HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
November 22, 2004
Call to Order:
The following Council members were present: Mayor H. Robert Cannell, Mary Ann Horne, Bob Cogan, Jean Davis and Christopher Gillette. Members absent were Clifford Allen and Greg Lucas. Also in attendance were: E.R. McFadden, Borough Manager; Solicitor Ritchie Marsh, and Marie Lander, Assistant to the Manager. Guests present were: Steve O’Neill and Ryan Smith of the Meadville Tribune.
Mayor Cannell introduced the minutes from the CDBG Hearing held October 25, 2004. Mary Ann Horne moved for approval of the minutes, and Jean Davis seconded. After discussion and corrections by Robert Cogan the motion passed by 5-0 voice vote.
Mayor Cannell introduced the minutes from the Regular Council Meeting of November 8, 2004. Mary Ann Horne moved for approval of the minutes, and Robert Cogan seconded and with no objections, the minutes were approved by 5-0 voice vote.
Mayor Cannell opened the floor for any wishing to address Council. Because there was no one, the Mayor moved on to old business.
Committee Reports:
Finance Committee: Mary Ann Horne asked Jean Davis to report since she was unable to attend today’s meeting. Jean Davis reported that she attended the health care meeting and then stayed to review the purchase orders and invoices and saw nothing that needed to be reported to Council.
Ordinance Review Committee: Jean Davis reported that they did not meet but scheduled a meeting for 4:00 P.M. on November 24, 2004.
Committee of the Whole: Mayor Cannell reported that they would meet November 30, 2004 with the Washington Township Council and Authority. Mayor Cannell stated he had composed a comparison of partnerships and contract agreement with advantages and disadvantages. Mary Ann Horne requested that the Board see the comparison before it is given to Washington Township. Robert Cogan agreed with Mary Ann Horne and thought it should be positioned for a side-by-side comparison and show which position the Council would take, that it was favorable, unfavorable, or needed more concrete information. Mr. Cogan stated that the Council needed to hear from the Solicitor and Manager on points in the 2001 proposals and the letter from Dave Anthony, which was ten months old. Mr. Cogan went on to say that the Council ordered the Solicitor and Manager to meet with Washington Township on these points and they should be able to address the points whether it is yes, no, why, because, compromise, points, etc. If Council doesn’t have this, it should not be meeting November 30, 2004.
It was decided to meet in executive session at the end of the meeting to discuss this further. Robert Cogan moved for an executive session at the end of the meeting and Mayor Cannell seconded.
Jean Davis stated that one path they did have was that professional people were meeting, and they needed their input. Mary Ann Horne asked the Manager how close he was with the information. Manager McFadden felt he could have some supplemental information available by Wednesday afternoon, so they could talk on Monday night in anticipation of Tuesday’s meeting with the Township.
The motion to hold an executive session at the end of the Council meeting passed by 5-0 voice vote.
SOLICITOR’S REPORT:
Mayor Cannell asked Solicitor Marsh if he had anything to report.
Solicitor Marsh reported that were doing depositions and would have a status report by the end of the month.
Mayor Cannell stated the hearings were scheduled for May 17-20, 2005.
Solicitor Marsh reported that when taking depositions on the penalty of Mr. Gilson, there seemed to be some progress with the Department of Environmental Protection (DEP), and they decided to extend the hearing date so an amicable resolution instead of a hearing could be worked out.
Manager McFadden stated that all items were in process.
There was a meeting today on health care benefits with Dave Gordon of DAVEVIC, non-uniform personnel and their union representatives, the police, management; and Council representatives Bob Cannell and Jean Davis. The meeting was an informative discussion of options.
Manager McFadden would talk more with the police tomorrow afternoon on all items and meet with the Finance Committee early next week to review the status. He was also in the process of obtaining comparables from other SSHE municipalities and Erie County regarding wages and health care.
Mayor Cannell asked if everyone had looked at the General Fund Budget and that they would meet on November 29, 2004 at 6:30 P.M. to discuss this further. Mayor Cannell stated he also had concerns about this and would discuss it in the executive session.
Manager McFadden informed Council that the legislature had passed the higher ceiling for Occupational Privilege Tax (OPT) and re-titled it the Emergency and Public Safety tax, which would be effective as soon as the Governor signed the bill. The ceiling has been raised to $52.00 a year, and the General McLane School District (GMSD) would still receive $5.00 per year. Discussion followed on enacting the new ceiling and options on collections. It was agreed to think about this and to discuss it further at the Monday November 29, 2004 meeting.
