HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
October 11, 2004
Call to Order:
The following Council members were present: Mayor H. Robert Cannell, Clifford Allen, Mary Ann Horne, Bob Cogan, Jean Davis, Greg Lucas and Christopher Gillette. Also in attendance were: Solicitor Rich Marsh; E.R. McFadden, Borough Manager; and Marie Lander, Assistant to the Manager. Guests present were: Nancy Crawford, Jon Foulkrod of Washington Township Council, Ryan Smith of the Meadville Tribune, and Mary Hill, Erie Times-News.
Mayor Cannell introduced the minutes from the Regular Council meeting held September 27, 2004. Mary Ann Horne moved for approval of the minutes, and Robert Cogan seconded. Robert Cogan stated he had given some observations and corrections of his comments to the Assistant to the Manager earlier today, and, with those corrections made, the minutes could be approved. The minutes were approved by a voice vote of 7 – 0.
Mayor H. Robert Cannell opened the floor to anyone present interested in speaking. Because there was no one, the Mayor moved on to old business.
Committee Reports:
Finance Committee: Mary Ann Horne reported that they met this afternoon and reviewed the invoices and purchase orders and observed nothing unusual in the bills. The police overtime is going down as shown in the graph in Council’s packets. The committee was asked to review the Roth Marz past due invoice and present it to Council to find out its recommendations.
Robert Cogan moved and Jean Davis seconded to pay Roth Marz $1,429.00 for 80% of the bathhouse work. Mr. Cogan stated he objected to paying the full amount of the bill until he could see the request by the Borough to Mr. Marz since the agreement the Finance Committee saw made no mention of funding availability on the signed copy. He stated that he would like to see all correspondence leading up to this signing. Manager McFadden stated that Roth Marz was informed of the available funds even if they were not mentioned in the formalized document Mr. Cogan was discussing. If the question is whether or not he did the job, the first bid was on thoughts and desires of all involved and not reflective of the available sum, while the second bid was supposed to be toned down to what we had for available funds. Manager McFadden stated he never heard anyone say that was what the building cost, so he did his job. We all were surprised by the numbers, even the architect. Jean Davis stated that she had her house built, and the contractor told her to go pick out the cabinets. After she did, he called her up and stated that what she picked was out of the question, more than she planned to spend on the home. She felt that Roth Marz should have told the Committee that its desires were too far out. Chris Gillette added that the second bid had no frills, and, by square foot prices, he was not out of line, and he did do his job. Yes, we are not happy, but he did his job. Manager McFadden asked what they wanted from Mr. Marz. Do you want him to redesign at a possible discount price or what? Mayor Cannell asked how Mr. Marz could come so far out of line. Mr. Cogan said if no document from the Manager shows what dollars were available to the architect, it would be worth the Borough to mediate or pay the full price since the Manager signed the agreement. Solicitor Marsh stated just because it is not all in a document does not mean the terms and conditions do not mean anything. For example, if an architect says it is a two million job and they come in at five million and all over the place, you cannot blame the architect, but if he put in frills when you did not order them out, then you could. Mr. Gillette asked what the architect could do for us and could they see if he could work with us. Mr. Lucas agreed. Mr. Cogan asked that first they look to see if anything was documented about the available funds before they pay the held payment. Mr. Gillette stated that the equipment storage was a big part of the building at 20’ x 40’ and asked if storage could be made somewhere else. Mayor Cannell asked what the pleasure of Council was on this issue.
Robert Cogan moved to table the motion to pay the architect pending review of the manager’s files and discussion with the architect. The motion was seconded by Mary Ann Horne and passed by 7-0 voice vote. Jean Davis moved to authorize the Manager to negotiate with the intent to pay Roth Marz the agreed upon funds. Mary Ann Horne seconded the motion and discussion followed. Greg Lucas stated if he would not work with them, they should get all discs with the information and drawings from him. The motion passed by 7-0 voice vote.
