HOME RULE BOROUGH OF EDINBORO

COUNCIL MEETING MINUTES

October 7, 2002

Call to Order:

Monday, October 7, 2002, regularly scheduled meeting was called to order by Mayor Caroline Rhodes at 7:00 p.m. 

Roll Call: 

The following Council members were present: H. Robert Cannell, Christopher A. Gillette, Mary Ann Horne, Jean Davis, and Mayor Caroline Rhodes.  Members absent were Robert Gray and Paul Snyder. Also in attendance were E.R. McFadden, Borough Manager; and Marie Lander, Assistant to the Manager.  Guests present were Bruce Shrout, Rosalie Nagy, and Nancy Crawford.

Minutes:

Mayor Rhodes introduced the minutes from the regular Council meeting held September 23, 2002.   H. Robert Cannell moved for approval of the minutes and Jean Davis seconded. With no objections, the minutes were approved by voice vote of 5-0. 

Participation:

Nancy Crawford, 202 Elm Street.  Asked about the dock situation and children playing on them and the ramps being removed.  Mayor Rhodes stated that Manager McFadden has sent a letter to Kate Zahorchak in response to her concerns about the docks.  Manager McFadden explained that the draw down was needed for dam repairs and an additional two feet for one month for the zebra mussels to make three consecutive years of lower the Lake to kill the mussels.  The buoys are air drying and will be in storage prior to EUP Homecoming.  The wooden approaches of the docks have been removed and the docks will remain on the beach for storage.  We can not keep assembling and disassembling the docks to store on land.  We can store also on water along Natures Outlet and if by land it would need to be our property and a loader would be needed to remove them from the water.  Yes, it does make more sense to store in water along the shoreline at Natures Outlet.  We are looking at the possibility of steps down from Natures Outlet and putting improved docks there.  We can do this in the spring in-house using our resources.  But just like the storing on the beach or behind the play area, people have also complained before about storing them at Natures Outlet. Manager McFadden thought it made the most sense to store them along the shoreline but since the boards are drawn to lower the Lake for dam repairs it was not feasible to do it this year.  The preconstruction conference for the dam repairs was today and the completion date is November 1^st to 7^th.  The gabians will be worked on after homecoming and the Lake is down the three feet.  Mayor Rhodes asked the Recreation committee under Bob Gray to look into the dock storage for Council.

Mayor Rhodes took time to have the PUBLIC HEARING for 2001 CDBG Program modifications.  The Hearing was called to order and public notice September 30, 2002 was read.  Mayor Rhodes explained that they were deleting $30,000 from Parks & Recreation and adding $19,288.04 for Dam repairs and $10,711.96 for project of removal architectural barriers to Borough building. 

Mayor Rhodes asked for questions or comments from residents and Council.  Mary Ann Horne asked what was eliminated.  Manager McFadden stated that the $30,000 was set aside for $10,000 each Natures Outlet; Onda Beach; and Playground at Crawford resurfacing.  Onda Beach is more expensive then anticipated and not worth doing in the original plan for fishing modification and beautifying.  The surfacing materials for the playground are also more than expected and Natures Outlet improvement of docks we can do ourselves by utilizing does not rented.  The Bathhouse is in FY2000 at $33,5000 and in FY2003 we will add $70,000 more for the bathhouse. 

Nancy Crawford asked about pickets, which used to be sold at $25 for each name put on them.  This was a good way to get funds for maintenance and improvements to the playground.  Discussion followed on possibly starting this back up and having them routered in-house during the winter.  This way people would have a chance to participate and help maintain their parks and beaches.  The resurfacing of the playground would be with softer materials then the stones in place.  Mayor Rhodes asked Manager McFadden to look into the pickets and to discuss with Recreation Committee.

H. Robert Cannell motioned the CDBG Hearing be adjourned.  With no objections the hearing was adjourned at 7:26 p.m.

Being no further persons interested in speaking, Mayor Rhodes moved on to old business.

