HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
October 25, 2004
Call to Order:
The following Council members were present: Mayor H. Robert Cannell, Mary Ann Horne, Bob Cogan, Jean Davis, and Greg Lucas. Members absent were Clifford Allen and Christopher Gillette. Also in attendance were: Solicitor Rich Marsh; E.R. McFadden, Borough Manager; Dave Zamierowski, Code Enforcement Officer and Marie Lander, Assistant to the Manager. Guests present were: Edith Williams, Arthur Wright, Nancy Crawford, Jon Foulkrod of Washington Township Council, Ryan Smith of the Meadville Tribune, and Mary Hill of the Erie Times-News.
Mayor Cannell introduced the minutes from the Regular Council meeting held October 11, 2004. Mary Ann Horne moved for approval of the minutes, and Robert Cogan seconded. Robert Cogan requested that the words “recommend to” be inserted on page 9, 17th line after “The committee could” and before “negotiate.” With no objections the minutes were approved by a voice vote of 5 – 0.
Mayor H. Robert Cannell opened the floor to anyone present interested in speaking. Because there was no one who wished to speak, 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. Jean Davis moved and Robert Cogan seconded to donate $10,000 to the Edinboro Volunteer Fire Department (EVFD) as they had done in the past. Greg Lucas asked what Washington Township and Edinboro University gave. Robert Cogan stated the university gave $5,000.00 and the Township gave $10,000.00 Jean Davis stated she hoped that Washington Township would give something toward the vehicle insurance since we also pay for water for the EVFD. The motion to pay the donation passed by 5-0 voice vote.
Mary Ann Horne stated they had some concern over the $500.00 Erie Times advertisement and wondered if it could be placed in the Meadville Tribune instead. Manager McFadden stated that these were federal funds and this was the customary way of handling the advertisements. Edith Williams, 200 Meadville Street, Edinboro, PA 16412, stated that if you cannot afford to buy both newspapers, you would not know about the meeting that was held before this one. Mayor Cannell stated that money is number one, but if people are genuinely interested, then it should be in the Erie Times.
Edith Williams stated that she did read all legal ads, and $30.00 month for the Meadville Tribune and another $40.00 a month for the Erie Times was too expensive.
Mary Ann Horne introduced the adjustments to the 3rd quarter 2004 budget as reviewed at all budget workshops to date. Jean Davis moved acceptance of resolution 15-2004, and Robert Cogan seconded. Jean Davis read the Resolution as follows:
Home Rule Borough of Edinboro
Resolution No. 15-2004
A RESOLUTION, of the Home Rule Borough of Edinboro, Erie County, Pennsylvania amending the 2004 Budgets.
BE IT RESOLVED, and it is hereby resolved and enacted on October 25, 2004 by the Council of the Home Rule Borough of Edinboro, County of Erie, Commonwealth of Pennsylvania that:
the General Fund Budget is hereby amended to decrease Revenues 340 Interest $2,000; increase 350 Intergovernmental Revenue $ 851; increase 380 Miscellaneous Revenue $62,000; increase 390 Other Financing Sources $5,600; to decrease expense 400 General Government $14,116; decrease expense 410 Public Safety $ 35,664.28; increase expense 430 Highways $4,688; increase 440 Other $62,000; increase 450 Culture Recreation $208; and increase 490 Other Financing Uses $1750; and
the Water Fund is hereby amended to decrease revenue 340 Interest $1,800; decrease 360 Charges for Service $12,000 and decrease expense 440 other $26,480; and increase expense 490 Other Financing Uses $5,600; and
the WWCT Fund is hereby amended to increase revenue 380 Miscellaneous Revenue $391,262.38; and increase expense 426 Sanitation $244,000; and
the Refuse/Recycling Fund is hereby amended to increase 426 Sanitation $2,278.00.
The resolution passed by 5-0 roll call vote as follows: Clifford Allen, absent; H. Robert Cannell, yes; Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, absent; Mary Ann Horne, yes; and Gregory Lucas, yes.
Ordinance Review Committee: Jean Davis reported that they still had some work to do on the Public Indecency Ordinance and the Sign Ordinance. The committee would also review the information provided by the Manager regarding a noise ordinance.
Personnel Committee: Clifford Allen was not present.
Street, Buildings, & Grounds: Christopher Gillette was not present.