We have also set up budget workshop dates Oct 18, Oct 20, Nov 1, Nov 15, and Nov 17 at 6:30 P.M.. These dates have been advertised.
Mary Ann Horne informed everyone that the Finance Committee reviewed the Requests for Proposals (RFP’s) for the audits of 2004-2006 and was recommending Felix and Gloekler. The difference in the two lowest bids was only $130.00 per year apart and they thought it was not advisable to change auditors for such a small dollar difference. The RFP’s received were as follows:
FIRM 2004 2005 2006
McGill Power Bell & Associates $ 7,014.00 $ 7,365.00 $ 7,732.00
Felix & Gloekler 7,500.00 7,500.00 7,500.00
Maloney, Reed, Scarpitti & Co. 14,390.00 13,000.00 13,600.00
Greg Lucas felt it was not worth the change for only $100.00. Jean Davis also noted that the hourly rate was less for the Felix & Gloekler firm. Robert Cogan added that he was not able to attend the review meeting, but he was satisfied with the review and to change auditors would be more work for the staff, and he accepted their recommendation. Greg Lucas moved, and Robert Cogan seconded to accept the RFP’s and appoint Felix & Gloekler as auditors for the FY2004-FY2006 at $7,500.00 per year. With no objections the motion passed by 6-0-1 voice vote, with Clifford Allen abstaining because of a possible conflict.
Ordinance Review Committee: Jean Davis reported that they met to review comments from the solicitor on the Public Indecency Ordinance and the Sign Ordinance. They still had a couple of questions for Solicitor Marsh and were awaiting his response. Manager McFadden would be finishing up the Administration Section of the Codification Ordinance, and the Grease Ordinance was still in rough draft waiting for finishing touches by the WWCT Superintendent.
Jean Davis moved to accept the final reading and adoption of Ordinance 518 as follows:
HOME RULE BOROUGH OF EDINBORO
ORDINANCE No. 518
AN ORDINANCE OF THE BOROUGH OF EDINBORO MAKING IT UNLAWFUL TO
SELL, CONVEY, ASSIGN, TRANSFER THE SALE, CONVEYANCE, ASSIGNMENT,
OR TRANSFER, OF ANY INTEREST IN REAL PROPERTY BY DEED, AGREEMENT
OF SALE, OR OTHERWISE, TO ANY PERSON NOT ALREADY AN OWNER THEREOF,
WITHOUT FIRST SECURING A CERTIFICATE OF INSPECTION FROM THE BOROUGH’S WASTE WATER COLLECTION AND TREATMENT AND WATER SUPERINTENDENTS CERTIFYING INSPECTION AND COMPLIANCE RELATED TO ALL OF THE CURRENT RULES AND REGULATIONS OF THE BOROUGH OF EDINBORO RELATIVE TO TAP-IN, DISCHARGE INTO, AND CONNECTION WITH
THE BOROUGH’S PUBLIC SANITARY SEWER SYSTEM AND, IF APPLICABLE,
TAP-IN, METERING AND CONNECTION WITH THE BOROUGH’S PUBLIC WATER SYSTEM.
WHEREAS, the Borough of Edinboro endeavors to improve its community, including its water and sewer resources; and
WHEREAS, it is important for the integrity of its public water and sewer systems to insure that inflow and infiltration into the public sewer system is minimized to protect the environment and provide as much capacity in the public sewer system serving its users and that the public water supply system serving its users is operating in good condition; and
WHEREAS, the transfer of property, either of possession or title, provides an opportunity for inspection of properties, including the inspection of the integrity of the connections to the public water and sewer systems as well as any improper connections to the public sewer system; and
WHEREAS, the Borough is obligated by law to minimize inflow and infiltration into the public sewer system.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Borough of Edinboro and it is herby ordained and enacted by the authority of the same as follows;
Section 1: PROHIBITED CONNECTIONS: No person(s), home, residence, building or other contributor to the Borough’s sewage conveyance or treatment facilities shall make, allow or have a connection of roof downspouts, ground water sump pump, ground water, roof runoff, foundation drains, area way drains, subsurface drainage, directly or indirectly into said building sewer (lateral) or conveyance or treatment facilities.
