With no objections it passed by 6-0 voice vote.
Mayor Rhodes proceeded in acceptance of the payroll as submitted for the period ending July 20, 2002 and paid July 26, 2002 totaling $53,306.31 and payroll ending August 3, 2002 paid August 9, 2002 totaling $52,340.86. Mary Ann Horne motioned approval of the payroll and Jean Davis seconded. The motion approving the payroll, overtime reports, and supplemental time sheets passed unanimously by voice vote 6-0.
Resolution 11-2002 for disposition of public records was introduced by Mayor Rhodes as follows:
Home Rule Borough of Edinboro
Resolution No. 11-2002
WHEREAS, by virtue of Resolution No. 12-2001, adopted October 8, 2001, the Home Rule Borough of Edinboro, Erie County, Pennsylvania declared its intent to follow the schedules and procedures for the disposition of records as set forth in the Municipal Records Manual approved on July 16, 1993, and,
WHEREAS, in accordance with Act 428 of 1968, each individual act of disposition shall be approved by resolution of the governing body of the municipality;
NOW, THEREFOR, BE IT RESOLVED by Council of Home Rule Borough of Edinboro, Erie County, Pennsylvania, assembled this 12th day of August, 2002 in accordance with the above cited Municipal Records Manual, hereby authorizes the disposition of the following public records:
Finance Office:
DATES: 1953 - 1994
Accounts Payable files & Ledgers
Bills
Cancelled checks
Employee expense reports
Invoices
Purchase Order files
Supply requisitions
Accounts Receivable files & ledgers
Daily Cash Records
Deposit slips
Surplus property sales files
Utility and Paid Service Receipts
Voucher files
Bank statements
Check registers
Jean Davis motioned acceptance of Resolution 11-2002 and Mary Ann Horne seconded. With no questions the resolution passed by 6-0 unanimous role call vote: Robert Gray, absent; Christopher Gillette, yes; Jean Davis, yes; Paul Snyder, yes; Mary Ann Horne, yes; H. Robert Cannell, yes; Mayor Caroline Rhodes, yes.
PERSONNEL:
Council where informed that John Trypus was hired by the WWCT department July 30, 2002.
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PUBLIC WORKS:
Asphalt bids where opened August 6, 2002 as follows:
Name Unit Price Unit Price Total
Address ID 2 Wearing ID 2 Leveling Bid
Joseph McCormick $53.88 $63.68 $66,958.44
3340 Pearl Av. Box 176, Erie, PA 16512
Russell Standard Corp $41.75 $41.75 $51,269.00
Drawer W, Fairview, PA 16415
Paul Snyder motioned to accept Russell Standard Corp. bid not to exceed budgeted amount and Jean Davis seconded. Motion passed by unanimous voice vote of 6-0.
COMMUNITY LIAISONS:
EUP Administration Liaison: Mayor Rhodes reported she received a letter from Dr. Pogue offering assistance of $300 to the Borough toward food bank expenses. Council agreed to have Mayor Rhodes send Dr. Pogue a letter thinking him for his support and accepting his offer.
Authority Liaison: Jean Davis reported earlier in the meeting on the bond issue.
Pension Committee: Mayor Rhodes reported she attended in Paul Snyder’s behalf the July 24th meeting. The earnings are disappointing and reflect concern.
Negotiation Committee: Manager McFadden informed the committee that a union representative called today to cancel the August 23rd meeting and change the date to September 10th from 10 a.m. to 1 p.m.
Washington Township Liaison: Jean Davis reported she met with Dan McLaughlin, and Karl Nodberg and Jon Foulkrod of Washington Township along with Steve Halmi and Rob Kennerknecht to discuss the WWCT agreement, policy, and penalties. Sean Singer of the WWCT department gave a demonstration of monitoring flows on his laptop. The Authority would like to recommend to Council to reduce the surcharge back to $75 if metered and $150 if not metered in an effort to encourage cooperation contingent on Washington Township paying the amount they owe us up front. Manager McFadden explained that the Township does not meter their water they just charge everyone a flat fee while the Borough meters so those who use more pay more. Metering also helps in measuring lose of water and flow. Jean Davis motioned to return surcharge rates to $75 for meter and $150 for non-metered from this date on with no penalty if the Township pays their pass due amount to correct this issue. Correspondence on this subject back to 1995 was reviewed and copies given to Mr. Foulkrod today. Mary Ann Horne seconded the motion and it passed by 6-0 voice vote. Next meeting of the group will be August 23rd. Manager McFadden was instructed to send a letter to Washington Township regarding this motion.