Committee of the Whole: Mayor Cannell reported that they met Tuesday October 12, 2004 at 7:00 P.M. with the Washington Township Council and Authority for about one and one-half hours to discuss conceptually a sanitary sewer agreement. Mayor Cannell reminded everyone of the next meeting scheduled for Thursday night October 28, 2004 at 7:00 P.M. at the Washington Township building.
Greg Lucas reported he would only be able to stay until 7:45 P.M.
SOLICITOR’S REPORT:
Solicitor Marsh stated he had nothing new to report.
Mr. Robert Cogan stated he had questions about the Herbert, Rowland & Grubic, Inc. (HRG) correspondence. He stated that the letter between Mr. Wunz and Mr. Gilson sounded like the same controversies that were litigated before the EHB and Commonwealth Court are emerging between our agent engineer, Mr. Wunz and the DEP. Manager McFadden stated that this was not the issue. Mr. Gilson was using “surcharge” for “overload,” and in the fourth paragraph Mr. Wunz was quoting the two judges’ interpretation of “surcharging” that the Department of Environmental Protection (DEP) and the Borough must follow. A surcharge without a spill is a hydraulic overload.
Mr. Cogan stated he was just trying to point out to Council that the DEP, in item #12 from Mr. Gilson is referring to 100 EDU’s for Orr Brothers, and #14 is where the Borough does not agree on surcharging. Mr. Cogan just wanted to point out the controversy that seems to be reemerging as the DEP and the Borough interpret rulings. There is still tough work to do, and Mr. Cogan went on to say, he was going to keep his promise to nominate Mary Ann Horne as Mayor next year, but he would suggest to you or anyone else nominated for that position better start thinking now about what they would do in late March 2005 if DEP tells the court that the Borough is not cooperating, the Court cites us for contempt and Solicitor Marsh requests authorization to defend against such citations. Manager McFadden stated he wanted to keep the record clear. Item #14 is not Edinboro’s assertion that the DEP is not in agreement. It is the two court findings with which the DEP is not agreeing. Judge Renwand specifically told Edinboro that a hydraulic overload occurs when flow exceeds capacity and spills occur prior to reaching the exit point at the plant, so the DEP does not disagree with the Borough. DEP disagrees with the Renwand Board and the Krancer Board about hydraulic overload. This has nothing to do with spilling, but that surcharge is the result of spill. This all has to do with surcharging without spilling. Jean Davis stated that the DEP is stepping back from things it said back in February 2004, that we were not hydraulically overloaded but legally overloaded when it was saying, “we are hydraulically overloaded until we complete our Corrective Action Plan (CAP).” Mr. Robert Cogan stated that #13 is speaking of the May 9th order that not Maple Drive, only, is overloaded and is speaking of that complaint of the Orr Brothers for 100 EDU’s. The DEP is clearly telling us to prepare for the future needs of Washington Township. He maintained that controversy had emerged once again with the Manager, Attorney, and Agent maintaining their position, and we, as Council, haven’t taken any new direction. Revenue sharing, partnership, authority, etc., he hoped to get Council to move on one of these movements. Mr. Cogan went on to say he was not an attorney and not specialized in his ability to work out liability issues, nor was he a manager with financial expertise to determine whether we were getting a good deal or not or a civil engineer with expertise to do cost analyses, so he as a Councilmen could only come up with resolutions with vague directions without this expertise and I would need their expertise to help solve the problem. Mr. Cogan did not blame our professional staff, or Manager, Solicitor, and Engineer for maintaining their positions, since Council has not taken a majority position for a new direction. Mayor Cannell stated that a CAP superseded by a Joint 537 Plan, submitted and approved, was what was needed. Jean Davis stated that they are not separate plans.
Manager McFadden asked everyone to review the checklist to see what Chuck Wunz and Steve Halmi were discussing with the DEP as the format checklist. First, individually, we, the Borough and the Township, must do items 1-4 as follows:
1) Previous Wastewater Planning;
2) Physical & Demographic Analysis utilizing description and
mapping;
3) Existing Sewer Facilities in the Planning Area – identifying the existing needs;
4) Future Growth and Land Development.
Then jointly we need to complete 5-9 as follows:
5) Identify Alternatives to Provide New or Improved Wastewater Disposal Facilities;
6) Evaluation of Alternatives;
7) Institutional Evaluation;
8) Implementation Schedule and Justification for Selected Technical & Institutional Alternatives; and
9) Environmental Report generated from the Uniform Environmental Review Process.