OLD BUSINESS:

            Committee Reports:

Finance Committee:  Chairman Mary Ann Horne, Jean Davis, Caroline Rhodes – Ms. Horne reported that dates for the budget workshops were in the packets.  It was noted that the legal ad would be in the Meadville Tribune and after some discussion it was agreed to sent the dates to Mary Hill at Neighbors as a press release and also put them on the Cable station. 

            Ordinance Review Committee:  Chairman Jean Davis, Paul Snyder, H. Robert Cannell -  Jean Davis reported that changes in 20-4 were in the packet for the garbage ordinance.  The final reading of this ordinance will be October 21^st.  Codification is also going on which is a very big job.   Planning & Zoning sections have been given to Dave Zamierowski, Code Enforcement officer to review; Vehicle Codes to Police Chief Craft; and meetings to review it have been scheduled.

Personnel Committee:  Chairman H. Robert Cannell, Caroline Rhodes, Mary Ann Horne – Mr. Cannell reported they met September 30^th to begin program review of manager by meeting with department management.  The next meeting will be October 14^th at 2:30 p.m.

            Recreation, Lake, Environment Committee:  Chairman Robert Gray, Mary Ann Horne, and Jean Davis – No report.

            Public Safety Committee:  Chairman Paul Snyder, H. Robert Cannell, and Chris Gillette – nothing to report.  Manager McFadden asked for authorization of towing fee of $50 instead of $45 for EUP Homecoming because of increased towing charge. H. Robert Cannell motioned to set the temporary towing fee to $50.00 during Homecoming event.  Mary Ann Horne seconded the motion and it passed by 5-0 voice vote.

Streets, Buildings, & Grounds Committee:  Chairman Chris Gillette, Robert Gray, Paul Snyder – Chris Gillette reported that they met September 30^th .  Upon review of initial site plans and 11 spots found still in place, Mr. Gillette motioned to approve 11 Colonial lights as noted on the plans for Brae Loch Subdivision.  Motion was sended by jean Davis and passed by 5-0 voice vote.  Mayor Rhodes commended Christopher Gillette, Tom Schruers, and Manager McFadden for getting all the questions of Council answered so quickly.

            Committee of the Whole – no report.

Solicitor's Report:

Being nothing new to come before Council Mayor Rhodes moved on to the Manager’s section.

Managers Report:

            MANAGER: 

Mayor Rhodes noted that Dave Zamierowski’s memo regarding rental units by street, by zoning district, and changes in for 1997-2002 as well as West Chester’s ordinance, which he felt did not affect the Borough.  Manager McFadden noted that the West Chester ordinance appears not to affect the Borough but recommended supporting them as we are in an alliance with SSHE municipalities.  H. Robert Cannell motioned to support them and Mary Ann Horne seconded to have the Borough offer full support of West Chester and oppose HB2069.  Discussion followed.  Mayor Rhodes opposed the action because of civil rights being more important and the flaw in their ordinance categorizing by occupation was discriminative.  She personally supported HB2069 and felt that the Borough had no problem in the way they handle people in their ordinances.  She urged Council to stay neutral. H. Robert Cannell asked why would PLCM be behind this if it was against civil rights?  Manager McFadden stated that elected officials of West Chester like here govern by constituents requests to have a nice town.  They passed ordinance based on Lower Marian Township, which has been held up to be lawful.  PLCM requesting University Community Network to support judgement of elected officials of West Chester as what would be good for their town in light of it being lawful.  Supporting members supporting each other.  Christopher Gillette stated he was in support of other communities would be good but screams of discrimination at worst should not be supported.  Manager McFadden stated the two riots in State College getting out of hand may be the reason for this ordinance in West Chester or maybe not.  It is not good idea student status zoning but maybe because of over concentration or conflict of schedules.  Mayor Rhodes stated we all took an oath when elected.  Jean Davis stated that if they left student out the ordinance would be something like our register of owners.  Christopher Gillette stated that inspections enforced for up keep and noise ordinance enforced were other ways to solve the problem without discrimination.  Mary Ann Horne felt the ordinance was a way they were trying to protect property values like problems we have on Waterford Street.  H. Robert Cannell motioned to table the motion on the floor and Jean Davis seconded.  With no objections the motion to table was approved by 5-0 voice vote.  H.Robert Cannell thanked Dave Zamierowski for a report that was very informative and was wondering more about college students and would discuss it with Dave and Manager McFadden.