Section 2: CERTIFICATE OF INSPECTION. It shall be unlawful for any owner of real property in Erie County, Pennsylvania, whose property is connected to the Borough’s public sanitary sewer system/public water system, to sell, convey, assign, or transfer any real property, or for any person to facilitate the sale, conveyance, assignment or transfer of any real property, by deed, agreement of sale, or otherwise, or for any person not already an owner thereof, to acquire an interest in any such real estate, without first securing a Certificate of Inspection and Compliance issued by the Borough’s Waste Water Collection and Treatment and/or Water Superintendents henceforth identified as the “Officer”, or his designee, with respect to the real property being transferred, certifying that an inspection has been performed and compliance achieved relative to all of the rules and regulations of the Borough relative to tapping into, discharging into, or connection with the Borough’s public sanitary sewer system and, if applicable, tap-in, metering and connection with the Borough’s public water system.
Any such inspection and certificate as may be issued by the Borough shall be pursuant to the inspection and is not intended to be an express or implied warranty or guarantee against the presence of any items of violation or noncompliance that were not apparent to the Borough Officer or his designee.
Section 3: APPLICATION FOR CERTIFICATE. An application for a certificate of inspection shall be made to the Borough Officer, or his designee, on forms furnished by the Borough and shall be accompanied by a fee in such amount as the Borough of Edinboro sets, from time to time, by resolution or by ordinance, including any such resolution at the annual Borough reorganization meeting. The initial fee for the application and inspection required for a Certificate of Inspection and Compliance, upon the effective date of the Ordinance, shall be $50.00 for both sewer and water inspections. If re-inspections are necessary on any corrections made at the property, there will be no charge for this mandatory re-inspection.
Section 4: ISSUANCE OF CERTIFICATE OF INSPECTION AND COMPLIANCE. Upon receipt of a properly completed application for a Certificate of Inspection and Compliance, the Borough’s Officer or his designee, shall within ten (10) calendar days, physically inspect the real property to be transferred, and shall determine its compliance with the Borough rules and regulations relative to its connection to the public sanitary sewer system and public water system. If the Officer, as aforementioned, determines compliance, he shall immediately issue a Certificate of Inspection and Compliance authorizing the transfer of the real estate. If the Officer determines noncompliance, he shall separately set forth each violation or items of noncompliance and the required remedial action in order for a Certificate of Inspection and Compliance to be issued and shall promptly forward a copy of his finding to all parties in interest. Upon notification of the remedial action having been completed, the Officer shall, within two (2) working days, re-inspect the real estate to be transferred and, if in compliance, shall immediately issue a Certificate of Inspection and Compliance. If upon re-inspection the Officer determines that all necessary remedial action has not occurred, he shall identify that remedial action still required and shall promptly forward a copy of his findings to all parties in interest. No Certificate of Inspection and Compliance shall be issued until all remedial action shall have been completed in a manner satisfactory to the Officer.
Section 5: INSPECTION: All users of the Borough’s sanitary sewage system and/or public water system shall allow the Borough of Edinboro, or its designees, access to any and all structures being provided such sewer and/or water services for the purpose of inspection to determine compliance under this ordinance.
Section 6: APPEAL. Any person or persons aggrieved by a decision of the Officer may, within thirty (30) days of being so aggrieved, file a written appeal of said decision to the Municipal and/or Water Authority of the Borough of Edinboro. Said appeal shall be in writing and set forth, in reasonable detail, the particular decision(s) by the Officer to which exception is taken, the reason for the exception being taken and the proposed remedy. Upon receipt of an appeal, the Municipal and/or Water Authority of Borough of Edinboro within thirty (30) calendar days of receipt shall permit a hearing to be conducted during a regularly scheduled Authority Meeting. All appeal hearings shall be conducted in accordance with the local agency law.
