Home Rule Borough of Edinboro

FFY2004 Community Development Block Grant

Public Hearing

Public Hearing was called to order by Mayor H. Robert Cannell at 6:45 p.m. on January 26, 2004.

Purpose of hearing is to review CDBG Program for 2004. This hearing was advertised in the Meadville Tribune on January 19, 2004 with final synopsis. A draft application is available for public inspection from March 8, 2004 until 1 p.m. on March 22, 2004 in the Borough office.

Mayor Cannell read the Public Notice:

“PUBLIC NOTICE

BOROUGH OF EDINBORO

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

FFY 2004

FINAL SYNOPSIS

The Borough of Edinboro intends to submit an application to the Pennsylvania Department of Community and Economic Development (DCED) for FFY 2004 Community Development Block Grant (CDBG) funds in the amount of approximately $128,441 for the following proposed activity:

Public Facilities and Improvements: Phase IV and V Central Business District Revitalization - $128,441

At this time, DCED has not notified the Borough of Edinboro of the exact amount of the allocation it will receive.

No displacement of families or individuals will be involved. The above proposed activity was selected after a Public Hearing was held on October 27, 2003 at the Borough of Edinboro Municipal Building to identify the Borough of Edinboro's needs, particularly for low and moderate income families and individuals. Citizen input into the Three-Year Community Development Plan was also invited at the first Public Hearing.

A second Public Hearing will be held on January 26, 2004 beginning at 6:45 P.M., prevailing time, at the Borough of Edinboro Municipal Building. The purpose of the hearing is to review and discuss the above-proposed activity selected by the Board of Edinboro Borough Council for funding in part or totally with FFY 2004 CDBG funds.

If you are a person with a disability and wish to attend the hearing scheduled for January 26, 2004, and require an auxiliary aid, service or other accommodation to participate in the proceedings, please contact E. R. McFadden at (814) 734-1812 to discuss how the Borough of Edinboro may best accommodate your needs.

The Borough of Edinboro has established a goal of 5% ($6,316) for minimum participation by Minority Business Enterprise and 3% ($3,788) for Women Business Enterprise.

The Borough of Edinboro's FFY 2004 CDBG Application will be considered for final approval by the Board of Edinboro Borough Council at a regular meeting beginning at 7:00 P.M, prevailing time, on March 22, 2004, at the Borough of Edinboro Municipal Building.

Interested citizens may examine a draft copy of the Borough of Edinboro's CDBG Application between March 8, 2004 and March 22, 2004 at the Borough of Edinboro Municipal Building during normal working hours (8:00 AM - 4:00 PM, prevailing time) on weekdays except holidays. Comments will be accepted until 1:00 P.M. on March 22, 2004.

The FFY 2004 CDBG Application is due April 16, 2004 and will be submitted to DCED no later than April 16, 2004.”

Mayor H. Robert Cannell opened the meeting up for public comments and questions.

Clifford Allen wanted to make sure that the infrastructure of the Borough was taken care of before cosmetic work was done.

Jean Davis stated that the last infrastructure done by CDBG was approximately $86,000 toward generators at lift stations. At that time it was felt by Council that Water and WWCT departments should cover their expenses with rates and use CDBG for work we could not afford otherwise. The projects planned are the Central Business District – Downtown Revitalization projects Phase IV and V. One is from 6N and Route 99 intersection west to the far side of the outlet bridge and the other is from 6N and Route 99 intersection east to the far edge of Copper Coin lot. Plantings, pavers or paver likes, curbs, and sidewalks, but no street lighting will be included in the project.

Mary Ann Horne moved adoption of FFY2004 CDBG application at the March 22, 2004 Council Meeting and Robert Cogan seconded. With no objections the motion passed by 7-0 voice vote. .

Being no further input the hearing was adjourned at 7:00 p.m. by Jean Davis.

ATTEST:

__________________________________ _________________________________

E.R. McFadden, Manager Mayor H. Robert Cannell

HOME RULE BOROUGH OF EDINBORO

COUNCIL MEETING MINUTES

January 26, 2004

Call to Order:

Monday, January 26, 2004, regularly scheduled meeting was called to order by Mayor H. Robert Cannell at 7:00 p.m.