Also available in Manager’s section was notice that Dave Anthony of Washington Township would not be available to attend Manager’s workshop with Manager McFadden on October 11^th.  Memo to Ella Pahls about Food Pantry use of building.  Qalso a copy of grant close out for codification was in the packets for review.

            FINANCE:   

            Mayor Rhodes introduced the bills for payment.  Mary Ann Horne moved approval of the submitted bills totaling $ 171,422.84 dated October 7, 2002 and Jean Davis seconded.  H. Robert Cannell asked about payment to Merrill Lynch for $69,017.10.  Manager McFadden stated this was for pensions investments as required in MMO’s and that Merrill Lynch oversees two managers Regent and Rittenhouse who do the investing for our pension plans. The motion passed by 5-0 voice vote.

Mayor Rhodes proceeded in acceptance of the payroll as submitted for the period ending September 28, 2002 and paid October 4, 2002 totaling $49,817.41.  Jean Davis motioned 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 5-0.

PERSONEL:

Confidential grievance arbitration award summary was available for Council to review and discuss in executive session of needed.

PUBLIC SAFETY - POLICE:

Letter to Sean Singer ,WWCT from Penn Prime was available for review.  Mayor Rhodes stated she was pleased to see that Sean Singer had got a grant from Penn Prime to get safety enhancements for the WWCT department.

PUBLIC WORKS:

Public Works noted that a meeting would be held October 25^th to discuss Elm Street Flooding.

WASTEWATER COLLECTION & TREATMENT:

Letter to JP Morgan Trust regarding liquidation and transfer of Municipal Authority of the Borough of Edinboro funds upon closing of bond refinancing October 22, 2002.  Mayor Rhodes also noted that she had signed documents for closing and everything was ready to go. 

WATER SYSTEM:

            Well capacity analysis is being done by Moody.   Meter and back-flow non compliance rate is 6.5% or 100 residents that have not installed or paid or arranged payment as of today.  Manager McFadden stated that he plans to meet with the Attorney and Butch Shafer, Water Superintendent next week and get a letter highlighting process including shut off of water to the remaining non-compliant. 

            COMMUNITY DEVELOPMENT/PROJECT COORDINATION:

                Resolution 7-2002 was presented for approval to adjust CDBG allocations as discussed in public hearing earlier in the meeting.  Jean Davis motioned and Mary Ann Horne seconded the adoption of the following resolution 7-2002:

RESOLTUION APPROVING A MODIFICATION TO

EDINBORO BOROUGH’S

FY 2001 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

RESOLUTION NO. 7-2002

WHEREAS, Edinboro Borough has been designated an “entitlement” municipality under the provisions of the Pennsylvania Department of Community and Economic Development Block Grant (CDBG) Program and the Commonwealth of Pennsylvania’s Legislative Act 179 of 1984; and

WHEREAS, the Borough received a CDBG grant of $175,683 for fiscal year 2001 and previously resolved to use a portion of said funds in the following manner:  Removal of Architectural Barriers ($27,000); Parks and Recreation, ($30,000); and Edinboro Lake Dam Spillway ($12,000); and

WHEREAS, the Borough of Edinboro wishes to delete the Parks and Recreation Activities representing $30,000 from the FY2001 application; and

WHEREAS, the Borough desires to transfer those monies in the following manner:  $10,711.96 to the FY 2001 Removal of Architectural Barriers Activity – improvements to the Municipal Building which houses Borough municipal offices and a Public Library to comply with the Americans with Disabilities Act of 1992, and transfer the remainder of the monies, a total of $19,288.04 to the FY 2001 Edinboro Lake Dam Spillway Activity; and

WHEREAS, this transfer would bring the budgeted amount for the Removal of Architectural Barriers Activity to a total of $37,711.96 and the Edinboro Lake Dam Spillway Activity to a total of $31,288.04; and

WHEREAS, such a project change constitutes a modification to the CDBG program which the Borough is permitted to initiate and approve and then document to the Pennsylvania Department of Community and Economic Development for recording purposes.

