HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
February 23, 2004
Call to Order:
The following Council members were present: Bob Cogan, Christopher Gillette, Mary Ann Horne, Greg Lucas and Jean Davis. Members absent were Clifford Allen and Mayor H. Robert Cannell. Also in attendance was E.R. McFadden, Borough Manager; and Marie Lander, Assistant to the Manager. Guests present were Mike Gloss, Jen Duda, Boy Scout Troop 176, Nancy Crawford and James Strand.
Deputy Mayor Horne introduced the minutes from the Regular Council meeting held February 9, 2004. Jean Davis moved for approval of the minutes and Christopher Gillette seconded. The minutes were approved by a voice vote of 5-0.
Mike Gloss, 1146 Maple Drive, Washington Township, was the leader present with Boy Scout Troop 176, which met in the United Methodist Church in the Borough. The Scouts were working on the Citizens in the Community badge and the Communications badge. They would be present for approximately one hour to fulfill their requirements.
James Strand, 11246 Route 99, Washington Township, was present to discuss parcels he was developing and selling, 1 – 2 lots per year. With the situation with the Department of Environmental Protection (DEP), he was there to request information on what he needed to do to sell his properties. He had two parcels under contracts that would run out the end of March, and he needed to sell the properties as this year’s income. Mr. Strand stated he talked to the DEP, and it stated the Borough had not fulfilled a request it had made of the Borough, so he could not get permit for the lots. He wanted Council to know that it was important to him as income he depended upon, and, secondly, as a resident of Washington Township, he thought the goal was to get effluent out of the Lake and that was on the shoulders of Edinboro. He stated that the DEP was not going away, and the Township buckled under its pressure, and it might be good sense for the Borough to abide by the DEP request. He felt it was an embarrassment that the effluent was going into the Lake and they were asking the citizens to swim in it. Mr. Strand asked the Council what it was going to do to help him get his permits. He noted that the Gillettes had a large subdivision in Washington Township, and if he lost his sale to the two people under contract, he may not be able to sell his property this year.
Mary Ann Horne stated that the Borough must also follow rules and today it delivered a report to the DEP-Meadville.
Manager McFadden stated that the action of the DEP-Meadville was affecting Mr. Strand’s property, which was included in the ban of 12/16/03 on new or increased connections. The second issue was a Civil Penalty issue on the same date of 12/16/03 for failure to file a plan, which had nothing to do with environmental situations. A plan could not be filed because it had to be a joint plan and the Borough could not do it itself. The ban affects his property. A lawful ban under Chapter 94 regulations was issued when a conveyance system was hydraulically overloaded in one of two ways. One was present or eminent harm to individuals or health (this is not stated in the ban). And the other was to file a corrective action to correct an overload. The ban stated that they had an existing overload and needed to file a joint plan. The Borough’s system was not hydraulically overloaded as reviewed by its engineers and staff. Prior to November 14, 2003, field observations and flow monitoring had been done and they are not hydraulically overloaded. The Environmental Hearing Board (EHB) stated, if flow in a portion of the system spilled into the environment, that was hydraulically overloaded. There were no spills from the system in 2004, all of 2003, and there was one spill in 2002, so if they had no spills, they were not hydraulically overloaded and the ban would be an illegal ban.
Mr. Strand stated that the DEP said that the Borough had not complied since 2000.
Manager McFadden stated that since 1995, there had been an annual range of zero to three spills in the whole town. In August 2000, the Lake flooded and that, combined with a power outage and the failure of a back-up generator resulted in seven spills. In August of the next year, 2001, we had an unusually heavy rainfall that also caused spills. Representatives of the Borough met the DEP-Meadville staff on January 9, 2004 and those representatives stated that they understood that the Borough was not hydraulically overloaded in an engineering sense.
Mr. Cogan stated that the Borough and Township were trying to come to an agreement as documented in a memo of February 20, 2004 from the Manager to Council. Mr. Cogan thought the new proposal showed cooperation. He had hoped that the Mayor and Solicitor would be at the meeting tonight to discuss this matter and hoped that Mayor Foulkrod of Washington Township, who normally attended the meetings, could have been asked what he thought.
Greg Lucas stated that the Township wanted the Borough to file a corrective plan when nothing needed correcting. He stated that they had delivered a report to the DEP and in the cover letter had asked the DEP-Meadville to re-evaluate the fines and ban. It all depended on the DEP, if it wanted to play hardball or not.
Mr. Strand stated that the DEP can cause people to buckle. They can play hardball.
