HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
December 6, 2004
Call to Order:
The following Council members were present: Mayor H. Robert Cannell, Mary Ann Horne, Clifford Allen, Greg Lucas, Bob Cogan, Jean Davis and Christopher Gillette. Also in attendance were: E.R. McFadden, Borough Manager; Solicitor Ritchie Marsh, and Marie Lander, Assistant to the Manager. Guests present were: Dave Zamierowski, Tom Schruers, Butch Shafer, Rob Kennerknecht; Jon Foulkrod, Mayor of Washington Township; and Nancy Crawford.
Mayor Cannell introduced the minutes from the Regular Council Meeting of November 22, 2004. Mary Ann Horne moved for approval of the minutes, and Jean Davis seconded, and, with no objections, the minutes were approved by 5-0-2 voice vote. Clifford Allen and Greg Lucas abstained because they were absent November 22, 2004.
Mayor Cannell opened the floor for any wishing to address Council.
Nancy Crawford, 202 Elm Street, asked Council to address the proposed tax increase she had heard about. It was agreed to discuss this later in the meeting when the budget would be presented for advertising.
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 the committee met with Mayor Cannell present and reviewed invoices, payroll and discussed the general fund budget.
Ordinance Review Committee: Jean Davis reported that they had a meeting November 24, 2004 that she apologized for missing. Dave Zamierowski provided packets for review by the committee members and they agreed to schedule a meeting in January to continue with the open items.
Committee of the Whole: Mayor Cannell reported that they met November 30, 2004 with the Washington Township Council and Authority. He felt the it was a good productive meeting and they had a full Council present. Jean Davis and Mary Ann Horne had met with Manager McFadden regarding most of the information for changes. Most of the changes had been or will be made as discussed. Jean Davis, Dan McLaughlin, Manager McFadden and the solicitor will have the agreement ready for a December 14th meeting with the Washington Township Council and Authority.
SOLICITOR’S REPORT:
Mayor Cannell asked Solicitor Marsh if he had anything to report.
Solicitor Marsh reported that the Department of Environmental Protection (DEP) had approved the Corrective Action Plan (CAP) as presented, and it would be removing the ban. He felt that he would be meeting shortly with the DEP attorney before the Environmental Hearing Board (EHB) to have it removed.
Manager McFadden stated that he had talked to Penns Valley Publishers and he would be getting the administration section to them by the end of the year. He asked the Ordinance Review Committee if he could get with them individually on his changes before submitting. The members of that committee had no objections.
Manager McFadden was waiting to hear back from Tri-County Industries about other days for pickups in 2006. He was getting traffic studies from Mr. Coleman and Mr. Sheehan from Edinboro University of PA (EUP) as requested. Regarding the Design Review Committee, after discussion with Dave Zamierowski, he would modify the Housing Review Board (HRB) for this purpose and be ready for the January meeting. Regarding the Herbert, Rowland & Grubic, Inc. (HRG) letter of understanding on work being performed, that would be reviewed with Chuck Wunz, who was in town working today and tomorrow.
There was a question on the closed gas stations and the selling of vehicles on those properties, and it was felt that it would be best to have the Joint Municipal Planning discuss this since our ordinance might be deficient on this issue and the Joint Municipal Plan (JMP) draft should be ready this spring.
Advertising for the Emergency & Municipal Services (EMS) Tax was in the packets, and discussion followed regarding the full amount of $52.00 per annum netting $225,600.00 maximum from projections of current Occupational Privilege tax. Mayor Cannell asked about advertising in the Erie Times News and not the Meadville Tribune, and Manager McFadden stated with the large amount of funds involved, it was best to have the newspaper with the largest circulation handling the advertisement. It was also noted that this new tax would replace the Occupational Privilege Tax.
Manager McFadden presented the information on the Pennsylvania Economy League (PEL) University Impact Study for authorization and signing. The cost has gone up $670.00, and he was asking Council if it wished to continue participating or not. Jean Davis motioned, and Robert Cogan seconded to authorize Manager McFadden to send the check for $13,170.00 for the PEL University Impact Study as budgeted in 2004.
Manager McFadden stated that it was thought to take nine months, and the results should be in the end of 2005. The motion passed by 7-0 voice vote.
Manager McFadden presented a spreadsheet for discussion regarding advertising the 2005 budget for action. He stated that they needed to advertise this week for adoption, and they had for consideration a couple of ways to look at 2005. He stated that, by the codes, they could advertise a certain dollar amount and tax rate, and if they acted on a lesser amount, there would be no need to re-advertise and have a special meeting, but if they advertised something lower and raised the amount, then they would need to re-advertise. Manager McFadden went on to say that he had prepared options to help them with the right-most column being the high-end option with the EMS tax converted from the Occupational Privilege Tax (OPT); an increased Rental Unit fee from $25.00 to $35.00 per year; raising the current millage from 2.3 to 2.95 mills, which included dedicated millage for the Minimum Municipal Obligation (MMO), which leaves us with an ending carryover $86,358.00. We are considering receiving the full $47.00, with $5/00 going to GMSD. We had a 40% shortfall this year because of an error by the State System of Higher Education (SSHE) in collecting. SSHE used $10,000.00 as the exemption from OPT across the board when our ordinance stated $1,000.00 or less was exempt. We discussed this in the Finance Committee meeting today on the EMS Tax using the $12,000.00 exemption, and that would give us less than 40% or a shortfall of $79,000.00 or more, which would drop the $86,000.00 at a 2.95 real estate millage.