NOW, THEREFORE, BE IT RESOLVED, by the Edinboro Borough Council that the Borough hereby approves the modification allowing for the deletion of the Parks and Recreation Activities and the transfer of $10,711.96 to the Removal of Architectural Barriers and $19,288.04 to the Edinboro Lake Dam Spillway and authorizes the Grant Coordinator to submit applicable documentation to the Pennsylvania Department of Community and Economic Development.

Motion passed by the following role call vote:  Mary Ann Horne, yes; Paul Snyder, absent; Robert Gray, absent; H. Robert Cannell, yes; Jean Davis, yes; Christopher A. Gillette, yes; and Mayor Rhodes, yes.  Motion passed by 5-0 role call vote.

COMMUNITY LIAISONS:

Authority:  Jean Davis reported that they met prior to this meeting at 5 p.m.  The Water Authority discussed meter and back flow installations and that 16 were on payment plans.  Also the water analysis of capacity was at Moody’s to be compiled.  It was their opinion that they would supply Washington Township on Dundon Road as soon as possible after receiving this study and bulk agreement with Washington Township. The Municipal Authority reviewed TRE for Penn Union and that they understood our problem and still do not have NPDES review.  Also the Municipal Authority closing on the refinancing of their bonds is October 22, 2002.

Town Gown: Mary Ann Horne reported that EUP had received a grant to lower drinking on campus and they would be holding activities on campus to keep students from going to the bars.  They will do one or two outings using these funds instead of several outings hoping to get attractions that would keep students on campus to attend.  They also have a poster contest with the topic taking the right decisions.

Washington Township Liaison: Jean Davis reported people in the Borough always complain about 2% wage tax but Washington Township residents had an eye opener when the ground doesn’t perk they must get a small flow facility which costs $15,000 to $18,000 and $750 maintenance bond to Washington Township.  Dave Patterson will be their representative to the Watershed Association.  They talked about WWCT and no conclusions until lawsuit is known they will just continue discussions because of consent orders require this.  The next meeting is scheduled for 9 a.m. October 16th.  Jean Davis asked that a letter be sent to Washington Township requesting support toward lifeguards, food panty, auto insurance for Fire Department, and as in the past for EVFD Workers Compensation and herbicide in the Lake.

Other Old Business:

            Lake Preservation & Restoration Foundation change to Watershed Association was discussed.  Mayor asked for recommendations from Council for appointment to Watershed within the next couple of weeks.

Communications:

                Letter to Washington Township of September 27^th regarding support of park project was available for review.  Notification of Erie County Association of Boroughs meeting October 16^th was in packets.  Mayor Rhodes asked if someone could attend since it would be on the EIT discussions as well as a speaker.  Mayor Rhodes also reported that she received the EUP annual report and they were doing a big effort to improve their image.  Mary Ann Horne noted that the Borough was not noted in the annual report.

New Business:

            Mr. Cannell stated he had a concern that it may rain for the parade and the Mayor had planned to ride her bike.  He offered to bring his car out if she preferred.  Mayor Rhodes stated she would a sign on her bike and wear a helmet.

Adjournment:

            With no further business Mayor Rhodes asked for adjournment.  Christopher Gillette motioned for adjournment and the meeting was adjourned at 8:45 p.m.

ATTEST:

___________________________               _____________________________

Manager E.R. Buck McFadden                                        Mayor Caroline Rhodes

HIGHLIGHTS

October 7, 2002

COUNCIL APPROVED:

·         Payment of bills

·         Payment of payroll

·         Minutes

·         Resolution 7-2002 for CDBG modification

·         Advertise Meadville Tribune for budget workshops & put on Cable TV station & send as news release to Neighbors

·         Postponed 3^rd reading Ordinance 506 Garbage and Recyclable Collection & Burning until Oct 21^st.