This all has to be agreed to by all parties. Manager McFadden went on to say that at the Thursday meeting of the Township, Borough and the DEP, it was agreed that Washington Township and the DEP have agreed on the same Act 537 plan schedule that was in our court order. This was sixty (60) days after the DEP representative assured Judge Quigley they could do this. Manager McFadden stated he expects that it is appropriate to inform Judge Quigley first, that as of this date, the DEP has not yet enforced Washington Township’s being on the same time table for the joint 537 plan as the Borough; and secondly, we can indicate at this point in time that we are trying with difficulty with the DEP because the DEP is not recognizing the existing hydraulic overload definition set by the two courts as defined for Edinboro. Jean Davis asked if it would be reasonable after the sixty (60) days, if nothing was happening, for the solicitor to contact the Judge.
Solicitor Marsh suggested that the Engineer, Management and he needed to review the DEP response in detail. He stated that he had not been part of the CAP. It was done by the staff and the Engineer. He stated that it sounds like the DEP was changing the rules of the game. He explained that Mr. Cogan had brought to everyone’s attention the information about spilling. The DEP appears to be saying it was changing the definition of “surcharge” to being just any kind of backup. It cannot do this. Judge Quigley’s rulings must be strictly applied to us and the DEP, and we can’t change the definition and neither can the DEP. He asked for a few days to review the document before commenting more.
Manager McFadden stated that clearly the CAP could be reworked and resubmitted to clarify some key issues. We can resubmit and discuss the remainder with the DEP. Mr. Cogan stated he hoped they were right and an agreement would be arrived at in a month or two, or he threatened to sing a song he wrote “Hip Hop Sewer Song”, if the parties did not come around. Mayor Cannell stated he hoped they could have a favorable and workable solution to this matter.
Solicitor Marsh stated that he could see a couple of issues so far in this correspondence, even though the Borough had hired another engineer, who was well known and from a larger firm in the Commonwealth, to make sure everything was being done correctly. The firm has told you it feels we are doing things correctly, and we may have to go to the Judge if conditions change. At that time we would ask for the Township to be on the same schedule, which, as of this date, has not happened, and secondly, regarding the criteria standard of the May 9, 2000 Order and the Adjudication, to have the DEP please follow it. He did not know if they would need to go to Court, but they may need to request that the court intervene. He suggested that first, we would review with Mr. Wunz and the staff and then make changes in the CAP that are possible; and then review the ones we cannot change. Mayor Cannell agreed that the professionals needed to get together and discuss this letter from DEP. Manager McFadden stated that according to Steve Halmi and Dave Anthony of Washington Township, he understands the Authorities and Councils are working on #7 of the checklist. Greg Lucas stated that the DEP letter has #1 as the 537 plan combined, where the DEP seems to ask us to give away our plant, and the bottom line is to pay for the Township plant. Jean Davis agreed that it was not fair.
Mayor Cannell again asked the management and the professionals to talk to the DEP for clarification without going to court if possible. #13 seemed to scare Mayor Cannell in that the DEP was now asking us to replace lines on Maple Drive, but it was his understanding that the Township would pay for part of this installation, if completed. Mr. Cogan stated they need to talk about that on Thursday with the Township. Mary Ann Horne asked if they could have an executive session with Solicitor Marsh, Engineer Wunz, and staff for an update as soon as possible. Manager McFadden stated that they could discuss this by phone with Rob Kennerknecht, Chuck Wunz and Solicitor Marsh about the DEP’s response to the CAP. Then Mr. Wunz could touch base with Mr. Gilson of the DEP, and then they would update the Council.
Mayor Cannell asked if the DEP walked Maple Drive last week. Manager McFadden stated this was its response after its visit. It is interesting that the DEP representatives looked at data relative to non-spilling at one manhole on Maple Drive and the non-spilling surcharge of two other manholes on Maple Drive also. They looked into the pipes, and they were not spilling out, and they were not surcharging pipes. Mayor Cannell asked the Professionals to get back to Council as soon as possible.
Manager McFadden stated he was in discussions with Tri-County Industries about a possible change in pickup dates in the Borough for 2005. He also discussed a new bathhouse design with Architect Roth Marz.