Roll Call:

The following Council members were present: Clifford Allen, Bob Cogan, Christopher A. Gillette, Mary Ann Horne, Greg Lucas, Jean Davis, and Mayor H. Robert Cannell. Also in attendance was Dave Zamierowski, Code Enforcement Office; and Marie Lander, Assistant to the Manager. Guests present were Frank Stefano, William Kearns, Michael Ashby, Rita Arghyron, Justin Lipscomb, James Pruveadenti, Joseph Towell, Michael Kinzig, Rev. John Jacquel, Jen Duda, Jon Foulkrod, Nancy Crawford, Eric Rinz, Rick McLaughlin, Dan Corabill, Kelli Gamola, Jayne Kubchinski, Chris Boyle, Graham Thomas, Michael Bucell, Bill Partridge, and Bridget Jeffery.

Minutes:

Mayor Cannell introduced the minutes from the reorganization meeting held January 5, 2004. Jean Davis moved and Mary Ann Horne seconded the adoption of January 5, 2004 reorganization minutes. Being no objections the motion passed by 7-0 voice vote. Jean Davis moved for approval of the minutes of the regularly scheduled meeting of January 5, 2004 and Mary Ann Horne seconded. The minutes were approved by voice vote of 7-0.

Public Participation:

William Kearns, 104 Sherwood Drive. Mr. Kearns stated that in the January 17^th newspaper it looked hopeful that State DEP was moving closer on the deadlock over the sewer treatment facilities with the Borough. He was present tonight to see if any movement had come about. Mayor Cannell stated that DEP had communicated several times with Council and Council has had discussion at length with Counsel Ritchie Marsh. We feel DEP lists things in the consent order that we can’t consent to. Presently our case is going to Commonwealth Court and tomorrow in Harrisburg. We agree to several conditions but it is not doing justice to our citizens and residents to have us sign the consent order. This is a serious problem and we are going to give our side in court. Mayor Cannell stated he received a fax from DEP on Friday and he spoke to the Solicitor and Manager but DEP didn’t clarify items as we did a last ditch effort to get concessions by DEP. DEP has given some but they still want to limit what we can do. DEP did concede that we are not hydraulically overloaded and never had any. Mary Ann Horne added that Council requested 30 days extension to further discuss this with DEP, but DEP didn’t agree to extension without the Borough signing the Consent Order. Mr. Kearns asked if they eliminated the hydraulic overload then does that mean there is no BAN. He went on to say he was there as a private citizen objecting to paying fines and penalties and also as a representative of Our Lady of the Lake Church who is working forward to a new worship site. He was aware of the Maple Drive restrictions but he had received a letter from Manager McFadden awhile back that they could move on if they connected via Sunset to Chestnut. Recently he had heard that no permits were allowed. Mayor H. Robert Cannell stated that if they signed the consent order they would of received only 10 EDUs for the whole year and that was not enough for even the church. Robert Cogan went on to say that the Consent Order of DEP required $30,000 civil penalty that we thought was unjust and it limited us to 10 EDU’s when the church required more. Technically if you can proceed or not is a solicitor question. It maybe possible, while pending appeal, and Mr. Cogan went on to say he wished the Manager and Solicitor where present to answer the question but they needed to be in Harrisburg Tuesday morning. We will try and find the answer from the solicitor and get back to Mr. Kearns as soon as possible. Jean Davis stated that DEP said not hydraulically overloaded but still put Ban on anyways. Mayor Cannell stated he was in contact with DEP daily and they would get back to Mr. Kearns with information to help them move forward.

No other persons requested time to speak so the Mayor moved on to old business.

OLD BUSINESS:

Committee Reports:

Mary Ann Horne reported that the Finance Committee met prior to this meeting and would meet at 6:30 p.m. prior to each Council meeting.

Jean Davis requested a meeting of the Ordinance Review Committee for February 2, 2004 at 1 p.m. to review the Public Indecency Ordinance 502 regarding the Planning Commission recommendations. They postponed discussion on the ordinance until the adjustments were compiled.

Mayor Cannell moved on to Solicitor Report.

Solicitor's Report:

It was noted that executive sessions where held regarding DEP EHB Docket 2000-125-R and appeals on January 6^th and 9^th with DEP and January 12^th and January 21^st with the Solicitor and Municipal Authority Board.

Mr. Kearns asked how long it would be before a decision from the hearing in Harrisburg. It was noted that the solicitor had thought it might be a month before a decision which was a hearing on fines and the BAN.