Manager McFadden added that the next column to the left was the same except with only a .182 millage increase from 2.30 to 2.482, which would drop out at 100% collection of EMS Tax at $11,000. Mayor Cannell asked for another meeting to discuss the budget.
Jean Davis motioned to advertise the budget right-hand column figures, and then they could work down. She did not favor an increase, but they needed to advertise to make residents aware of the possibility. Robert Cogan seconded the motion and discussion followed. Christopher Gillette asked about the option of the C.Saver 500 with regard to employee health insurance, and it was reported that in the last budget workshop they had to communicate to the insurance company that week on the option, and it was agreed the 8% increase of the Health Maintenance Organization (HMO) was better than the possible 12% increase of the C.Saver 500 option with the Borough picking up deductibles. Clifford Allen stated that he understood advertising the higher amount and backing off, but he wanted Council to be aware that people would panic with a worst case scenario.
Manager McFadden stated then they could advertise the next column. He stated that we need fifteen days and three weeks to advertise. A $100,000.00 home at 2.95 millage would pay an additional $65.00, and the other option was $18.00. Manager McFadden also reminded Council that if we did not get the City of Erie Earned Income Tax (EIT) problem worked out, there would be an additional $15,000.00 minimum outfall. On the floor was the 2.95 option. Christopher Gillette stated that the earlier estimate was for $240,000.00 for the EMS tax and now it was $225,600.00. Manager McFadden stated that was estimating on $25,000.00 annually of OPT when we actually get approximately $24,000.00 a year. Christopher Gillette stated that whatever the allocation will be, it will all be spent. Jean Davis withdrew her motion.
Jean Davis moved to advertise the second-from-the-right column with the proposed EMS tax; the increase in rental permit fees; and 2.482 for real estate millage. Mary Ann Horne seconded and discussion again followed. Robert Cogan stated this was very lean difference between income and expenses and felt they should hold a public meeting to get input. Jean Davis stated that only those not wanting a tax increase would come. Christopher Gillette stated that they cannot fail to meet just because they did not want to hear what they had to say, and he also felt that management should be here to hear it also. Robert Cogan stated that government has gone through four rounds of federal tax cuts and people received more money back, and local governments should be able to recover from the residents with over twenty-two pages of aid to states and local governments, which have been cut or cut back. We need to tell residents we are funding the cuts. We should advertise the largest increase and abide by what we decide.
Clifford Allen stated that the option contained an increase in rental fees of $10.00 a year and wondered if Manager McFadden had reviewed the West Chester decision. Manger McFadden felt that he did not recommend doubling the fee, but a $5.00 or $10.00 increase was appropriate. Clifford Allen asked Jean Davis since she withdrew her motion, which option she felt most comfortable with. Jean Davis stated she felt the higher, but felt if Council did not, then somewhere in between the 2.482 and 2.95, and that would give a little room if the $50.00 EMS tax did not work.
Manager McFadden informed Council that the last meeting with Erie regarding the Earned Income Tax (EIT) was cordial, but they did not agree to anything. The motion on the floor failed by 3-4 voice vote.
Discussion followed and Jean Davis moved to advertise the budget with 2.72 real estate tax; EMS tax at full collection; and the Rental Unit license increase of $10.00. Mary Ann Horne seconded the motion and it passed by 5-2 voice vote.
Jean Davis moved that management employees get an increase the same as the other employees, and Mary Ann Horne seconded. Christopher Gillette thought bargaining unit own management, and if management got 1-2% increase or no increase, the others would agree to the same in contract negotiations. Manager McFadden stated that he sensed that Jean Davis’ motion was intended to make sure that management did not get less than other employees in collective bargaining units, which meant the non-uniform employees and the police. Robert Cogan thought the intent of the motion was modest since the consumer price index was 3.8%, and management would have a fall in real income. The motion passed by 5-2 voice vote.
Council agreed to meet December 13, 2004 and December 15, 2004 at 6:30 P.M. to review the advertised budget.
FINANCE:
Mayor Cannell introduced the bills for payment. Clifford Allen moved to approve the submitted bills totaling $80,808.79, and Mary Ann Horne seconded.
The motion to approve the invoices was approved by 7-0 voice vote.