Manager McFadden went on to explain that the system had been cameraed and was functioning very well. He said that the Borough had sent flow-monitoring data which DEP ignored. He stated to be a lawful ban, certain things must exist. Mr. Strand was encouraged to come into the Borough building during working hours at his convenience to see what the Borough had sent down to the DEP-Meadville, which consisted of data from 2003 and from previous years. A building permit could not be issued until the ban was lifted, but he could write to the DEP on Mr. Strand’s behalf, if he would like, to see if he could get a permit. The two requests in the STAY were the report that was filed today with the DEP-Meadville and the second was a report from the Joint Municipal Planning Commission (JMPC) within 180 days of January 27, 2004 regarding sewage discussions. They had already sent letters to the DEP on behalf of Our Lady of the Lake Church and Mike Redlawsk and would be willing to send one out for Mr. Strand.
Mr. Strand stated that DEP was less tolerant and they were at an impasse. The lack of ability for common area to get together caused the DEP to put pressure on the community, which was him, Mr. Strand stated. Mr. Strand went on to say he wanted to sell properties, and the DEP told him that it was Council who was holding him up. He informed Council that he had talked to Rich Hanks of Meadville to get this information.
Jean Davis stated that the Township was putting the sewage into the Lake, and the Borough had signed an agreement in 2001, which the Township did not sign.
Deputy Mayor Horne again asked Mr. Strand to come in and see the documentation and talk to Manager McFadden. Manager McFadden would draft a letter on his behalf to the DEP-Meadville tomorrow.
With no other persons requesting time to speak, the Deputy Mayor moved on to old business.
Committee Reports:
Finance Committee: Mary Ann Horne reported that they met earlier tonight before the Council meeting to review the lengthy January year-to-date statements compared to the budget. Any Council members interested in reviewing this information, please see Marie Lander.
Ordinance Review Committee: Jean Davis reported they met to work on the Public Indecency Ordinance 502 on February 10, 2004, and had sent it to the Solicitor for review. When it returned they would have a second reading, and on the third reading, they would adopt it.
Recreation/Lake/Environment Committee: Deputy Mayor Horne, in Clifford Allen’s absence, stated that their committee would review the YMCA contract enclosed in the packet and get back to the YMCA.
Public Safety Committee: Christopher Gillette stated they would meet February 25, 2004, at 6:30 P.M. to discuss Senate Bill 80. There was a police study of Mill Street and placement of ice rescue poles and the directions that should be placed on the Borough website regarding the poles.
Streets, Buildings, & Grounds Committee: Christopher Gillette reported they would also meet February 25, 2004 at 7:15 P.M. to discuss the proposed bathhouse and municipal building renovations.
Committee of the Whole: Deputy Mayor Horne reported they met February 16, 2004 with PNC Bank regarding financing options available, if necessary, for any joint projects for the wastewater treatment plant. No one from Washington Township or Franklin Township came to hear the presentation.
Deputy Mayor Horne reported that the solicitor was unable to attend but would be there for the March 8, 2004 meeting.
Mr. Robert Cogan asked about costs related to the DEP court case and requested an updated total in the next packet.
Jean Davis mentioned that some engineering expenses were not just related to the problem but would be routinely expected, for instance, for the annual Chapter 94 report that the Borough had to file.
MANAGER:
Manager McFadden stated since the report was filed with the DEP-Meadville, he would have a two week window to catch up on things.
He was working with Vicki Coffin regarding recycling figures presently, and Tom Schruers had talked with Bob Cannell regarding benches for the Kiwanis. Paperwork needed to be filed with Penn DOT for the four-way red light after midnight on the Route 99-Route 6N intersection. Discussion followed regarding an EUP football letter and it was agreed to send it out.
Memo dated February 20, 2004. Subject matter “Striving to Address or Arrive at the Needs of the Joint Update Revision Pursuant to Act 537 in the Context of the Joint Planning Commission Joint Comprehensive Plan Process per the Commonwealth Court Order of January 27, 2004” was available for review.
Deputy Mayor Horne introduced the bills for payment. Jean Davis moved to approve the submitted bills totaling $ 73,305.17, and Robert Cogan seconded. With no objections it passed by 5-0 voice vote.
Deputy Mayor Horne introduced the payroll as submitted for the period ending February 14, 2004 and paid February 20, 2004 totaling $52,930.85. Jean Davis moved to approve the payroll, and Robert Cogan seconded. The motion approving the payroll, overtime reports, and supplemental time sheets passed unanimously by voice vote 5-0.
January’s monthly financial analysis was available for Council’s review.
PUBLIC
SAFETY:
Police monthly reports
were available for review. Notice of Roy Luke’s Retirement party on March 5,
2004 was also in the packets.
BOCA Code/Planning/Zoning:
Monthly report was available for review as well as a letter to Edinboro Alliance Church dated February 11, 2004. Mr. Zamierowski was not present to have subdivision plans signed but would be there at the next meeting.
PUBLIC
WORKS:
Monthly report was
available as well as a letter of February 10, 2004 to PENELEC, and an
application for County Liquid Fuels funds for $14,818.00 for 2004 crack sealing
of various roads in the Borough.