Regarding Borough of Edinboro v. City of Erie, Robert Cogan asked if the Borough had any business with Mr. Herron who was in the news. Jean Davis stated no.

Managers Report:

MANAGER:

Manager McFadden was not present. Mayor H. Robert Cannell asked if anyone had questions on the manager’s section. He asked Chris Gillette if he knew how the architect fee for the bathhouse project was figured. Chris thought it would be percentage of project but it could be flat fee for that type of job. Mayor Cannell stated that the K-9 report showed that the K-9 was used outside the Borough for schools, groups and assistance in the County and was hoping they could receive monetary assistance from the County. Clifford Allen stated he was looking for the Manager’s direction on the no left turn signage on Mill Street to find out why it was posted and if it was necessary.

FINANCE:

Mayor Cannell introduced the bills for payment. Mary Ann Horne moved approval of the submitted bills totaling $ 99,378.83 and Jean Davis seconded. With no objections it passed by 7-0 voice vote.

Mayor Cannell proceeded in acceptance of the payroll as submitted for the period ending January 3, 2004 and paid January 9, 2004 totaling $57,559.68 and payroll ending January 17, 2004 paid January 23, 2004, totaling $51,135.17. Mary Ann Horne motioned approval of the payroll and Jean Davis seconded. The motion approving the payrolls, overtime reports, and supplemental time sheets passed unanimously by voice vote 7-0.

Jean Davis moved acceptance to Resolution No. 3-2004 which she read as follows:

Home Rule Borough of Edinboro

Resolution No. 3-2004

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 26th day of January, 2004 in accordance with the above cited Municipal Records Manual, hereby authorizes the disposition of the following public records:

Finance Office:

DATES: prior 1997

Ethics Commission Statements of Financial Interest

Insurance claims and policies Survey of financial condition

Treasurer Bond Certificates Job Announcements

Workers Compensation records Reality Transfer records

Civil Service examination records and answer sheets

Recommendations of Civil Service Applicants for appointments

Time Cards Public Utility Realty Reports

Earned Income Tax ledgers/journals/forms/receipts

Bills/invoices Accounts payable files & ledgers

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

Bank reconciliations Check registers

DATES: prior 1994

Proof of publications Press releases

Mary Ann Horne seconded the motion and passed unanimously by the following roll call vote: Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, yes; Mary Ann Horne, yes; Gregory Lucas, yes; Clifford Allen, yes; and Mayor H. Robert Cannell, yes.

POLICE:

Police and K-9 Monthly Reports were available for review. Mayor Cannell stated he compared 2002 to 2003 and crime was down 3% and arrest down 150 but parking tickets where up.

BOCA Code/PLANNING/ZONING:

Dave Zamierowski’s report was available for review. Dave Zamierowski asked Council to sign the preliminary plans of Our Lady of the Lake Church agreeing to the concept of number of parking spaces, set backs, down stream storm water conveyance which will be corrected in the final plan per discussion with our Engineer. With no objections the Council agreed to sign the plans to assure the architect that the Borough agrees on the conceptual plans.

Recommendations on the Nuisance Ordinance from the Planning & Zoning Commission were also enclosed.

Proposal from Crowner * King Architects was in the packets for review. After much discussion Council agreed to have work plans for the architects be toned down to maybe only include information on windows, setbacks, and facing the street. All information should also be sent through the Building, Streets, & Grounds Committee.

Public Notice of Zoning Hearing Board meeting February 4^th was available.

PUBLIC WORKS:

Report showed plowed snow.

COMMUNITY DEVELOPMENT /PROJECT COORDINATION:

Report was available for review. Jean Davis requested that since the water meter was installed at the Fire Department that a mock bill with costs and usage each billing period be given to the Finance Committee for review.

COMMUNITY LIAISONS:

Mary Ann Horne reported that the Chamber of Commerce would meet February 12^th at the Alumni House at 7 p.m. and Council would be invited.

Robert Cogan was unable to attend the Erie County Borough’s January meeting because of executive session but was interested in finding out the dates of upcoming meetings.

EVFD Board Liaison Robert Cogan was informed by Mayor Cannell that they meet the first Sunday of each month at 7 p.m.

December 16, 2003 Watershed Association minutes where in the packets for review and their next meeting is scheduled for Wednesday January 28^th at 3 p.m.