Section 7: VIOLATIONS: The violation of any provision of this ordinance shall be punishable in the manner set forth in the Code of Ordinances of the Borough of Edinboro and specifically as set forth in Article VI, section 616 or as the same shall be amended or replaced from time to time.
Section 8: SEVERABILITY: The provisions of this Ordinance shall be severable, and, if any of the provisions hereof shall be held unconstitutional, void or otherwise unenforceable, such shall not affect the validity of any of the remaining provisions of said Ordinance.
Section 9: REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions other this Ordinance are herby repealed insofar as the same affects this Ordinance.
THIS ORDINANCE #518 is duly enacted and ordained the 11th day of October, 2004, and shall become effective in five days and remain in force until modified, amended, or rescinded by the Borough of Edinboro, Erie County, Pennsylvania.
Robert Cogan seconded the motion, and, with no questions, the Ordinance passed by a 7-0 roll call vote: Clifford Allen, yes; Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, yes; Mary Ann Horne, yes; Gregory Lucas, yes; and H. Robert Cannell, yes.
Jean Davis also asked that one of the contractors on the Council to meet with the Ordinance Review Committee and the Planning Commission on October 12, 2004 at 6:00 P.M. She was informed that Chris Gillette and Greg Lucas were unavailable to attend the October 12th meeting, but could do a later-in-the-year meeting.
Personnel Committee: Clifford Allen reported that they met October 4, 2004 to discuss the annual review of the Manager and met again tonight at 6:30 P.M. A draft letter will be ready in the next few days for review.
Street, Buildings, & Grounds: Christopher Gillette had nothing to report.
Committee of the Whole: is scheduled to meet Tuesday October 12, 2004 at 7:00 P.M. with the Washington Township Council and Authority to discuss sanitary sewer issues. Mayor Cannell reminded everyone of the important meeting and hoped all would be present. Robert Cogan stated he would show everyone a revenue sharing system used for thirty-three (33) years to equalize taxing capacity over older cities with an industrial tax base, and Mayor Cannell stated he also received information from PLCM on revenue sharing. Mayor Cannell stated this matter will be discussed after this meeting in the meeting of the whole Council.
SOLICITOR’S REPORT:
Solicitor Marsh reported that disposition of Mr. Gilson was held regarding the civil assessment and a delay was on the ban. The DEP has agreed to move back the schedule a couple of months to give us time on the ban, and, if you read between the lines, we believe the ban will be lifted.
Manager McFadden stated he would be working on the administration section for recodification this week for the Ordinance Review Committee and would be discussing with Tri-County Industries other days for pickup & dumpster pickup on Lakeside for the summer for 2005. A letter in support of stance on 911 restricted account funds has been sent to Plateau Borough. The police have started monitoring vehicle speed on Maple Drive and other key places where the Public Works Department has put white lines. In checking on storm sewer manhole covers which were higher than the road, on Maple Drive it was found to be in preparation for resurfacing, which was postponed until the Corrective Action Plan (CAP) and Report response results were received. Clifford Allen stated that he was just notifying them since it looked like a liability to the Borough.
Manager McFadden stated they would address this problem either by readjusting the bricks or cold patching around the storm sewer manholes.
An analysis of the police overtime schedule was available, and Council was made aware that the time would increase around Edinboro University of PA (EUP) Homecoming. Robert Cogan stated that a review of payroll for the last two weeks showed no police overtime, which he felt was a good sign. He also stated that he had talked to the Police Chief of Clarion Borough who has seven (7) full time officers and uses a four day ten hour shift schedule. Mr. Cogan gave a copy of the Clarion Borough schedule to Manager McFadden for review for upcoming bargaining sessions regarding police.