The agreement for 2004 lifeguards with the YMCA was forwarded to the Recreation Committee to review. Robert Cogan asked if the hours could be changed and discussed since they are for early in the day and not evenings. Mary Ann Horne informed Council that the hours were cut because of budget issues and the mornings are when the YMCA brought children out to the Lake and they felt lifeguards were important when so many children would benefit. Jean Davis stated that perhaps the Township could also provide more help. Washington Township had contributed the last two years approximately $2,000 of the $10,000 cost of lifeguards, and if they increased their help, they could extend the hours.
WATER SYSTEM:
Water System monthly report and a Notice to Bid on Dump Body was available for review. Mr. Cogan asked what a dump body was. Manager McFadden explained that they purchased the cab and chassis from the Council of Governments (COG), and the remainder of the truck would be the body, hoist, and plow.
COMMUNITY DEVELOPMENT/PROJECT COORDINATION:
Mary Ann Horne informed the Boy Scouts present that funds from a Community Development Block Grant (CDBG) were being used to build a new bathhouse at the Lake.
The recycling newsletter was scheduled to go out in April, and any Council inserts should be ready by March 20th.
COMMUNITY LIAISONS:
Deputy Mayor Horne asked if any member had a report.
Robert Cogan reported he did not attend the EVFD Board Liaison meeting because he failed to call in his reservations on time. Manager McFadden reported that he had attended, and Dave Patterson did the swearing in due to Mr. Cogan’s absence. The Fire Department recognized four police officers for their work at three large fires in town. Officers Lawrence, Senz, Dunkle, and Spires received plaques.
Chris Gillette reported that at the Joint Municipal Planning Commission meeting they had discussed the Local Leaders’ Questionnaire Report, Washington Township’s land use changes and Manager McFadden’s overview and discussions on the infrastructure needs of the communities.
Other Old Business:
Updated 2004 committees, boards, and commissions with dates on which they were to meet were in the packets for Council’s use as requested by Mayor Cannell.
Proposal of 2/9/04 by Mayor Cannell regarding making new committees to review Local Leader’s Questionnaire Report was tabled until the Mayor returned.
Letter from Washington Sewer Authority was received requesting information. Manager McFadden stated he would gather the information and talk to Dave Anthony about it tomorrow at the sewer meeting.
Deputy Mayor Horne reported that Mayor Cannell was not present because he was in Scotland. While in Scotland, he was going to visit the Mayor of Edinburgh, Scotland. A letter to Lesley Hinds, Councillor and Provost of Edinburgh, Scotland from the Mayor of Edinboro, PA was in the packets and read by Deputy Mayor Horne.
An article regarding a class “We Must Act – Reinventing Our Communities for Future Prosperity” was in the packets, and any Council member interested in attending should contact Mayor Cannell or the Borough office.
NEW BUSINESS:
Mr. Cogan stated that an article in the Meadville Tribune stated that the Community Cable Channel #3 would be carrying other events. Bill Stafford of GEAR should be commended for his effort. Mary Ann Horne informed Mr. Cogan that Manager McFadden, Mayor Cannell, and she were on the committee that worked on this. Robert Cogan moved to commend the committee, and Jean Davis seconded. Manager McFadden was instructed to send a letter commending the committee. Discussion followed on old information on the channel.
Jean Davis reported that two weeks ago they prayed in church for the Borough and Township to work together to get water to the Dundon Road church. Yesterday they had petitions, one for the Borough and one for the Township, asking the Councils to work together toward getting water to the church. Jean Davis went on to say that she signed the petition because she wished they could get this going. She thought the big hold up was that the Township was making money on our cheap water, and if they wanted to rip off their customers, we should not interfere. Maybe with new councilpersons on both boards, they could work this out and cooperate someway.
Robert Cogan wanted to follow up on the minutes and request that clear instructions be given to the staff taking the minutes on writing comments or using the Roberts Rules of Order and only putting actions in the minutes such as motions if they passed or failed. This would cut down the length of the minutes being reproduced. The minutes are a legal document and subject to use in court and Mr. Cogan would rather his comments were not included unless he asked for them to be. Manager McFadden stated it would have to be all one way or not. If the Council members wanted the minutes to only reflect action and no comments, or if they wanted the minutes as they were presently would be up to them, but they would not give comments from one person and not another. Mary Ann Horne stated that she had been on Council for six years and she had no problem with the minutes. She felt the comments were needed. When she missed a meeting, she could find out what went on.
Robert Cogan motioned for adjournment and the meeting was adjourned at 8:16 P.M.
ATTEST:
___________________________ _____________________________
Manager E.R. Buck McFadden Mayor H. Robert Cannell
HIGHLIGHTS
February 23, 2004
· Payment of bills
· Payment of payroll
· Minutes
· Commending Community Cable Committee for their efforts.