A letter in support of the Erie Zoo had not been completed and discussion followed on possibly putting something on the Cable Station regarding supporting the Zoo with a picture if the Zoo supplied one.
Discussion followed on HRG costs, which are for non legal services, but are for services performed when HRG replaced Lake Engineering for the CAP and the 537 Plan update.
Regarding newsletters and duplicate addresses, Vicki Coffin, Utilities Clerk, would be looking into addresses for non-billing purposes.
Regarding flex time by businesses, it was already happening, and the university has a whole class schedule. Mr. Cogan asked who were the employers in the Borough vicinity and if there was a list. Manager McFadden stated we have a Borough list but not a Township list, and that may be available from the Chamber of Commerce for the area at which he was looking. Mr. Cogan stated that EUP had a vehicle traffic study, and Manager McFadden stated he was only aware of a parking analysis. Mr. Cogan stated he would contact Chief Nelson to see if they have a traffic analysis and an analysis using staggered classes. Manager McFadden stated he would check with Chief Nelson and James Sheehan regarding these items. Mr. Cogan added that widening roads doesn’t seem to reduce traffic congestion.
Manager McFadden reported that he attended a Task Force Meeting at Tri State Dispatch, a branch of Emergycare. They discussed the 911 phone surcharge from the County for use for equipment replacements and upgrades. West County and East County and the City were all interested in funds for equipment and personnel. The memo and letter in the packets speaks of this idea, and that there were no funds left for personnel costs, but they supported some funds for equipment maintenance and replacement. The second issue discussed was that within a three year timeline, they expect not to service 911 for third parties like us. By then maybe there will be a county-wide system or we will need to approach West County for service.
The memo on Zebra mussel control is to inform Council that the water level in the lake will be drawn down at the recommendation of three scientists who spoke at the Watershed Association meeting.
FINANCE:
Mayor Cannell introduced the bills for payment. Mary Ann Horne moved to approve the submitted bills totaling $56,504.43, and Jean Davis seconded. Discussion followed regarding invoices. Jean Davis noted that the payment for repair of the Ford Explorer was reimbursed by the insurance company less the $500.00 deductible. Mayor Cannell asked if the payment was for installation of carpet in the Council chambers only.
Manager McFadden stated it was for the office area also. Mayor Cannell asked about the 1990 International Dump truck, and he was informed it was for engine work. Greg Lucas asked if anyone had seen the Vactor truck. He thought it was a huge truck and it should be in the parade next year. Mayor Cannell asked about the $800.00 down payment to “Pete Most Wanted.” Greg Lucas stated he was a painter that he used and was well known. Mayor Cannell then asked about the HRG payment this time for $6,009.00. At the last meeting they paid about $7,000.00 and he wondered if approval had taken place. Mary Ann Horne stated that the Finance Committee had asked the same question and was reminded that HRG was hired to do the CAP and 537 Plan instead of Lake Engineering, and this work was not through the legal service he rendered earlier. Manager McFadden also reminded everyone that work on the 537 Joint Plan was entitled to DEP reimbursement of 50%. With no further questions, the motion to pay bills was approved by 5-0 voice vote.
Mayor Cannell introduced the payroll as submitted for the period ending October 9, 2004 and paid October 15, 2004 totaling $50,430.45. Robert Cogan 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 5-0.
EVFD:
Robert Cogan reported that the EVFD was restructuring its bylaws for the Board of Directors.
Police:
Police monthly reports were reviewed. Discussion followed on the memo regarding Homecoming. Mayor Cannell asked if the university gave us a donation for work during Homecoming. Manager McFadden stated there was no donation except for a police biker along the parade route, which was very helpful. The memo outlined how the income from towing and soliciting for Homecoming paid for overtime of personnel.
BOCA Code/Planning/Zoning:
Monthly report was available for review. There were pages of changes to the Zoning Ordinance and a recommendation for fees that were part of the report which Mr. Zamierowski explained to Council. He explained that they would prepare overlay zones and create chapters in the ordinance just for these overlay zones. New construction is costing fifty percent (50%) more with these new rules and fees. Mary Ann Horne asked if this would prevent another video storefront such as the one on 6N West, and Mr. Zamierowski said it would. Mr. Cogan asked Mr. Zamierowski to show these new additions to Renee Thayer to get her input. Manager McFadden stated the fees would be enacted with the budget package. He also gave a heads up on a West Chester case regarding fees and also the Uniform Construction Code ( UCC) fees for standard rates in our area. Greg Lucas stated this was a big pain to builders and owners who were building, but they were standard in the field. In April, it cost $37.00 for a pole building permit and now in October, it cost $337.00 for the same building. He stated it will mean 10%-15% higher costs to build a home and may crush the building industry.