Manager McFadden presented the Citizen Complaint/Commendation Policy for comment and adoption if the Council so desired. Robert Cogan moved, and Jean Davis seconded adoption of the policy. After some discussion, the policy was adopted by 7-0 voice vote.
A notice from Penn Prime regarding the Replacement Cost of Property Appraisal was in the packets, and Manager McFadden informed Council they were in the process of gathering the information requested.
Manager McFadden also had a memo regarding a Legal Affairs Committee, which was put on the agenda by Mr. Robert Cogan. He stated that this was to inform the Solicitor of this item, which would be discussed under new business.
FINANCE:
Mayor Cannell introduced the bills for payment. Jean Davis moved to approve the submitted bills totaling $270,848.46, and Mary Ann Horne seconded. Mayor Cannell stated he understood that they had given Herbert, Rowland & Grubic (HRG) a limit of $5,000.00 for the DEP appeal, and the Authority extended the approval, and he wondered if this was over the set approval. Manager McFadden would check on the costs and where the Council or Authority or both approved (HRG) for the Act 537 update. Manager McFadden also stated that they probably saw the invoice for Lake Engineering, and this was because of certain points on the checklist for the Borough that needed taking care of, and it was agreed by Chuck Wunz, Rob Kennerknecht, Art Kuholski, Melinda Murphy and Manager McFadden, which items would be taken care of by each. It seemed logical to have Lake Engineering take care of the historical information, since it has all the information. Chuck Wunz of HRG would be in charge of quality assurance and quality control. That is why you see costs associated with both HRG and Lake Engineering. The motion passed by a 7-0 voice vote. Mayor Cannell asked about postage costs for the recycling newsletter. He was informed that it was in the recycling fund, which gets a performance grant, which is used partially for this newsletter. Greg Lucas asked where they get the list of names for the newsletter. He was informed the list was taken from the utility billing list, and he informed them that James Bushack got six (6) at his address, and he thought the software should weed these out.
Jean Davis informed him that he was a landlord and was supposed to post one (1) at each of his apartments. Mr. Lucas stated that would not happen, and they should only send one (1) to each address.
Mayor Cannell introduced the payroll as submitted for the period ending September 25, 2004 and paid October 1, 2004 totaling $48,502.97. Clifford Allen moved to approve the payroll, and Mary Ann Horne seconded. The motion approving the payroll, overtime reports and supplemental time sheets passed unanimously by a voice vote 7-0.
Personnel:
Information regarding a Workers’ Compensation claim dispute was in the packets to keep Council informed of the process.
COMMUNITY LIAISONS:
Robert Cogan, liaison for the Edinboro Volunteer Fire Department (EVFD) stated that the Emergency Medical Service (EMS) was recommending purchasing a new ambulance. He also attended the open house yesterday and hoped others had also attended.
Jean Davis reported that she attended the Washington Township Council meeting and they talked about Dollar General building next to the YMCA and their concern about storm water drainage. They also noted the Township Association was looking into a county wide health insurance. Manager McFadden stated he was at the Pennsylvania League of Cities and Municipalities (PLCM) conference, and they also were exploring this option. Jean Davis also reported that the Municipal and Water Authorities met tonight, and Rob Kennerknecht was absent because of knee surgery, that he was home and going to rehab. She noted that Butch Shafer reported that he attended a two day seminar with Art Kuholski and Doug Bennett, and it was very helpful for the preparation of their Emergency Response Plan for the Water Department. They are looking at alternatives for water sources in case of an emergency, including one (1) for fire systems. The report is due by December 21, 2004.
Christopher Gillette reported that the results from the Joint Municipal Planning survey were in the packets in preparation of this coming Wednesday’s meeting. Mr. Cogan noted that the survey referenced a concern for downtown traffic congestion, and he observed a potentially dangerous incident when a fire truck and an ambulance needed to get out and go north on Route 99 and then west on Route 6N when a civilian car got between them. In discussing this with the firemen, they felt widening of Route 99 was needed. He also saw in the paper that the Sunoco was up for sale and if they could stimulate interest in a purchase for something other than a gas station, he felt that would be good for the Borough. He felt the Greater Edinboro Area Roundtable (GEAR) and the Chamber of Commerce should be informed. Mary Ann Horne stated that the public is aware because of the article in the newspaper recently, and Mr. Allen felt a “For Sale” sign in front of the property would also inform the public.
Communications:
Mayor Cannell reported receiving correspondence from the following:
1. Worlds Child Day 11/20/04 – a request from Stern Public Relations to proclaim November 20, 2004 World Children’s Day in the community in conjunction with McDonald’s fundraiser dedicated to improving the lives of children everywhere. Council requested time to review the information until next meeting.
2. A letter from William E. Baker, CPA, Select Financial Group, LLC, regarding due diligence procedures.
Manager McFadden stated that they had started the process some two years ago and have changed the mix of our pension money managers, had fees reduced twice by Merrill Lynch, and the last phase will start next year. The last phase will review the big picture options: banks; municipal associations like the Boroughs’ Association; the current manager, Merrill Lynch; and other types of arrangements similar to Merrill Lynch.
Mr. Cannell asked if monthly reports were received. He was at a Kiwanis meeting regarding pensions, and they received an 11.6% increase, and he wanted to point out that they did not need to accept sub-par performance and should keep managers accountable.
3. A letter from Ross V. Pineo, DDS, regarding a Carving Out Hunger Event. His office was holding a pumpkin decorating contest, and he wondered if anyone on Council would like to be a judge. It was noted that the contest would benefit the Edinboro Food Pantry and that everyone on Council would be out of town that day.
4. The Erie Zoo sent him a letter requesting funds. The Manager was directed to respond to this letter and inform them that we would ask our residents to join the Zoo and support the local zoo in our newsletter.
5. The Mayor asked Council about the news article that was on Council’s desk. Because there were no copies on Council’s desks, the Mayor apologized and passed his copy down for those interested in it.
NEW BUSINESS:
Robert Cogan requested creating a new Council committee on Legal Affairs. Mr. Cogan stated that he looked at Council Minutes after May 9, 2000. The minutes of may 22 show there was an executive session to talk about the May 9, 2000 DEP order, but doesn’t show any vote taken publicly to authorize or not authorize the litigation. Mr. Cogan stated he also checked some later minutes and found no vote until November 2003 when the heavy spending started. He suspected that the litigation that cost our rate and taxpayers so much money and inconvenience went on for about 42 months before it was officially authorized by Council. He felt it was inexpensive and desirable to have a committee to make recommendations to express regret, or to accept responsibility, or not, to offer to negotiate settlement, to mediate, arbitrate, or litigate. Clifford Allen stated that legal matters in the past were done in Committee of the Whole and not a segment of Council. This way all have access to everything and that would be the Committee of the Whole. Mr. Cogan stated then that they would need to assemble as a whole, which is harder than just a few members meeting. Jean Davis asked what they would do, arbitrate. Would we do away with the Solicitor? Mr. Cogan stated to arbitrate was what I said was one alternative. Robert Cogan also stated he would not do away with the solicitor. Mr. Cogan’s conception of a solicitor’s job is to keep you out of trouble and court. He is to keep Council at less risk and anxiety. The committee could recommend to negotiate, arbitrate and give alternatives before it went to litigation. A small committee would meet and keep things more confidential than the whole when they met. Mary Ann Horne stated in the past whenever two committees met, it was a Committee of the Whole, so if any committee felt it was a legal case, then we met as a Committee of the Whole. Mr. Cogan wanted everyone to consider the Solicitor’s job was to keep Council out of court and out of trouble. He asked them to read the Home Rule Charter especially Section 609 regarding investigations. He went on to explain he was uneasy talking in Executive Session, and he liked the saying, “two people could keep a secret if one was dead.” A smaller committee could ride herd. Jean Davis stated that the Finance Committee looks at bills and purchase orders as somewhat of a watchdog, but the committee does not make the budget and present it to Council. Everyone wants to be involved in discussion, and that is the same with the legal affairs. Mayor Cannell asked Mr. Cogan to put his motion in writing with more specific details for discussion at the next meeting. Mr. Cogan stated that this is a way to get expert information without asking the Solicitor’s consent and without the Manager. In language in Section 609, the Mayor is the Executive of Council as a Whole and a judicial reviewer. He agreed to bring this back as a written motion for the next meeting and asked everyone to read Section 609 of the Home Rule Charter.