Jean Davis reported that Washington Township met last Tuesday and they were cameraing and doing I & I of their system. Washington Township Council voted to send us a letter to request a meeting to discuss a sewer agreement. Jean Davis felt Council should do this, but would present this as a motion after they receive the letter.

Authorities met last Monday and Jean Davis reported they discussed security and DEP situation which they are in complete agreement to carry the appeal through.

Mayor Cannell asked if a letter could be sent to EUP regarding the outstanding football 2003 season. Jean Davis moved to send a letter of congratulations to the EUP football team for their 2003 season from Council and Robert Cogan second. With no objections the motion passed by 7-0 voice vote.

Communications:

Letter from Edinboro Area Historical Society thanking Council for the use of the Borough Council Chamber for their meetings was received.

Pennsylvania State Association of Boroughs “Newly Elected Borough Officials Training” information was available. Any Council members interested where to contact the Manager.

E-mail from an annoyed taxpayer was available for review regarding their feelings as a tax payer in Edinboro.

NEW BUSINESS:

Letter of resignation from Greg Lessig was received. Advertising for the opening on the Authorities was approved.

Notice on the agenda that opening on the Civil Service Commission was discussed. Mr. Robert Cogan stated that he could legally be on the Civil Service Commission and also is a member of Council and would like to stay on. Mayor Cannell stated if he wished to remain on the committee there was no problem.

Marie Lander, Assistant to the Manager was asked to contact Alfred Dore Jr. and Bill Stafford to see if they where still interested in the position on the Authorities and get back to the Personnel Committee.

Mayor Cannell presented Council with a list of grants available from Representative John Evan’s Office for review. He particularly asked Council to look at the three under municipal services. Mary Ann Horne asked that Vicki Coffin be given the list to look into the requirements and procedures to obtain these grants if applicable. Clifford Allen requested that they make sure no strings were attached especially in police grants.

Students from EUP that were present where thanked for attending.

Being no further business, Mayor Cannell asked for adjournment.

Adjournment:

Robert Cogan motioned for adjournment and the meeting was adjourned at 8:00 p.m.

ATTEST:

___________________________ _____________________________

Manager E.R. Buck McFadden Mayor H. Robert Cannell

HIGHLIGHTS

January 26, 2004

COUNCIL APPROVED:

· Payment of bills

· Payment of payroll

· Minutes

· Resolution 3-2004 (disposition of records)

· Signed preliminary plans of Our Lady of the Lake church

POSTPONED

· Indecency Ordinance 502 – Ordinance Review Committee- Hearing Jan 26 & Action Feb 9—Meeting Feb 4^th 1 p.m.

UPCOMING MEETINGS:

· Ordinance Review Committee - (Indecency Ordinance; Sign Ordinance & Codification) – Feb 4^th 1 p.m.

· Finance Committee – 6 :30 p.m. on Council meeting nights

MANAGER INSTRUCTED TO:

· Check with Solicitor on status of BAN and if Our Lady of the lake Church can go forward with their plans for the spring – Let church and Bill Kearns know.

· Have Vicki get information on grants – if we qualify, any restrictions, amount of funding, and if matching

· Dave Z. to tone down work by Crowner * King Architects and to work with Building, Streets, & Grounds Committing regarding this.

· Send letter to EUP football regarding excellent 2003 season.

· Call Alfred Dore Jr. and Bill Stafford to see if still interested in position on Authorities. Advertise position and give applications to Personnel Committee.

AGENDA

BOROUGH OF EDINBORO

FFY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT

PUBLIC HEARING

January 26, 2004

6:45 P.M.

I. Call to Order

II. Purpose of Hearing

A. CDBG Program - 2004

B. Date of Publication of Notice – January 19, 2004

C. Final Synopsis - Newspaper – The Meadville Tribune

D. Draft application available for public inspection from March 8, 2004

until 1:00 PM on March 22, 2004.

III. Presentation of 2004 CDBG Program

A. Read Public Notice

IV. Proposed CDBG Projects

A. Public Facilities and Improvements:

1. Central Business District - Downtown Revitalization – Phase IV and V

V. Question/Answer Period

VI. Closing Remarks/Comments

A. Adoption of FFY 2004 CDBG Application at March 22, 2004 - 7:00 P.M. Council Meeting

B. Application Deadline is April 16, 2004

VII. Adjournment

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

January 26, 2004

6:45 p.m. CDBG Hearing

7:00 P.M. Regular Council Meeting

Call to Order of Council Meeting by Mayor Cannell

Roll Call: Clifford “Kip” Allen ____, Bob Cogan ____, Jean Davis ____, Christopher Gillette ___, Mary Ann Horne ____, Greg Lucas ___, Mayor H. Robert Cannell _______, Manager McFadden ____, Solicitor Marsh ____.