Mayor Cannell introduced the payroll as submitted for the period ending November 20, 2004 and paid November 26, 2004 totaling $51,397.25. Mary Ann Horne moved to approve the payroll, and Robert Cogan seconded. The motion approving the payroll, overtime reports and supplemental time sheets passed unanimously by a voice vote 7-0.
Public Safety – Emergency management – Robert Cogan stated he would attend, on Council’s behalf, a training program to address the issue of emergency response. The program would be conducted by Nick Sleptzoff of the Erie County Department of Public Safety.
EVFD Board liaison -
Robert Cogan reported that there had been a meeting held during which they worked on cutting many items from the budget, and changes may still be forthcoming with the adoption of new bylaws. The fire department has changed vehicle insurance companies, which will give a savings of $600.00 to the Borough, which pays the insurance.
Authority –
Manager McFadden reported that a joint executive session of Council and the Authority was held this evening from 5:30 to 7:00 P.M. in the Council workroom to discuss the status of the 537 Joint Plan revision with advisors. Robert Cogan stated that the meeting was positive and they were informed that the engineer [Chuck Wunz] was meeting Steve Halmi, Washington Township’s engineer, tomorrow. Jean Davis stated that the engineer also informed them that Mr. Halmi was going a good job and cooperating, and they were working well together. Mayor Cannell felt the new engineer was showing great leadership in this project.
Communications:
Because there were none, Mayor Cannell asked for any new business.
NEW BUSINESS:
Mayor Cannell asked about having beverages and cookies or cake for the final meeting of the year of Council. Discussion followed and no decision was made.
Greg Lucas reported that he met with the two mayors of Washington Township and Edinboro Borough as well as Alan Kuglar to get the question of forming a study commission to consider consolidation on the ballot in May. He would be putting a petition out for signatures in December and would need twenty-six (26) for the Borough and forty-three (43) for the Township, and he felt there would be no problem getting them. These numbers represented 5% of those who voted in the last election. People wishing to be considered as members of the study commission needed to get 2% or ten (10) signatures in the Borough and twenty (20) signatures in the Township to be on the ballot. They cannot get signatures until February, so he asked the Council members, if they knew of anyone interested, to get them ready.
Clifford Allen stated that he had wished the two (2) local governments had initiated action for a study commission instead of one initiated by citizens’ direction as Mr. Lucas is doing. Governing bodies would have had more input if done by the two governments. Mary Ann Horne stated this was not the way she wished to go. She wanted it done by the governing bodies also.
Mary Ann Horne moved for adjournment, and with no objections, the meeting was adjourned at 8:25 P.M.
ATTEST:
___________________________ _____________________________
Manager E.R. Buck McFadden Mayor H. Robert Cannell
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
DECEMBER 6, 2004
· Payment of bills
· Payment of payroll
· Minutes
· PEL University Impact Study – send check $13,170
· Advertise budget with EMS Tax $52; Rental Unit $35 yr; 2.72 mills real estate
· Schedule Budget workshops Dec 13 and Dec 15th 6:30 p.m
· Motion that management received FY2005 pay increase same as other employees, i.e. 3%.
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. 12/13;12/15
· Council & Municipal Authority to meet with Washington Township Council & Authority December 14th 7 pm. In Edinboro Municipal Building
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
December 6, 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, November 22, 2004.
Action: Motion to approve minutes
IV Persons Requesting Time to Address Council
A)
1. Finance Committee/Pension Committee - Mary Ann Horne
a) Meeting held to discuss budget Nov 29th –
b) Review Dec 6th - 1:30 p.m.
2. Ordinance Review Committee –Jean Davis Met Nov 24th 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) Report on meeting for November 30 with Washington Township
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) December 1, 2004 Proposed Cap revision – FYI
b) December 2,2004 letter from DEP & news release
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) Prepare Ordinance or Resolution to legally form “Design Review Committee”
f) Make sure that a letter to HRG reflects the understanding that HRG was now working in place of lake Engineering on 537 Plan and CAP for WWCT Dept.
g) Check on rug & furniture sales in closed gas stations. Also cars for sale in empty lot. And corner old BP used car lot or repair shop?
1 B) Emergency & Municipal Services Tax – Advertised for action Dec 20th
1 C) PEL University Impact Study – authorize signing
1 D) 2005 Budget – Advertise for action Dec. 20th
2. Finance –
a) Authorization to approve bills to be paid December 6, 2004
Action: Motion to approve bills totaling $80,808.79
b) Authorization to approve payroll
Action: Motion to approve payroll ending November 20, 2004, paid November 26, 2004, totaling $ 32,126.76.
c)
3. Personnel
4 Public Safety
Emergency Management - notice on program to be held Dec 9th
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 Dec 6th 1:30 p.m.
Next Council Meeting December 20th 4:30 p.m.
CDBG Hearing Feb 14, 2005 6:45 p.m.
2004 Council Meeting Schedule:
December 6 at 7:00 P.M. and December 20 at 4:30 P.M.
©Copyright December 2004