·        Approve 11 colonial streetlights to Brau Lock Subdivision

·        Homecoming Towing Fee $50.00

POSTPONED

·         Indecency Ordinance 502 - Ordinance Review Committee

·         Recreation Committee to review plans for lake boundary and walk through with Nancy Crawford & Steve Grund

·        Garbage Ordinance –

·        PLCM request for HB2069

UPCOMING MEETINGS:

·         Ordinance Review Committee -  (Indecency Ordinance & Codification)  September 24^th 6:30 p.m.; October 14^th 6:30 p.m.; and October 30^th 6:30 p.m. & November 7th

·         Finance Committee – meet Monday’s 1:30 p.m.

·         Council Meeting October 21^st    7:00 p.m.

·        Personnel meeting October14^th 2:30 p.m.

MANAGER INSTRUCTED TO:

·         Bond Closing as needed – October 22, 2002 9:30 am.

·         Memo to Sean Singer for great job in getting grant

·         Advertise budget workshop

·         Thank Tom Schruers for all his work in getting information Council needed on streetlights

·         Letter to Washington Township requesting support toward lifeguards, food pantry, & auto insurance of EVFD, and as in the past for Workers Compensation, and Herbicide in the Lake.

·         Check on selling pickets for park maintenance funding – router during winter months

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

October 7, 2002

7:00 p.m.

I.                    Call to Order Council Meeting by Mayor Rhodes

 at _____

II.                 Roll Call:        

III.       Approval of Minutes:

A.      Minutes of Regularly Scheduled Meeting September 23, 2002                         ACTION: Motion to approve minutes

IV        Persons Requesting Time To Address Council

            a)  Hearing on CDBG

V.        Old Business

A.  Committee  Reports

1.        Finance Committee - Mary Ann Horne, Chair – Monday’s 1:30 p.m.

2.       Ordinance Review Committee - Jean Davis, Chair – Garbage Ordinance #506 3^rd & final reading October 21   – Ordinance Recodification meeting Sept 24th 6:30 p.m. & October 14^th 6:30 p.m. & October 30^th 6:30 p.m. & November 7^th 6:30 p.m. with PennsValley – Public Indecency Ordinance 502 working on

3.        Personnel Committee – Bob Cannell, Chair.  Meeting Oct. 7^th 2:30 p.m.

4.      Recreation/Lake/Environment - Bob Gray, Chair 

5.        Public Safety – Paul Snyder, Chair –

6.        Street, Buildings, and Grounds – Chris Gillette, Chair –

a)      Meeting held September 30^th – Memo

7.      Committee of the Whole - Mayor Rhodes

B. Solicitor's Report:

            1.  DEP EHB Docket 2000-125- R (PADEP Order of May 9, 2000):

            2.   H. G. Gillespie Foundation – Attny Jim Marsh reviewing.

            3.  Joint Municipal Planning Commission research report in progress

C.  Manager's Report:

1.  Manager

a)  MANAGER INSTRUCTED TO:

·          House Bill 2069 – info from West Chester & 5yr study housing in Borough

·           

b)      Managers workshop – FYI

c)      Memo to Ella Pahls – Food Pantry - FYI

d)      Grant close out for Codification Grant - FYI

2.  Finance

            a)  Authorization to Approve Bills, to be paid October 7, 2002               

                 Action:  Motion to approve bills  $ 171,422.84

            b) Authorization to Approve Payrolls

Action:  Motion to approve payroll ending September 28, 2002          paid October 4, 2002 totaling  $ 49,817.41

c)      Monthly Financial Report  - 2^nd meeting of every month– FYI

d)      Advertising for 3^rd Quarter Review and Budget Workshops - FYI

3.       Personnel

a)       See confidential grievance arbitration award summary.  It is Borough policy not to discuss such personnel matters other than in Executive Session.

