HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
November 8, 2004
Call to Order:
The following Council members were present: Mayor H. Robert Cannell, Mary Ann Horne, Bob Cogan, Jean Davis, Clifford Allen, Christopher Gillette and Greg Lucas. Also in attendance were: E.R. McFadden, Borough Manager; and Marie Lander, Assistant to the Manager. Guests present were: Kelly Richard; Jon Foulkrod of Washington Township Council and Ryan Smith of the Meadville Tribune.
Mayor Cannell introduced the minutes from the Regular Council meeting held October 25, 2004. Mary Ann Horne moved for approval of the minutes, and Jean Davis seconded. Robert Cogan requested corrections on page 3, line 16, adding, after “cooperating” “the court cites us for contempt, and Solicitor Marsh request authorization to defend against such citations.” and line 28 after “May 9th order that” insert “not.” With no objections the minutes were approved with the corrections by a voice vote of 5–0–2. Clifford Allen and Christopher Gillette abstained because they were absent October 25, 2004.
Mr. Cogan asked for a point of order where he could add to the agenda. Mayor Cannell answered that he would be able to do that at New Business. Mr. Cogan stated he wanted to add two items—one, a request for commendation, and the second was the noise ordinance.
Mayor Cannell opened the floor to Kelly Richard, who requested time to speak to Council regarding sponsoring a four mile race July 3, 2005.
Kelly Richard, 11998 Jesse Drive. Ms. Richard went on to explain that she was an Edinboro University of Pennsylvania (EUP) student and a graduate of General McLane High School (GMHS). She was here tonight to request permission to have a four mile race. She would like to give back to the community that helped her with support while her father was going through cancer treatments. The four mile run proceeds would go to the Lymphoma Society and a percentage to the GMHS cross country team, which supported her. The race would take place July 3, 2005, and she was also contacting the Fireworks Committee to have the event become part of the festivities in the future. She was at the Council meeting asking Council’s support by sponsoring and insuring the race. Ms. Richard stated she had already contacted other sponsors and was moving forward with the race. The course map was given to Mayor Cannell, and the race would start at the Methodist Church on High Street. She would need the police and many volunteers from the area for road closings. Mayor Cannell commended her on this great offer to chair this event. Mary Ann Horne stated that there would be no extra charge from the insurance company to insure this event if the Borough sponsored it. Manager McFadden noted that most of the race was in Washington Township, and he recommended getting it to co-sponsor with its insurance also. He had also spoken to Chief Craft, and he saw no problem in having a police officer help with the crossing of Route 99 at Normal Street. Clifford Allen stated this was very commendable of Kelly. He stated that he agreed with what the Manager was asking, that Kelly also get the Township on board. Mr. Allen wondered if this were going to be a one-time race or an annual event. Ms. Richard informed them that she was contacting the Township, and also it was a one-time event, but she did hope it would become an annual event.
Jean Davis moved to support as a sponsor the “Fast Foot Frenzy”, a four mile race to be held July 3, 2005, chaired by Kelly Richard, and to notify the Borough’s insurance of this race. Mary Ann Horne seconded the motion and it passed 7-0.
Because there was no one else requesting time to speak before Council, 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.
Mayor Cannell asked if they had reviewed the fee schedule for 2005, especially the inspection fees and permit fees. Mary Ann Horne stated they would meet to review this soon. She also reminded everyone that they would meet November 15, 2004 and November 17, 2004 for Budget Workshops, and if anyone could not attend, to notify Marie Lander since there were three unable to attend the November 15th meeting already.
The Pension Committee meeting was scheduled for November 10, 2004 at noon, and the Finance Committee members would be attending.
Ordinance Review Committee: Jean Davis reported that they did not meet and had nothing to report at this time.
Personnel Committee: Clifford Allen reported they had worked on the annual review of the Manager and completed the task in a timely manner. A copy of the annual review would be given to the Manager at the end of this meeting. A printed copy will be presented to Council and the Manager. If he wishes to discuss this review, he may sit down with Council. Clifford Allen moved to accept the Personnel Committee report on the Manager and Jean Davis seconded. With no objections the motion passed by 7-0 voice vote.
Street, Buildings, & Grounds: Christopher Gillette had no report.
Greg Lucas asked if the Manager had heard from Roth Marz regarding the bathhouse. Manager McFadden stated that a fax was received at 6:30 P.M. tonight, and he would be reviewing it with the original drawing and get a copy to everyone.
Christopher Gillette asked if he said anything about a fee. Manager McFadden stated he had no comment yet. He believed that first, he wanted to see if this sketch that had been faxed was sufficient.