Clifford Allen asked that the problem of the number of cars in town be discussed at a later date. There had been discussion over the years, but maybe a second exit on Route 79 would be feasible now because of the correctional institution in Albion and Cambridge Springs and the university. An exit south of town would be like Clarion, which has one exit before and one after Clarion. Mr. Allen felt they could possibly ask their legislators to think about traffic and about making a second exit in the future. Robert Cogan noted that it would be really desirable if the Manager wrote to EUP and businesses and found out their schedules to release students and employees so Council could work on arranging schedules to alleviate traffic problems.
Mary Ann Horne moved for adjournment, and with no objections, the meeting was adjourned at 8:45 P.M.
ATTEST:
___________________________ _____________________________
Manager E.R. Buck McFadden Mayor H. Robert Cannell
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
October 11, 2004
· Payment of bills
· Payment of payroll
· Minutes
· Ordinance 518 – ADOPTED in affect in 5 days
· Appoint Felix & Gloekler as CPA’s 2004-2006
· Authorize Manager to negotiate with Roth Marz regarding invoice & working on redesign
· Police Dept. Citizen Complaint & Commendation Process Policy and Form
POSTPONED
· Indecency Ordinance 502 – Ordinance Review Committee- Hearing Jan 26th – returned from Solicitor awaiting answer to a couple questions by Solicitor before 2nd reading.
· Delaying Ordinance 514 indefinitely being reviewed by Ordinance Review regarding dumpsters
· Tabled motion 8/9/04: Bob Cogan moved and second by Jean Davis to retain engineer for purpose of designing, cost estimating, & planning & scheduling work to replace or install an alternate line to make additional sewage capacity available for 100 EDU’s needed for the Orr development and to eliminate the so-called Normal Street point of concern, as required to comply with Tasks 2 and 3 of the Consent Degree that accompanied the June 30, 2004 PADEP letter..
· Tabled motion 10/11/04 moved by Robert Cogan and seconded by Jean Davis to pay Roth Marz his past due bill for total of 80% of agreement.
· Request by Robert Cogan to have Legal Affairs Committee was postponed until next meeting when he would have written documentation on what he was discussing and what the motion would consist of.
· Request by Stern public Relations for proclamation that Nov 30, 2004 be declared World Children’s Day was postponed until review by Council and addressed at 10/25/04 meeting
· Discussion on possible second exit on Route 79 and requesting legislatures for help
UPCOMING MEETINGS:
· Budget Workshops 6:30 p.m. 10/18, 10/20, 11/1, 11/15, 11/17
· Council with Washington Township Council 10/12 at 7PM
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
October 11, 2004
7:00 P.M. Regular Council Meeting
I. Call to Order of Council Meeting by Mayor Cannell
II. Roll Call: Clifford “Kip” Allen ____, Bob Cogan ____, Jean Davis ____, Christopher Gillette ____, Mary Ann Horne ____, Greg Lucas _ _, Mayor H. Robert Cannell _______, Manager McFadden ____, Solicitor Marsh _ _, and Marie Lander, Assistant to the Manager ____.
III. Approval of Minutes:
· Regularly Scheduled Meeting, September 27, 2004.