Jon Foulkrod asked time to speak. He stated that his Council members have accused him of working for the Borough and this Gesture is a great start. Mr. Anthony and Mr. Halmi have given him some background information and it is good to see the thought process and understand the cost increase being direct cost or not. He hoped Council could resolve this matter and if any further information was needed he would contact Jean Davis the Washington Township Liaison for the Borough.
Other Old Business:
Being none Mayor Rhodes moved on to communications.
Notice from Erie County Conservation District open house of a new natural resource center on August 23rd was reviewed. Mayor Rhodes asked for a volunteer to represent the Council at the open house. Being no volunteers the Manager stated he would make sure someone attended.
Erie Times News new “Neighbors Section” and advertising rates; Highland Golf Course letter of thanks for job well done by Heather Dunkle and Police Chief Craft; Waste Management’s notice of increase in fees because of PA Environmental Resources Law; and Erie County Planning, and Erie County Brownfields for housing funds were all received. Mayor Rhodes requested copies of the Highland Golf Course letter be put into Heather Dunkle’s personnel folder and a copy given to the Police Chief. It was noted that the majority of incidents were outside the Borough. Dave Zamierowski was instructed to look into the Brownfields for housing funds and advise Council if they needed to do anything.
Dave Zamierowski asked for a moment to discuss the Joint Planning Commission and give Council a copy of a working ordinance enacted and adopted in another municipality, which DCED helped construct. They have had their solicitors as well as DCED reviewing this ordinance and he would send it also to Washington Township and Franklin Township for review. When it is agreed upon by other municipalities it will come before the Borough for three readings and adoption as a new ordinance.
With no further business Mayor Rhodes asked for adjournment. H. Robert Cannell motioned for adjournment and the meeting was adjourned at 9:30 p.m.
ATTEST:
___________________________ _____________________________
Manager E.R. Buck McFadden Mayor Caroline Rhodes
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HIGHLIGHTS
August 12, 2002
· Payment of bills
· Payment of payroll
· Minutes
· Hearing August 26th 7:30 p.m. with Council meeting to follow
· Purchase Police vehicle and sell 1990 street’s vehicle and Ford Crown Victorian Police vehicle
· Resolution 11-2002, disposition of public records
· Award bid to Russell Standard for Asphalt
· Accept Dr. Pogue’s assistance of $300 toward food bank expenses of Borough (Mayor to write letter of thank you and acceptance of assistance)
· Return surcharge rates to $75 for metered and $150 for non-metered in Washington Township upon their paying the complete past due amount.
· Continue to guarantee Bonds or Note for Municipal Authority no matter method refinance - for duration to 2007 or less.
POSTPONED
· Indecency Ordinance 502 - Ordinance Review Committee
· Solicitor looking into Gillespie Foundation.
· Petition for streetlights (Sept 16th Buildings, Streets & Grounds Committee Meeting)
· Finance Committee to review police vehicle invoice when received to see if is should be paid in cash or financed
· Council Goals
UPCOMING MEETINGS:
· Building, Streets, & Grounds – Sept 16 & 30th 6:30 p.m. discuss streetlights, bathhouse & Storm sewers.
· Recreation Committee August 19th 3pm discuss beach, shoreline related questions.
· Negotiation Committee for Non Uniformed Contract – Union representative asked to move meeting from 8/13 to 9/10 from 10 a.m. – 1 p.m.
· Ordinance Review Committee - review Indecency Ordinance August 26th 6:30 p.m.; August 26th Hearing 7:30 p.m. Garbage & Recyclable Collection & Burning Ordinance; & Codification; October 14th 6:30 p.m. review codification with Penns Valley.
· Finance Committee – meet Monday’s 1:30 p.m.
· Council Meeting August 26 7:30 p.m. after Hearing
· Authority Meeting September 9 5:00 p.m.
· Meeting Jean Davis & Daniel McLaughlin with Washington Township August 22
· Candle light ceremony August 26th – Deputy Mayor to speak
· Environmental Shade Tree Advisory Committee & Recreation Committee to review plans for lake boundary and walk through with Nancy Crawford & Steve Grund
· Draft resolution and agreement regarding Mr. Banda request for sidewalks bonding in Scots Glen Subdivision
· Get Solicitors opinion on agreement with Banda
· Get Solicitors opinion on Gillespie Foundation matters
· Letter to Washington Township regarding reduction in surcharges upon payment of past due amounts.
· Dave Z. to check into Erie County Brownfields for housing funds
· Representative to attend open house of Erie County Conservation District new natural resource center August 23
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