III. Approval of Minutes:

· Minutes of Reorganization Meeting January 5, 2004

· Regularly Scheduled Meeting January 5, 2004.

Action: Motion to approve minutes

IV Persons Requesting Time to Address Council

V. Old Business

A. Committee Reports –

1. Finance Committee/Pension Committee - Mary Ann Horne

2. Ordinance Review Committee –Jean Davis - Codification, Grease Ordinance, and Sign Ordinance are still in committee Public Indecency Ordinance 502 Hearing 1/26 to be voted on 2/9

3. Personnel Committee – Kip Allen

4. Recreation/Lake/Environment – Kip Allen

5. Public Safety – Chris Gillette

6. Street, Buildings, and Grounds – Chris Gillette

7. Committee of the Whole

B. Solicitor's Report:

1. DEP EHB Docket 2000-125- R (PADEP Order of May 9, 2000) – Appealing decision –Executive session held January 12 and January 21 with Solicitor & Municipal Authority Board – Met with DEP January 6^th and January 9^th –

3. Bulk Water agreement with Washington Township – no new information

4. 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) Report of recycling numbers for last three years for Council review when available.

d) Compose letter from Municipal Authority & Council with Attorney Marsh to all sewer customers regarding facts on EHB appeal.

f) See if PennDot would allow four-way Red after midnight on Rt 99/6N

g) Find out how architect came up with his fee for the bathhouse project.

h) Let Kiwanis know number of benches needed and where they would be put

i) See if DA’s office will give grant toward K-9 use in County

j) Left turn only out of Mill Street but not required by businesses in area—check on reason for sign and if needed elsewhere

k) check to see what, if any, law regarding e-mails from and/or to Council members and the Sunshine Law

1B)

2. Finance

a) Authorization to approve bills to be paid

Action: Motion to approve bills totaling $99,378.83

b) Authorization to approve payroll

Action: Motion to approve payroll ending January 3, 2004, paid January 9, 2004, totaling $57,559.68 and payroll ending January 17, 2004 paid January 23, 2004, totaling $51,135.17.

c) Disposition of records per Municipal Records Manual - Motion to approve Resolution No. 3-2004

3. Personnel

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

a) Planning & Zoning Commission recommendations on Nuisance ordinance

b) Crowner * King Architects proposal

c) Public Notice – Zoning Hearing Board February 4th

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

7. Wastewater Collection & Treatment

8. Water System – Monthly Report

9. Community Development/Project Coordination

D. Community Liaisons

1. Public Relations/Cable TV - Bob Cannell

2. Chamber of Commerce – Mary Ann Horne

3. Environmental Shade Tree Advisory Committee – Mary Ann Horne

4. Erie County Borough – Bob Cogan

5. Erie County Planning Liaison – Chris Gillette

6. EVFD Board Liaison – Bob Cogan

7. PLCM Campus Community – Bob Cannell

8. PLCM Local Group – Kip Allen

9. Washington Township Liaison – Jean Davis

10. Authority – Jean Davis

11. EUP Administration – Bob Cannell

12. Watershed Association – Mary Ann Horne (December Minutes)

13. Joint Municipal Planning – Chris Gillette

Other Old Business –

VI. Communications

A. EAHS thank you

B. Newly Elected Borough Officials training

C. E-mail from “An annoyed taxpayer”.

VII. New Business

A. Advertise Openings Civil Service Commission & Authorities

Greg Lessig’s resignation Authorities

Bob Cogan Replacement on CSC

Applications of people who interviewed

B. New grant list available from Rep. John Evan’s office - review

VIII. Adjournment

REMINDERS:

Meet with Mayor to review committee appointment January 26, 2004 6:30 p.m.

CDBG Hearing January 26, 2004 6:45 p.m.

Authority Meeting February 9^th, 2004 5 p.m.

Next Regular Council Meeting -Monday, February 9, 2004-7 P.M.

2004 Council Meeting Schedule:

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.