Action: Motion to approve minutes
IV Persons Requesting Time to Address Council
A)
1. Finance Committee/Pension Committee - Mary Ann Horne
a) Review fees schedule for 2005 especially inspection fees and permit fees
b) Motion to accept RFP for audit 2004-2006
2. Ordinance Review Committee –Jean Davis – a) Public Indecency Ordinance 502 –
b) Codification – awaiting Admin Section and return from Penns Valley
c) Sign Ordinance
d) Grease Ordinance
e) Dumpster Ordinance 514 – Ordinance postponed for further review by committee
f) Ordinance 518 – I & I Ordinance – FINAL Reading
3. Personnel Committee – Kip Allen - met Oct 4th
4. Recreation/Lake/Environment – Kip Allen
5. Public Safety – Chris Gillette
6. Street, Buildings, and Grounds – Chris Gillette
7. Committee of the Whole - To meet 7PM, Tuesday, October 12, 2004 in Washington Township to discuss sanitary sewer issues
B. Solicitor's Report:
1. DEP V. Edinboro Commonwealth Court Docket No. 835 M.D. 2003 –
a) Press Release
2. Edinboro v. DEP, EHB Docket 2004-016R - Appeal of the ban letter
a) awaiting CAP and Report response
3. Edinboro v. DEP, EHB Docket No. 2004-017-R, Appeal of Undated
a) depositions begun
4. Assessment. Bulk WWCT agreement with Washington Township - no report
5. Borough of Edinboro v. City of Erie – Manager McFadden and Bill Leonard to meet Erie officials for discussion next week
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) Discuss with Tri-County Industries about other days to pickup & dumpster pickup on Lakeside for summers
c) Send letter in support of stance on 911 restricted account funds being used to defray costs of secondary dispatch systems – see enclosed
d) Check on police monitoring speed on Maple Drive – lines painted
e) Check on storm sewer manhole cover higher than road on Maple Drive.- Maple Drive resurfacing postponed until CAP and Report response results
f) Analysis on police overtime – see enclosed
g) Set up Pension committee meeting & notify Finance Committee of date – Merrill Lynch to notify us of dates they are available this week.
1 B) Motion to adopt police citizen complaint/commendation policy - copy enclosed
1 C) Replacement Cost Property Appraisal
1 D) Memo regarding Legal Affairs Committee
2. Finance –
a) Authorization to approve bills to be paid October 11, 2004
Action: Motion to approve bills totaling $ 270,848.46
b) Authorization to approve payroll
Action: Motion to approve payroll ending September 25, 2004, paid Oct. 1, 2004, totaling $ 48,502.97
c)
3. Personnel – Regarding Roy Luke -FYI
4 Public Safety
Emergency Management
Emergency Medical Service (EMS)
EVFD
d) Police –
e.) Employee Safety Committee
5. BOCA Code/Planning/Zoning –
a)
6. Public Works
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
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. Sewer Committee – Jean Davis, Chris Gillette, Bob Cogan
12. EUP Administration – Bob Cannell
13. Watershed Association – Mary Ann Horne
14. Joint Municipal Planning – Chris Gillette
a) Survey Results
E. OTHER OLD BUSINESS:
1.
A.
B.
VII. New Business
A. Robert Cogan’s request to create a new Council committee on Legal Affairs
VIII. Adjournment
REMINDERS:
Finance Meeting Oct. 11th 1:30 p.m.
Authority Meeting October 11th 5 p.m.
Council Meeting October 11th 7 p.m.
Ordinance Review and P & Zoning Commission Oct 12th 6PM
Council & Authorities of Borough & Washington Township to hold a Workshop Oct 12th 7PM at Washington Township Building
2004 Council Meeting Schedule:
October 11, October 25, November 8,
November 22, December 6 at 7:00 P.M. and December 20 at 4:30 P.M.
©Copyright October 2004