FINANCE:
Mayor Cannell introduced the bills for payment. Mary Ann Horne moved to approve the submitted bills totaling $27,444.10, and Jean Davis seconded. Robert Cogan asked about the Securitas Security Services, Inc. invoice, and Manager McFadden stated it was the security for Homecoming when they towed vehicles. Mayor Cannell asked about the Herbert, Rowland & Grubic, Inc. (HRG) invoice and discussion followed. It was agreed that the Manager would make sure that a letter reflected the understanding that HRG was now working in place of Lake Engineering on the Act 537 Plan and the Corrective Action Plan (CAP) for the Waste Water Collection & Treatment (WWCT) Department. The motion to approve the invoices was approved by 5-0 voice vote.
Mayor Cannell introduced the payroll as submitted for the period ending November 6, 2004 and paid November 12, 2004 totaling $51,969.06. Jean Davis moved to approve the payroll, and Robert Cogan seconded. Mayor Cannell noted that the overtime on the police payroll was for the tobacco task force and the Borough would be reimbursed. The motion approving the payroll, overtime reports and supplemental time sheets passed unanimously by a voice vote 5-0.
Resolution 16, 2004 was introduced by Manager McFadden as follows:
HOME RULE BOROUGH OF EDINBORO
RESOLUTION 16-2004
WHEREAS, the Home Rule Borough of Edinboro (the "Borough"), on January 1, 1952 established, a retirement plan for certain of its employees, known as the Borough of Edinboro Police Pension Plan (the "Plan"), which was adopted pursuant to Act 600; and
WHEREAS, the Borough reserves the right to reduce or eliminate Participant Contributions below the mandated rate of five percent (5%) of compensation subject to certain conditions on an annual basis; and
WHEREAS, the Borough received confirmation from the Plan's Actuary with respect to the Participant Contributions and the actuarial soundness of the plan;
NOW, THEREFORE, BE IT RESOLVED by the Home Rule Borough of Edinboro Council that, effective January 1, 2005, and continuing through and including December 31, 2005, the amount of Participant Contributions due shall be five percent (5%) of compensation.
RESOLVED this 22nd day of November 2004.
Mary Ann Horne moved, and Jean Davis seconded to adopt resolution 16-2004 as presented. It was explained this is the resolution they must adopt, either setting a rate or allowing reduction or elimination of contributions annually prior to January of each year to commence January 1st. The motion passed by a 5-0 roll call vote: H. Robert Cannell, yes; Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, yes; Mary Ann Horne, yes; Gregory Lucas, absent, and Clifford Allen, absent.
Personnel Committee: Health Care was discussed previously.
Jean Davis asked that the Manager bring information on the Health Reimbursement Account (HRA) to the budget meeting on Monday.
POLICE: The monthly reports were available for review.
BOCA CODE/PLANNING/ZONING : The monthly report was available for review.
PUBLIC WORKS: The monthly report was available for review.
WATER SYSTEM: The monthly report was available for review.
COMMUNITY DEVELOOPMENT/PROJECT COORDINATOR: The monthly report was available for review.
Mayor Cannell noted that the basketball court resurfacing and bathhouse had to be rebid.
Robert Cogan asked if a Community Development Block Grant (CDBG) could be used for obtaining vacant lots and discussion followed.
Other Old Business:
Mary Ann Horne asked that the Zoning Administrator look into the Boron lot, which was being used for selling rugs as well as the Sunoco lot, which was being use to sell furniture. She wanted to know if the owner was aware of their presence and also if they had solicitation permits. She also discussed the vacant lot also having car sales again.
The BP station was another question by Mary Ann Horne as to its being a used car lot or repair shop since some of the vehicles have been there since they opened. Manager McFadden would discuss this with the Zoning Administrator.
Manager McFadden reported that the bathhouse diagram Council had received in the mail was the same footprint of an earlier drawing without the storage space so it had been shortened. If this was all right with Council, Roth Marz would be willing to rebid it at the original cost of $8,800.00, which had not all been billed as of this date. If acceptable, they would advertise for early 2005 to get those contractors needing early work to bid on it, and it should be done by the middle of May. This would allow flex time between the date of award and the completion date. Robert Cannell moved to approve the plans for re-bidding by Roth Marz, and Jean Davis seconded. The motion passed by 5-0 voice vote.
Robert Cogan reported that he attended a conference October 22, 2004 in Carlisle, PA on Law & Municipal Government and brought back information for the Solicitor. They discussed sign ordinances, curfews, takings, and rezoning to prohibit building in flood plain areas. He felt it was a very good conference.
Communications:
There was a letter from the Erie Motorcycle Club, Inc., requesting the use of the meeting room and thanking Council. Discussion followed regarding concerns as to who they were and the policy for use of the building. It was noted they had used the room for years and never evoked any complaints.
NEW BUSINESS:
Mayor Cannell asked if there was any New Business.
The Mayor presented a list of meeting dates for 2005, and with no objections, the dates would be advertised for 2005.