4.       Public Safety

a)      Emergency Management

1) Communication inventory & plan to be included in EMPlan

b)      Emergency Medical Service (EMS)

c)      EVFD

d)   Police

1)      Police Reports – 2^nd meeting of every month – FYI

2)       

d)      Employee Safety Committee

a)  Letter to Sean Singer, WWCT from Penn Prime - FYI

5.       BOCA/Code Enforcement/Planning/Zoning

a)      Monthly Report – 2^nd meeting of every month – FYI

6.      Public Works

a)      Sanitation

b)      Building & Property  

b)      Streets/Storm Sewers/Signals/Signs

1)      Monthly report – 2^nd meeting of every month – FYI

2)      October 25^th – Elm Street Flooding meeting

c)      Park & Recreation

d)      Lake  

e)      Dam 

f)       Recycling Leaves 

7.      Wastewater Collection & Treatment 

a)      Letter to JP Morgan Trust – FYI

b)      Washington Township surcharge reconciled @ $10,728.47.  Payment received October 3^rd  from Washington Township subsequent to their Council meeting of October 1, 2002.

                        8.   Water System

            a)  Monthly Report – 2^nd meeting of every month – FYI

            b)  Well capacity analysis – awaiting report from Moody

            c)  Meter/Back-flow non-compliance rate:  # 100   6.5%

9.   Community Development/Project Coordination

            a) Monthly Report – 2^nd meeting of every month – FYI

            b)  Resolution 7-2002 – adjusting CDBG allocations

  D.      Community Liaisons

1.        Cable TV  -  Bob Gray                                  8.  GEAR – Bob Gray

2.        Chamber of Commerce - Mary Ann Horne              9. Authority – Jean Davis

3.        Environmental Shade Tree Advisory Committee – Mary Ann Horne & Jean Davis

4.        Erie County Borough - Bob Cannell                        10. Pension Com – Paul Snyder

5.       Erie County Planning Liaison - Chris Gillette          11. EUP Admin – Mayor Rhodes

6.        EVFD Board Liaison - Mayor Rhodes                      12.  Town-Gown-LCB – Mary Ann

7.        PLCM Campus Community - Chris Gillette, Delegate; Bob Cannell, Alternate

8.      Washington Township Liaison - Jean Davis – Meeting held with Jean Davis & Daniel McLaughlin & Washington Township representatives 

E.        Other Old Business

1.       

VI        Communications

A.      Letter to Washington Township Sept 27^th regarding park project – FYI

B.      Erie County Association of Boroughs meeting October 16^th

C.       

VII      New Business

A.      

VIII      Special Reports

IX       Adjournment

REMINDERS:

Finance Committee Meeting  Monday's 1:30 p.m.

Authority Meeting              Monday, October 7, 2002  5:00 p.m.

Personnel Committee  October 7^th 2:30 p.m.

Ordinance Review Committee Sept. 24th  6:30p.m. & Oct. 14^th & October 30^th 6:30 p.m. Codification & Indecency Ordinance

Ordinance Review Committee  November 7^th 6:30 p.m. – Codification with PennsValley lawyer

Edinboro University of PA Homecoming 2002 – October 12, 2002

Negotiating Committee – Non Uniform – October 29^th 10am – 1 p.m.

University Network meeting November 21^st Millersville University.

Special Refuse/Recycling pickups in Borough December 11^th Wednesday and Friday December 13^th for close of college semester.

2002 Council Meeting Schedule: 

Oct. 21, Nov. 4, Nov. 18, & Dec 2 at 7:00 p.m.; and December 16 @4.30 p.m.

8.                  review Management recommendation to sell 1990 Chevy, 1995 Chevy, and 1998 Ford and purchase budgeted police car when appropriate to order.

Mill Street and Short Street CDBG project - motion to award

                bid to Norus Cross and Company, Meadville.  Total bid price 

                                        $74,068.50. 7/22/02   Sidewalks, pavers, curbs

Special Pickups for Refuse/Recycling – December 11^th & 13^th