Committee of the Whole: Mayor Cannell reported that they met October 28, 2004 with the Washington Township Council and Authority. They heard a presentation by Jon Foulkrod, which was a very good presentation. Mary Ann Horne and Mayor Cannell met with Manager McFadden to look at the proposal that the Borough had on the table from December of 2001 and the three concerns discussed in Dave Anthony’s letter from Washington Township. Robert Cogan asked if it was a power point slide presentation which was in his mailbox. It was. He asked if they used any models or the tax increments financing act and Mr. Foulkrod stated not at this time. Mr. Foulkrod stated they were going back to see what the absolute tax dollars were in the sewered property areas and were getting close to having this information.
SOLICITOR’S REPORT:
Mayor Cannell asked Manager McFadden if there were anything to report in the Solicitor’s absence. Manager McFadden reported that EHB Docket 2004-016R and 2004-017R had been consolidated and that the depositions were due by December 31, 2004. The hearing dates had been rescheduled with both parties approval.
Mr. Robert Cogan asked about Mr. Wunz and if the Department of Environmental Protection (DEP) letter, which had appeared last time on the desks dated October 25, 2004, was being followed. It was a quite thorough rejection, and the new Corrective Action Plan (CAP) was due November 12, 2004. He also noted that the letter dated October 29, 2004 argued against a surcharge and a non-spilling surcharge. Mr. Cogan stated that he was worried about what the DEP would come back with and asked if Mr. Wunz would submit another CAP by November 12, 2004 to meet the demands of May 9, 2000. Manager McFadden stated that Mr. Wunz felt accurate in an engineering fashion as set forth in adjudication. Mr. Cogan stated he was not sure what that meant and wondered if a parallel pipe was being planned or not. Manager McFadden stated they would discuss this further in executive session following the meeting. Mr. Cogan asked about the meeting with Washington Township when Scott Sayres asked for the cost of processing one gallon of sewerage in our system because we need to know the cost to even figure a cost plus 10% service contract. He also asked if a meeting had been set to explain to the Township Authority the Borough’s costs. Manager McFadden stated the term “cost treated” of one gallon flow through the plant, that is very tricky or may not be useful. Mr. Cogan stated that a useful formula is the cost plus 10%. He could not evaluate without hard figures on costs. Greg Lucas thought, if you took total costs and divided by gallons, this would be a good cost treatment figure. Manager McFadden stated it sounded simple and it was not, and he would explain when they sat down to discuss this. He had received from Mayor Cannell the 2003 audits of Washington Township and its Authority. Jean Davis asked if they took the operation and management budget and average daily flow, if they could come up with this number. Manager McFadden stated they could come up with any number they requested, but he was not sure if it was useful or not. He stated that they did not know what the Township sewage would be sending. The July 2004 CAP of Washington Township, filed for 2001-2004, gave flow-by-month averages, and the Borough had its flow charts also with all types of variables. The point was that the Borough’s bills were by actual usage for two months, not average flow.
Mary Ann Horne asked that the audits be sent to Scott Sayers and for the Manager to make an appointment to review them with the Township Authority. Robert Cogan requested a copy also of whatever was sent to the Township Authority be also sent to him.
Manager McFadden stated he was working on all the items and would be getting information to them as they progress.
A health care benefits meeting was to be held November 16, 2004 at 11:00 A.M. He had not heard back from the non-uniformed union representative as of yet. We have additional information and alternatives for next year, which we will be sharing with employees and Council.
A letter to Edinboro Regional Community Service, Inc. was the Manager’s resignation from the committee to allow a member from the Library Committee to be appointed. Mary Ann Horne stated that she saw a recommendation out of Harrisburg to maintain a library branch in the Borough.
FINANCE:
Mayor Cannell introduced the bills for payment. Mary Ann Horne moved to approve the submitted bills totaling $77,402.76, and Robert Cogan seconded. Chris Gillette asked about “Pete’s Most Wanted.” Manager McFadden explained it was the painter. Mr. Gillette asked if this was a project, and Manager McFadden explained the Borough policy was that quotes were taken for under $5,000.00 by phone and from $5,000.00 to $10,000.00 written quotes were obtained, and projects over $10,000.00 were put out for bid. The motion was approved by 7-0 voice vote.
Mayor Cannell introduced the payroll as submitted for the period ending October 23, 2004 and paid October 29, 2004 totaling $49,646.18. Mary Ann Horne moved to approve the payroll, and Robert Cogan seconded. Greg Lucas asked about police overtime. Manager McFadden stated he would get the details from Chief Craft. The motion approving the payroll, overtime reports and supplemental time sheets passed unanimously by a voice vote 7-0.
COMMUNITY LIAISONS:
EVFD Board Liaison - Robert Cogan reported they met last night. Discussion on training, operating board, Emergency Medical Services (EMS) and bylaws was held. Dave Patterson informed them of a Dollar General Store going in on Route 6N, on the north side next to the Young Mens’ Christian Association (YMCA). He also stated that there were plans for a hotel up the hill on land owned by the golf course. Jon Foulkrod stated that these developments were a safety concern and the Pennsylvania Department of Transportation (PennDOT) had not issued a permit yet for these.