POSTPONED
· Indecency Ordinance 502 – Ordinance Review Committee- Hearing Jan 26th – 2nd reading when returned from Solicitor
· YMCA Lifeguard Contract – sent to Recreation/Lake/Environment Committee
UPCOMING MEETINGS:
· Ordinance Review Committee - (Indecency Ordinance; Sign Ordinance & Codification) – Tuesdays 1 p.m. as needed
· Finance Committee – 6 :30 p.m. on Council meeting nights
· Public Safety Committee – SB80; Left turn out of Mill Street only; Where to have ice rescue polls and what to put on web page under lake for directions for use of polls, etc. – February 25th 6:30 p.m.
· Streets, Buildings & Grounds – building renovations and bathhouse – February 25th 7:15 p.m.
· Recreation Committee to review Lifeguard contract with YMCA and Washington Township
· Invite Greg Lessig to meeting of Council to be honored for service to Council & Authority over the years (March 8th) – invite newspaper photographer and/or take digital picture for distribution and publicity
· Picture for presentation Roy Luke March 5th Retirement party
· Letter commending Community Cable Channel Committee
· Letter to DEP-Meadville on Mr. Strand’s behalf
· Up to date running totals on engineer and litigation for Mr. Cogan
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
February 23, 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 __Absent_____, Manager McFadden ____, Solicitor Marsh ____.
III. Approval of Minutes:
· Regularly Scheduled Meeting February 9, 2004.
Action: Motion to approve minutes
IV Persons Requesting Time to Address Council
1. Finance Committee/Pension Committee - Mary Ann Horne – Met 2/23 6:30 p.m.
2. Ordinance Review Committee –Jean Davis - met Feb. 10th a) Public Indecency Ordinance 502sent to Attorney for review
b) Codification – awaiting return from Penns Valley
c) Sign Ordinance
d) Grease Ordinance
3. Personnel Committee – Kip Allen
4. Recreation/Lake/Environment – Kip Allen
5. Public Safety – Chris Gillette – to meet March 1st 6:30 p.m.
a) Senate Bill 80
b) Police Study of Mill Street
c) Placement of ice rescue polls and what directions to be placed on website
6. Street, Buildings, and Grounds – Chris Gillette - to meet March 1st 7:15 p.m.
a) Building renovations
7. Committee of the Whole – Met February 16th with PNC Bank regarding financing options available if needed.
B. Solicitor's Report:
1. DEP EHB Docket 2000-125- R (PADEP Order of May 9, 2000) – Appealing decision
2. Bulk Water agreement with Washington Township – no new information
3. Borough of Edinboro v. City of Erie - Nothing new to report
4. Laws regarding e-mails from and/or to Council members and Sunshine Law
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) add EUP calls to EVFD data 1999-2003 for percentage sharing cost auto insurance
c) Report of recycling numbers for last three years for Council review when available. – Vicki Coffin working on 2003
d) Compose letter from Municipal Authority & Council with Attorney Marsh to all sewer customers regarding facts on EHB appeal.
f) See if PennDot would allow four-way red after midnight on Rt 99/6N
g) Let Kiwanis know number of benches needed and where they would be put – T. Schruers working on.
h) See if DA’s office will give grant toward K-9 use in County- Chief Craft looking into this
i) Letter to EUP football team regarding 2003 season
j) Invite Greg Lessig to meeting March 8th to honor him for service to Authority – waiting to find out about prints.
1B) Memo February 20, 2004 - FYI
2. Finance
a) Authorization to approve bills to be paid
Action: Motion to approve bills totaling $73,305.17
b) Authorization to approve payroll
Action: Motion to approve payroll ending February 14, 2004, paid February 20, 2004, totaling $ 52,930.85
c) January Monthly analysis
3. Personnel
a)
4 Public Safety
a) Emergency Management
b) Emergency Medical Service (EMS)
c) EVFD
d) Police – Monthly Report & Canine Report
1) Notice of Roy Luke Retirement party
e.) Employee Safety Committee –.
5. BOCA Code/Planning/Zoning - Monthly Report
a) Letter to Edinboro Alliance Church - FYI
b) Subdivision – sign plans
6. Public Works – Monthly Report
a) Sanitation
b) Building & Property
c) Streets/Storm Sewers/Signals/Signs
1) Letter of Feb 10th to PENELEC – FYI
2) County Liquid Fuels $14,818 for crack sealing of various roads in 2004 – ACTION MOTION TO ACCEPT
d) Park & Recreation
1) Agreement Lifeguards – Action Motion to accept
e) Lake
f) Dam
g) Recycling Leaves
7. Wastewater Collection & Treatment
8. Water System – Monthly Report
a) Notice to bid Dump Body – FYI
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 – Met 2/12
12. EUP Administration – Bob Cannell
13. