HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
December 22, 2003
Call to Order:
The following Council members were present: H. Robert Cannell, Jean Davis, Robert Gray, Mary Ann Horne, Paul. Snyder, and Mayor Caroline Rhodes. Members absent were Christopher Gillette. Also in attendance was Manager E.R. “Buck” McFadden; and Marie Lander, Assistant to the Manager. Guests present were Bob Cogan, John Weibert, and Jen Duda.
Mayor Rhodes introduced the minutes from the regular Council meeting held December 8, 2003. Robert Gray moved for approval of the minutes and Mary Ann Horne seconded. H. Robert Cannell questioned the wording of his comments on page 4. The minutes were approved by a voice vote of 5-0-1 with Paul Snyder abstaining.
Mayor Caroline Rhodes welcomed visitors and asked if anyone was interested in speaking to Council.
Bob Cogan, 311 Waterford Street. Mr. Cogan informed Council he was working on a strategy to reduce the Borough’s fine of $300,000 and would like to discuss it with them. He also stated he was trying to get all sides of the story by talking with the Township, Orr Brothers, and DEP if possible. Mayor Rhodes stated since he was elected Councilman to be sworn in January 5, 2004 she invited him to attend the executive session she was calling after this meeting to discuss the Court case regarding DEP.
Mayor Caroline Rhodes moved on to old business.
Committee Reports:
Finance Committee: Chairman Mary Ann Horne – She reported they had questions on the dog kennel that they were not happy with the purchase. Manager McFadden stated the old one did not fit into the new vehicle and they had notices out to other municipalities and the people where they purchased the dog about having the cage available if needed by someone else. The original one was purchased with the grant. Jean Davis asked if since the K-9 is used through out the County for the District Attorney’s office maybe they could see way to provide us with a stipend. Manager McFadden stated he would look into this.
Ordinance Review Committee: Chairman Jean Davis reported they met to finish up the codification with the Manager and will be sent out before the end of the year. She also reported that the Public Indecency Ordinance 502 was being advertised and sent to the Planning commission for review.
Personnel Committee: Chairman H. Robert Cannell stated the committee met regarding personnel matter and asked to discuss it in the executive session.
Recreation/Lake/Environment: Chairman Mary Ann Horne –nothing to report.
Public Safety Committee: Chairman Paul Snyder –nothing to report.
Streets, Buildings, & Grounds Committee: Chairman Chris Gillette. Paul Snyder asked if the 4 way light after midnight could be changed to all red instead of yellow on Route 99/Route 6N.
Committee of the Whole – Mayor Rhodes nothing to report.
DEP EHB Docket 2000-125-R – Petition for review to Commonwealth Court of PA; DEP letter of December 16 regarding ban on sewerage connections; DEP letter to Dave Zamierowski regarding ban; DEP letter of December 16 regarding assessment of civil penalty; Affidavits in support; and Docketing Statement and Statement of Issues with Certificate of Service as filed by Attorney Marsh were all available for review. Mayor Rhodes stated they would have an executive session to discuss the materials received including the draft public information release prepared by Manager McFadden.
Nothing new on the Bulk water agreement with Washington Township and the Borough of Edinboro v. City of Erie.
Christopher Gillette arrived at 4:50 p.m.
MANAGER:
Manager McFadden reported that item “a & b” would be taken care of Tuesday & Wednesday while “c” was done and “d & e” were drafted and “f” would be taken from the public release draft.
Also available was Resolution regarding SSHE University Economic Impact Study for action.
Home Rule Borough of Edinboro
Resolution 15-2003
SSHE University Economic Impact Study
WHEREAS, The Home Rule Borough of Edinboro has been working with other communities that host Pennsylvania State System of Higher Education (SSHE) Universities to determine the economic impact of hosting the educational institution, and;
WHEREAS, it has been determined that the best method to measure the municipal economic impact of hosting a SSHE University is to have an objective study prepared by an independent consultant, and:
WHEREAS, the Pennsylvania Economy League has been selected to perform the economic impact study and to evaluate opportunities for intergovernmental cooperation efforts that could mitigate any possible negative economic impacts, and;
WHEREAS, other SSHE University host municipalities will also participate in this study, and;
WHEREAS, the Pennsylvania Department of Community and Economic Development has been requested to fund a portion of the study cost which is projected to total $24,949.00 for each community.
NOW, THEREFORE BE IT RESOLVED, this 22nd day of December, 2003, by the Council of the Home Rule Borough of Edinboro to support the SSHE University Economic Impact Study and to assure provision of the local match required to finance the project up to fifty (50) percent of the total cost to Edinboro, not to exceed $12,500.00.
Signed and Sealed this 22nd day of December, 2003
Jean Davis motioned and Paul Snyder seconded the acceptance of Resolution 15-2003. The motion passed by 7-0 roll call vote: Paul Snyder, yes; Robert Gray, yes; H. Robert cannel, yes; Jean Davis, yes; Mary Ann Horne, yes; Christopher A. Gillette, yes; and Mayor Caroline Rhodes, yes.
Also in the Manager’s section was a fax from PLCM regarding HB2201 which the Manager had taken over to Rep. John Evans office prior to the vote. This bill is an amendment to OPT tax using same tax base. Presently maximum $10 which is shared with the school district and the new would be maximum $50 retained by the Borough which would net approximately $225,000 to the Borough.
Mayor Caroline Rhodes introduced the bills for payment. Jean Davis moved approval of the submitted bills totaling $ 56,110.98 and Mary Ann Horne seconded. With no objections the motion to approve bills passed by 7-0 voice vote.
Mayor Rhodes proceeded in acceptance of the payroll as submitted for the period ending December 6, 2003 and paid December 12, 2003 totaling $56,348.32. Jean Davis motioned approval of the payroll and Mary Ann Horne seconded. The motion approving the payroll and overtime passed unanimously by voice vote 7-0.
Final reading of Ordinance 515 setting millage for 2004 was read by Mayor Rhodes as follows:
HOME RULE BOROUGH OF EDINBORO
TAX LEVY ORDINANCE NO 515
AN ORDINANCE OF THE Home Rule Borough of Edinboro, County of Erie, Commonwealth of Pennsylvania, fixing the tax rate for the year 2004.
BE IT ORDAINED AND ENACTED, and it is hereby ordained and enacted by the Council of the Home Rule Borough of Edinboro that a tax be and the same is hereby levied on all real property within the Borough as follows: Tax rate for general purposes, the sum of 1.868 mills on each dollar of assessed valuation and 0.432 mills for special purpose – pensions on each dollar of assessed valuation for a total of 2.30 mills.
The same being summarized in tabular form as follows:
Mills on Each
Dollar of
Assessed
Valuation
Tax Rate for General Purposes 1.868 Mills
Tax Rate for Special Purpose-Pensions 0.432 Mills
TOTAL 2.30 Mills
That any ordinance, or part of ordinance, conflicting with this ordinance be and the same is hereby repealed insofar as the same affects this ordinance.
Adopted the 22nd of December, A.D. 2003.
Jean Davis motioned and Mary Ann Horne seconded adoption of Ordinance 515 setting millage for 2004. Jean Davis noted that the 1.868 mills was a reduction in the general purpose budget down from 2.05 mills. The Council reduced the budget for the running of the Borough. The other portion is a tax to raise $69,000 for the minimum municipal obligation for the pension fund of 0.432 mills which the Council hopes after a 2 year period this portion can be reduced or eliminated. Motion passed by 7-0 roll call vote: Robert Gray, yes; H. Robert Cannell, yes; Jean Davis, yes; Mary Ann Horne, yes; Paul Snyder, yes; Christopher A. Gillette, yes; and Mayor Caroline Rhodes, yes.
Mayor Rhodes went on to introduce Resolution 16-2003 adopting the budget for 2004:
Home Rule Borough of Edinboro
RESOLUTION NO 16-2003
A RESOLUTION OF THE Home Rule Borough of Edinboro in the County of Erie, Commonwealth of Pennsylvania, appropriating sums estimated to be required for the purposes of the municipal government, hereinafter set forth, during the year 2004.