Mr. Zamierowski went on to explain he would like to get the Design Review Committee formed and would invite ten people, five of whom would be on the committee with five alternates. He would also like to put these changes in the codification packet to be voted on then. Everyone agreed to put these changes into the new codification. Manager McFadden requested that the Personnel Committee review the candidates for the committee as it did for all committees of the Borough. He would write up an ordinance or resolution to create the Design Review Committee for action by Council to make sure they have authority to do this important design job. Greg Lucas reminded Mr. Zamierowski that the members must be Borough residents.
Dave Zamierowski presented the subdivision of Mr. Deac Manross. The Mylars were present for Council’s review. Mr. Manross had a property line moved so as to equalize his two pieces of property. Due to the nonconforming status of the properties, the subdivision had to be approved by the Zoning Hearing Board because of lack of frontage. His request was granted by 5-0 vote by the Zoning Hearing Board.
Jean Davis moved, and Mary Ann Horne seconded to accept the subdivision of Mr. Deac Manross as submitted and approved by the Zoning Hearing Board. With no objections, the motion passed by 5-0 voice vote. Council members were reminded to sign the Mylars after the Council meeting.
Also in the packet was a notice from the Pennsylvania Liquor Control Board (PLCB) that Edinboro Inn was applying for a hotel liquor license.
Public Works:
Monthly report of public works was available for review.
Water Department:
Monthly report was available for review.
Community Development/Project Coordination:
Monthly report was available for review.
Mayor Cannell asked about the sixty delinquent accounts and whether this was normal. He also asked about the miscellaneous grant listed as being submitted for the PennDOT Home Town Streets and Safe Routes to School Program. Manager McFadden stated that they had been contacted about clarifying the project and they would be coming out to look at it prior to awarding the grant.
COMMUNITY LIAISONS:
Nothing to report.
Other Old Business:
Robert Cogan stated he did prepare a motion as he said he would and passed it out to everyone. Mr. Cogan move that Council establish a Legal Committee whose function shall be to read all letters of complaint to the Borough that might result in legal action against it, meet once a month and recommend to the Committee of the Whole and the Solicitor whether complaints should be responded to by polite denial of claims or apologies, but include an explanation of why the Borough was not responsible for any alleged damages, or offers to mediate, to arbitrate or to take to litigation. The Committee would also be charged to read all legal papers in any ongoing litigation and recommend to the Council in a timely fashion whether further litigation, such as appeals should be undertaken or not undertaken. Mayor H. Robert Cannell seconded the motion.
Mr. Cogan went on to explain his reasons for the motion. Council members do not have the time or the background to understand legal papers to read all the correspondence, so I offer this as an alternative. An alternative dispute resolution is a growing thing in American legal practice. At the University of Pittsburgh bookstore there is a cram sheet for law students on alternative dispute resolution. I think it is poor stewardship of our governing body to let litigation go on for several years or not authorize by public vote of Council before we get into a long drawn out litigation. If Council members wish to hide behind statements like “We were only following the advice of the Solicitor, Manager, and Engineer”, then Council should change the Borough’s name to “Marsh, McFadden & Wunz.” There would be no sense in voting on this motion if we do not have three members of Council willing to meet monthly on this committee. Mr. Cogan asked if there were two others who would be willing to meet once a month. He asked if they would please raise their hands, or he would withdraw his motion.
Jean Davis stated she was not raising her hand to be on the committee but wished to voice her opinion. I feel that if I am on Council and did not take the responsibility to review 100% of correspondence and ask professionals if I do not understand what they mean, then this would be malfeasance of duty. We need our leaders and guidelines, but we also need all professionals to do it. She felt she could not sit here and insult Mr. Cogan as nicely as he does to her with his analogies. She also stated she did not want residents to pay for the Township sewer, and she felt she had done her best for her community.
Mr. Cogan stated he was sorry if she felt insulted personally because it was not meant that way. To not vote for months is nonfeasance and a function of the whole board. He wanted Council to know there were cheaper ways of doing things but since there were not two others to be on the committee he hoped the Committee of the Whole would perform more diligently on legal matters, and he withdrew the motion.
Communications:
A request for Eagle Scout Steven DeVore to be honored was in the packet. Robert Cogan moved, and Jean Davis seconded to send the standard letter of commendation to Eagle Scout Steven DeVore.
Jean Davis reported that the Edinboro Area Historical Society had a great film on October 20, 2004. If they showed it again, she encouraged people to see it.
Also in the packets was a notice of a criminal justice forum from Justice & Mercy, Inc.
Mayor Cannell reported receiving at home information from Senator Jane Earll and Pennsylvania League of Cities and Municipalities (PLCM), and he found out that everyone receives them at home.
NEW BUSINESS:
Mayor Cannell moved on to remind Council of the meeting of the Authorities and Councils with Washington Township October 28, 2004 at 7:00 P.M. He asked if anyone wanted to meet here first to discuss anything.
Greg Lucas asked Jon Foulkrod, Washington Township Mayor, if they had done anything regarding revenue sharing. Jon Foulkrod reported they had a presentation on revenue sharing that was approximately 97% complete. Jean Davis stated that Mr. Foulkrod requested Chapter 94 and budget information and would like to present that with staff available to answer questions. Jon Foulkrod stated he didn’t need this information and if Scott Sayers of the Authority did, he felt they could meet with them about the Budget and Chapter 94. Mary Ann Horne asked about the language of the contract. Jon Foulkrod stated the letter of February from their solicitor detailed the legal concerns about the contract. Jean Davis stated that they should wait until Rob Kennerknecht, Superintendent of Waste Water Collection and Treatment (WWCT) was back to discuss this. Greg Lucas asked who had a copy of the original plan. Robert Cogan stated he had the September and December agreements from Caroline Rhodes, and it was his impression that the major concern was the Township plant overflowing into the Lake. The Borough’s first position and objective was for the Township to build its own plant or increase its plant so it no longer polluted the Lake. Manager McFadden stated back in the 1980’s, 537 plan documents and Environmental Protection Agency (EPA) studies indicated the Township would sewer the Township and the Borough would sewer the Borough. In 1999 or early 2000, the Task Force came up with a variety of ways to look at that. The Township proposed a draft in 1997 or 1998 to expand its plant and discharge below the Lake. Three suggestions came out: 1) The DEP wanted discharge at 6N bridge that way all right-of-ways were in Township and State only; 2) In the Township through the golf course (Woods Farm) and below our WWCT plant; and 3) Route 6N and down Maple Drive. On the third proposal we made a comment that they should use the planning horizons to be observed, which were twenty (20) years on equipment and forty (40) years conveyance so they should size the pipe correctly so they only needed to do it once. The DEP, to his knowledge, never gave the approval or not.
Mr. Cogan stated the original thinking, Borough—Borough and Township—Township, then at a later time the objective became to get out of the lake and then maybe have a service contract with costs plus some surcharge. Manager McFadden stated that was roughly correct, but roughly. The DEP never responded to the Township’s thoughts to which we did not object. Meetings with the DEP advocated one plant. In 1999-2000, a variety of scenarios were roughed out and discussed with Steve Halmi. Also an expanded Borough Plant was discussed. Then when the May 9, 2000 order came down, everything went on hold. There was an appeal by the Township and the Borough. Then the Township was signing a consent order. We had a full winter of discussion, and the Borough signed a document in December of 2001, prior to learning the Township signed the consent order with the DEP. Greg Lucas stated the meeting was to have the Township put together a plan to show how revenue sharing would work, and the Borough would show how cost plus 10% would work. Mr. Cogan stated if the idea that the Borough takes care of the Borough and the Township takes care of the Township is correct and acceptable, then a service contract could work. Greg Lucas stated it was inches away, and then new people got on the Township Board and kyboshed the deal.
Jean Davis stated that she was disappointed that the December 2001 contract was not signed and the September and February letters were missed or nothing was done about the differences. Jon Foulkrod stated the group also met in the summer and fall of 2000 twice a month to try and work out differences. Mary Ann Horne stated that maybe when they looked at the agreement they could get a change by Washington Township Council to agree.
Greg Lucas stated we should be taking something to the table. Jon Foulkrod stated there were a few items on the agenda, and they could talk later on the customer contract. Manager McFadden stated this was the first time management was aware of the need to review the contract, so the technical people have not been working on it. That is one of the problems with meetings of Councils and no professionals. It was agreed to go October 28, 2004 to listen to the township’s presentation and present the service agreement the next meeting.
Robert Cogan moved for adjournment, and with no objections, the meeting was adjourned at 9:10 P.M.
ATTEST:
___________________________ _____________________________
Manager E.R. Buck McFadden Mayor H. Robert Cannell
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
October 25, 2004
· Payment of bills
· Payment of payroll
· Minutes
· Resolution 15-2004 – ADOPTED 3rd quarter adjustments 2004 Budget
·
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
·
·
UPCOMING MEETINGS:
· Budget Workshops 6:30 p.m. 10/18, 10/20, 11/1, 11/15, 11/17
· Council & Municipal Authority to meet with Washington Township Council & Authority 10/28 7 pm.
October 25, 2004
CDBG HEARING 6:45 PM
7:00 P.M. Regular Council Meeting
I. Call to Order of Council Meeting by Mayor Cannell
II. Roll Call: Clifford “Kip” Allen _ABSENT___, 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, October 11, 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 approve budget adjustments 3rd qtr 2004
c) Pension Committee meeting set for Nov 10th noon
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
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 -
a) Report on meeting October 12th with Washington Township
b) To meet 7PM, Thursday, October 28, 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 –
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 met Erie officials for discussion
6. HRG Correspondence
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) Negotiate with Roth Marz regarding new bathhouse design – in process
d) Work on request from Penn Prime regarding Property replacement costs – in process
e) Letter in support of Erie Zoo – mention we would encourage citizens to support and join the local Zoo – put also in newsletter
f) Check on authorization by Council & Authority for HRG costs & 537 update work
g) Check on newsletters being sent to same address multiple times because of landlords – have software weed out duplicates before mailing - reviewing
h) Look into possible flex time by businesses & university to alleviate traffic congestion
1 B) Erie County 911 Regional Dispatch Task Force
1 C) Edinboro Lake drawdown for Zebra Mussel control
2. Finance –
a) Authorization to approve bills to be paid October 25, 2004
Action: Motion to approve bills totaling $ 56,504.43
b) Authorization to approve payroll
Action: Motion to approve payroll ending October 9, 2004, paid Oct. 15, 2004, totaling $ 50,430.45
c)
3. Personnel
4 Public Safety
Emergency Management
Emergency Medical Service (EMS)
EVFD
d) Police – Monthly Report
1) Memo on Homecoming
e.) Employee Safety Committee
5. BOCA Code/Planning/Zoning – Monthly Report
a) Recommended changes Ordinance & recommended fees
b) PA Liquor Control Board regarding License No. H-5981
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- Monthly Report
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
E. OTHER OLD BUSINESS:
1. Tabled motion 10/11 Robert Cogan moved and seconded by Jean Davis to pay Roth Marz his past due bill for total of 80% of agreement.
2. Request by Robert Cogan to have Legal Affairs Committee was postponed 10/11/04 until 10/25/04 when he would have written documentation on what he was discussing and what the motion would consist of.
3. Tabled 10/25/04 request by Stern public relations for proclamation that Nov 30, 2004 be declared World Children’s Day
4. Clifford Allen requested further discussion on possible second exit on Route 79 to alleviate congestion and possible request for legislature’s help.
A. Request to honor Eagle Scout Steven DeVore
B. Edinboro Area Historical Society
C. Justice & Mercy, Inc. – Public Policy Committee – notice of Criminal Justice Forum
VII. New Business
A.
VIII. Adjournment
REMINDERS:
Finance Meeting Oct. 25th 1:30 p.m.
CDBG Hearing October 25th 6:45 p.m.
Budget Workshops 6:30 p.m. Nov 1, Nov 15, Nov 17
Next Council Meeting November 22 7 p.m.
Council & Authorities of Borough & Washington Township to hold a Workshop Oct 28th 7PM at Washington Township Building
2004 Council Meeting Schedule:
November 8, November 22, December 6 at 7:00 P.M. and December 20 at 4:30 P.M.
©Copyright November 2004