Letters were sent to those to be reappointed to committees and boards for 2005 and a list was available for review by Council.
Robert Cogan had a question regarding Edith Williams’ complaint about sidewalks being a disgrace. He wondered if it was legal and economically feasible to assist residents in grinding down any sidewalks sticking up or to reset the sidewalk for a fee or for free. He asked the Manager and the Solicitor what they thought. Manager McFadden stated that by ordinance residents were required to put sidewalks in and repair those sidewalks. It is inappropriate to use Borough funds to benefit an individual property, and it is a liability issue that if the Borough becomes part of the maintenance, it becomes our liability. Regarding the fee, we would be competing with contractors who may get upset. Also, we would have to make priority list as to what is done presently by the Public Works Department as opposed to the issue of sidewalks. Mr. Cogan stated that if residents have to correct problems, they may be in nasty opposition to repairs.
Mayor Cannell recessed the meeting at 8:22 for an executive session.
EXECUTIVE SESSION:
An executive session was held to discuss issues in the negotiation with the Washington Township Council and Sewer Authority. Council also discuss discussed union contracts for 2005 and 2006. Discussion would continue after the budget meeting November 29, 2004 prior to meeting with Washington Township November 30, 2004. No action was taken.
Jean Davis moved for adjournment, and with no objections, the meeting was adjourned at 9:08 P.M.
ATTEST:
___________________________ _____________________________
Manager E.R. Buck McFadden Mayor H. Robert Cannell
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
November 22, 2004
· Payment of bills
· Payment of payroll
· Minutes
· Resolution 16-2004 – Participant contribution 2005 5% for police
· Approve plans & rebidding of bathhouse by Roth Marz
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. 11/29
· Ordinance Review Committee 11/24 4 p.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 22, 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 _ABSENT _, Mayor H. Robert Cannell _______, Manager McFadden ____, Solicitor Marsh _ _, and Marie Lander, Assistant to the Manager ____.
III. Approval of Minutes:
· CDBG Hearing, October 25, 2004.
Action: Motion to approve minutes
· Regularly Scheduled Meeting, November 8, 2004.
Action: Motion to approve minutes
IV Persons Requesting Time to Address Council
A)
1. Finance Committee/Pension Committee - Mary Ann Horne
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) Noise Ordinance
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) Advertise meeting for November 30 with Washington Township
b) Report on executive session Nov 8th following Council
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
Consolidated with Edinboro v. DEP, EHB Docket No. 2004-017-R, Appeal of Undated Assessment
a)
3. Bulk WWCT agreement with Washington Township - no report
4. Borough of Edinboro v. City of Erie – no report
C. Manager's Report:
1 A) Manager instructed to:
a) Get changes to Penns Valley from meeting with Ordinance Review regarding admin section of recodification
b) Discuss with Tri-County Industries about other days to pickup & dumpster pickup on Lakeside for summers- to process
c) Letter in support of Erie Zoo put on cable station & website– mention we would encourage citizens to support and join the local zoo
d) Contact University Police Chief about studies of parking & traffic as well as class time dismissals. Look into options to alleviate traffic congestion
e) 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.
f) Prepare Ordinance or Resolution to legally form “Design Review Committee”
1 B)
2. Finance –
a) Authorization to approve bills to be paid November 22, 2004
Action: Motion to approve bills totaling $27,444.10
b) Authorization to approve payroll
Action: Motion to approve payroll ending November 6, 2004, paid November 12, 2004, totaling $ 51,969.06 Police Overtime (6hr) will be reimbursed by Tobacco task force.
c) Resolution 16-2004 – Police 5% contribution to Pension – ACTION
3. Personnel
a) DAVEVIC November 22 1p.m. Discuss Health Care Options
4 Public Safety
Emergency Management
Emergency Medical Service (EMS)
EVFD
d) Police – Monthly Report
e.) Employee Safety Committee
5. BOCA Code/Planning/Zoning – Monthly Report
6. Public Works – Monthly Report
a) Sanitation
b) Building & Property
c) Streets/Storm Sewers/Signals/Signs
d) Park & Recreation
e) Lake
f) Dam
g) Recycling Leaves
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:
A. Erie Motorcycle Club, Inc. - FYI
VII. New Business
A. Set Dates for 2005 meetings
B. Letters where sent to committee members who will be reappointed in 2005
VIII. Adjournment
REMINDERS:
Finance Meeting November 22nd 1:30 p.m.
Meeting Borough Council & Municipal Authority with Washington Township Council & Authority November 30th 7 p.m. – Borough Building
Next Council Meeting December 6th 7 p.m.
CDBG Hearing Feb 14, 2005 6:45 p.m.
2004 Council Meeting Schedule:
November 22, December 6 at 7:00 P.M. and December 20 at 4:30 P.M.
©Copyright December 2004