BE IT RESOLVED AND ENACTED, and it is hereby resolved by the Council of the Home Rule Borough of Edinboro, County of Erie, Commonwealth of Pennsylvania:
SECTION 1. That for the expenditures and expenses of the fiscal year 2004 the following amounts are hereby appropriated from the fund equities, revenues, and other financing sources available for the year 2004 for the purposes set forth on the following pages.
SECTION 2. That any Resolution conflicting with this Resolution be and the same is hereby repealed insofar as the same affects this Resolution.
All Funds Equity January 1, 2004 $ 4,289,608
Total Revenues 5,344,483
Total Available for Appropriations 9,634,091
Total Expenditures 5,627,513
Equity – December 31 4,006,578
Assets - December 31 4,808,041
Plus Accounts Receivables Dec 31 531,599
Less Liabilities - December 31 1,098,883
Less Reserves - December 31 4,002,162
Unappropriated Fund Equity 54,408
Total Appropriated and Unappropriated 5,681,921
BE IT RESOLVED AND ENACTED THIS 22nd DAY OF DECEMBER, 2003
Jean Davis motioned and Mary Ann Horne seconded to accept resolution 16-2003 to adopt budget for 2004. Motion passed by 7-0 roll call vote: Robert Gray, yes; H. Robert Cannell, yes; Jean Davis, yes; Mary Ann Horne, yes; Paul Snyder, yes; Christopher A. Gillette, yes; and Mayor Caroline Rhodes, yes.
Paul Snyder asked the Manager about the Erie’s budget passed with two 1 million entries stating they were asking surrounding communities for the funds. Manager McFadden stated that we have no funds in our budget allotted to Erie. The first million they are suppose to ask for regional asset costs such as for the zoo from surrounding areas, but we have not heard from them. The second is an EIT assumption they believe will come from the county for several years. These are plug numbers by the City.
POLICE:
Police report showed 76% incidents had cleared as well as a lengthy K-9 report.
BOCA CODE/PLANNING/ZONING:
Dave Zamierowski, Code Enforcement Office was present to review his report with Council. He asked council to sign the preliminary drawings of Our Lady of the Lake parish to assure the Architect and the Our Lady of the Lake Church of the Borough’s conceptual approval regarding storm water. He mentioned the engineers request for size of pipe for storm water to our existing storm sewer location to verify the correct flow capacity. Manager McFadden suggested waiting until next meeting. He also noted that Bob Crowner of King Architects would be giving a cost estimate for his consulting work on the Zoning Ordinance revision regarding commercial zone restrictions.
Mr. Zamierowski presented a letter from Zoning Hearing Board requesting advertisement in Erie Times instead of Meadville Tribune. A cost analysis was also presented and discussion followed. Paul Snyder motioned to increase the Zoning Hearing Board hearing deposit to $350 to cover costs to Borough and to reimburse excess over actual expenses for the hearing to the applicants. Mary Ann Hone seconded the motion and it passed by 6-0-1 vote with Mayor Caroline Rhodes abstaining. This would be added to the fee schedule for 2004 in January. The Zoning Hearing Board would be allowed to advertise in the Erie Times as long as deposit covered all hearing expenses.
PUBLIC WORKS:
Public Works Director Tom Schruers report was available for review. Mayor Rhodes stated that the Xmas lights looked very nice this year. It was noted that the program sponsored by the Chambers for the Festival of Lights which included a parade and concert was not advertised adequately.
COMMUNITY DEVELOPMENT/PROJECT COORDINATION:
Monthly report was available for review. Mary Ann Horne commented that she was surprised that Vicki Coffin had checked with CDBG for funding toward the K-9. Manager McFadden was asked to search further for grants and he agreed to try John Evans office.
Jean Davis asked for the procedure used by the architect in coming up with the fee for the bathhouse at $8,800. Manager McFadden stated it is usually a percentage of the project but he would check with the architect.
Community Liaisons:
Cable TV Liaison - Copy of letter sent out to customers was available for Council’s review from COAX Cable Television Corp.
Paul Snyder asked who runs the Channel 3. Manager McFadden stated we still have control but we made it available to the community group to utilize for government and education access. Chris Lovell of COAX would like to formalize this for the beginning of 2004. Where is the type set and music added? Manager McFadden stated we send forms to them and they input the information. Robert Gray mentioned that the stop sign notice states Route 61 not Route 6N. Manager McFadden stated that the beginning and end dates are on the forms.
Watershed Association Liaison - Mayor Caroline Rhodes reported minutes from November meeting were available for review. She also reported that a memo from her was on Council’s desks for action at the reorganization meeting. She was resigning the end of January after Council member is appointed by the Mayor to fill the position. She would stay on to January 31, 2004 to help with the transition since she was present during the Associations first year of 2003.
Other Old Business:
Communications:
New Business:
H. Robert Cannell requested the Manager let the Kiwanis know the number of benches needed since they were starting to get requests to purchase the benches.
Jean Davis as in tradition honored the retiring Council members. Paul Snyder and Robert Gray were presented with a framed canoe club picture as a small token from Council for all their work over the past 4 years. For the approximately 30 years of service by Caroline Rhodes a tree would be planted in her honor in the spring. Mayor Caroline Rhodes has served from 1976 to 2003 and was Deputy Mayor 1987-1990 and 1992-2001 and Mayor 2002-2003. Mayor Rhodes thanked all members of Council. She stated it had been an eventful year and they had all worked hard and all efforts where for the good of the Borough. H. Robert Cannell motioned and Mary Ann Horne seconded a thank you to each of the departing Councilmen.
EXECUTIVE SESSION:
Being no further business, Mayor Rhodes asked for adjournment to executive session to discuss the Solicitors Section and personnel matter at 5:45 p.m.
Council returned at 6:50 p.m. and stated they discuss personnel matter and sewer appeal at length with no action on it.
H. Robert Cannell motioned to present the report of the Personnel Committee of December 10, 2003 regarding the Manager’s review to the Manager. Paul Snyder seconded the motion and it passed by 5-0 voice vote. Jean Davis and Robert Gray were not present in the chambers at time of the vote.
Paul Snyder motioned for adjournment and the meeting was adjourned at 7:00 p.m.
ATTEST:
__________________________ _____________________________
Manager E.R. Buck McFadden Mayor H. Robert Cannell
HIGHLIGHTS
December 22, 2003
· Payment of bills
· Payment of payroll
· Ordinance 515 - tax rate 2004
· Resolution 16-2003 2004 Budget
· Resolution 15-2003 – SSHE contribution
· Increase to $350 deposit for ZHB hearings – to pay for actual expenses of hearing and reimburse for any balance
· Allow ZHB to advertise in Erie Times as long as deposit covers expenses
· Tree in honor of Mayor Rhodes
· Presented Pictures of Canoe Club to Robert Gray & Paul Snyder
POSTPONED
· Indecency Ordinance 502 – Planning Commission
· Grease Ordinance – Ordinance Review Committee
· Codification – Manager working on Admin Section
· News Release & Letters to residents on EHB
· Building renovations; bathhouse; storm sewers – Building, Streets, & Grounds Committee
·
UPCOMING MEETINGS:
· Building, Streets, & Grounds – Storm sewers, building renovations
· Ordinance Review Committee - (Indecency Ordinance & Sign Ordinance & Grease Ordinance) –Indecency Ordinance Advertised for action Jan & Feb 2004
· Finance Committee – Monday’s 1:30 p.m.
· Authority Meeting – January 12, 2004 5 p.m.
· CDBG Hearing January 26, 2004 6:45 p.m.
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
December 22, 2003
4:30 P.M. Council Meeting
I. Call to Order of Council Meeting by Mayor
II. Roll Call: Christopher Gillette ___, Robert Gray ____, Jean Davis ____, H. Robert Cannell _____, Mary Ann Horne ____, Paul Snyder ____, Mayor Caroline Rhodes ___, Manager McFadden ____, Solicitor Marsh __
III. Approval of Minutes:
· Minutes of Regularly Scheduled Meeting December 8, 2003.
Action: Motion to approve minutes
IV Persons Requesting Time to Address Council
1. Finance Committee - Mary Ann Horne, Chairperson
2. Ordinance Review Committee - Jean Davis, Chairperson – Codification, Grease Ordinance, Sign Ordinance and Public Indecency Ordinance 502 are still in committee
3. Personnel Committee – Bob Cannell, Chairperson
4. Recreation/Lake/Environment – Mary Ann Horne, Chairperson
5. Public Safety – Paul Snyder, Chairperson
6. Street, Buildings, and Grounds – Chris Gillette, Chairperson –
7. Committee of the Whole - Mayor Rhodes
B. Solicitor's Report:
1. DEP EHB Docket 2000-125- R (PADEP Order of May 9, 2000) – Appealing decision
a) Petition for Review to Commonwealth Court of PA
b) DEP letter of December 16, 2003 regarding ban on sewerage connections
c) DEP letter to Dave Zamierowski regarding ban on all connections to Edinboro’s sewerage conveyance system
d) DEP letter of December 16, 2003 regarding assessment of civil penalty
e) Affidavits in support
f) Public Information release – December 19, 2003-DRAFT
2. Bulk Water agreement with Washington Township – no new information
3. Borough of Edinboro v. City of Erie - Nothing new to report
C. Manager's Report:
1.A)- Manager instructed to:
a) get changes to Penns Valley from meeting with Ordinance Review regarding admin section of recodification
b) add EUP calls to EVFD data 1999-2003
c) Ordinance 502 Public Indecency Ordinance – Draft Ordinance & copy of advertisement – sent to planning commission for action in 2004
d) Letter to Washington Township regarding bulk water agreement
e) Letter to Western Conservancy regarding being supportive of creation of Coho Park Lake Erie
f) Letter to residents about EHB decision etc.
1B) Resolution regarding SSHE University Economic Impact Study – ACTION: Resolution 15-2003
1 C) PLCM fax - FYI
2. Finance
a) Authorization to approve bills to be paid
Action: Motion to approve bills totaling $56,110.98
b) Authorization to approve payroll
Action: Motion to approve payroll ending December 6, 2003, paid December 12, 2003, totaling $56,348.32
c) Third & FINAL reading of Ordinance 515 setting millage ACTION: vote
d) Final Reading of Resolution 16-2003 adoption of budget for 2004 ACTION: Vote
3. Personnel
a)
4 Public Safety
a) Emergency Management
b) Emergency Medical Service (EMS)
c) EVFD
d) Police – Monthly Report
e.) Employee Safety Committee –.
5. BOCA Code/Planning/Zoning - Monthly Report
6. Public Works – Monthly Report
a) Sanitation
b) Building & Property
c) Streets/Storm Sewers/Signals/Signs
d) Park & Recreation
e) Lake
f) Dam
g) Recycling Leaves - Finished for 2003 December 2nd
7. Wastewater Collection & Treatment
8. Water System – Monthly Report
9. Community Development/Project Coordination
D. Community Liaisons
1. Cable TV - Bob Gray Letter regarding new rates - FYI
2. Chamber of Commerce - Mary Ann Horne
3. Environmental Shade Tree Advisory Committee – Mary Ann Horne
4. Erie County Borough – Paul Snyder
5. Erie County Planning Liaison - Chris Gillette
6. EVFD Board Liaison – Bob Cannell
7. PLCM Campus Community – Bob Cannell, Delegate; Chris Gillette, Alternate
8. Washington Township Liaison - Jean Davis
9. GEAR – Bob Gray
10. Authority – Jean Davis
11. Pension Committee – Paul Snyder
12. EUP Administration – Mayor Rhodes
13. Local Group Liaison – Mary Ann
14. Watershed Association – Caroline Rhodes - Minutes from Nov Meeting
15. Joint Municipal Planning – Chris Gillette
16. Library Steering Committee – H. Robert Cannell
Other Old Business –
VII. New Business
VIII. Adjournment
REMINDERS:
Finance Committee Meeting December 8 1:30 p.m.
Next Authority Meeting January 12th, 2004 5 p.m.
Re organizational Meeting & Regular Council Meeting -Monday, January 5, 2004-7 P.M.
2004 Council Meeting Schedule:
January 5, January 26, February 9, February 23, March 8, March 22, April 12, April 26, May 10, May 24, June 14, June 28, July 12, July 26, August 9, August 23, September 13, September 27, October 11, October 25, November 8, November 22, December 6 at 7:00 P.M.
and December 20 at 4:30 P.M.