Mr. Cogan noted that the fire department had concerns that a possible traffic signal at Fry Road and Route 6N would cause tractor-trailers going west to be unable to get up the hill and that the signal in that direction would have to be green at all times. The Fire Chief would like the Borough and Township to exchange information when possible of new developments to get each other’s input on safety concerns.
Washington Township Liaison – Mayor Cannell reported that Jean Davis was out of town, and he had attended the Township meeting. They discussed the fact that stop signs on state roads were the responsibility of the state. They also discussed a bike path study and getting rights-of-way from residents, approved the manager’s contract, renewed a contract for $10,000.00 with the General McLane School District (GMSD), discussed Mobil Home Parks and the Dollar General Store, and Chris Gillette and his father were there to discuss concerns.
Watershed Association – Mary Ann Horne reported that they would have a public meeting November 17, 2004, the same night as the Council’s budget meeting.
Joint Municipal Planning – Christopher Gillette stated he was not at the last meeting but would be there this month.
Other Old Business:
Because there was none, Mayor Cannell moved on to New Business.
NEW BUSINESS:
Mayor Cannell asked if there was any New Business.
Robert Cogan moved to send commendations to election judges and poll workers for a job well done on November 2, 2004. The motion was seconded by Christopher Gillette. Discussion followed on the turnout of a large number of voters. The motion passed by a 7-0 voice vote. Clifford Allen asked that they make sure all the names of the poll workers are received initially so no one is offended because his/her name is missing.
Robert Cogan stated that at the last meeting Manager McFadden presented information to Council on a noise ordinance. He requested the Ordinance Review committee schedule a meeting to handle this. The meeting was scheduled for November 24, 2004 at 5:00 P.M.
Christopher Gillette moved for adjournment, and with no objections, the meeting was adjourned at 8:08 P.M.
EXECUTIVE SESSION:
An executive session was held immediately following the meeting to discuss the next meeting with the Washington Township Council and Sewer Authority and to discuss a memo from Manager McFadden regarding the Mayor’s and Deputy Mayor’s requests regarding process. No action is to be taken, and the Mayor is to report regarding this executive session at the next Council meeting.
ATTEST:
___________________________ _____________________________
Manager E.R. Buck McFadden Mayor H. Robert Cannell
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
November 8, 2004
· Payment of bills
· Payment of payroll
· Minutes
·
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:
· Pension meeting Nov 10 Noon
· Budget Workshops 6:30 p.m. 11/15, 11/17
· Insurance meeting Nov 16 11 a.m.
· Council & Municipal Authority to meet with Washington Township Council & Authority November 30th 7 pm. In Council Chambers
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
November 8, 2004
Executive Session (Personnel) 6:30 p.m.
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, October 25, 2004.
Action: Motion to approve minutes
IV Persons Requesting Time to Address Council
A) Kelly Richard – regarding sponsoring 4 mile race July 3, 2005
1. Finance Committee/Pension Committee - Mary Ann Horne
a) Review fees schedule for 2005 especially inspection fees and permit fees
b) 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 - met executive session tonight 6:30 p.m.
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 28th with Washington Township
b) Executive session following Council meeting to set date and to discuss next meeting with Washington Township Council & Sewer Authority
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)
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- to process
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) Contact University Police Chief about studies of parking & traffic as well as class time dismissals. Look into options to alleviate traffic congestion
g) Work with Engineer & Solicitor & Staff to review DEP response to CAP & make necessary changes CAP and resubmit & have Mr. Wunz discuss with DEP & then in executive session update Council & Authority.
h) Prepare Ordinance or Resolution to legally form “Design Review Committee”
1 B) Health Care Benefit information meeting November 16, 2004 11AM
1C) Letter to Edinboro Regional Community Services, Inc. - FYI
2. Finance –
a) Authorization to approve bills to be paid October 25, 2004
Action: Motion to approve bills totaling $ 77,402.76
b) Authorization to approve payroll
Action: Motion to approve payroll ending October 23, 2004, paid Oct. 29, 2004, totaling $ 49,646.18
c)
3. Personnel
4 Public Safety
Emergency Management
Emergency Medical Service (EMS)
EVFD
d) Police –
e.) Employee Safety Committee
5. BOCA Code/Planning/Zoning –
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
E. OTHER OLD BUSINESS:
A.
VII. New Business
A.
VIII. Adjournment
REMINDERS:
Finance Meeting November 8th 1:30 p.m.
Budget Workshops 6:30 p.m. Nov 15, Nov 17
Next Council Meeting November 22 7 p.m.
CDBG Hearing Feb 14, 2005 6:45 p.m.
2004 Council Meeting Schedule:
November 8, November 22, December 6 at 7:00 P.M. and December 20 at 4:30 P.M.
©Copyright December 2004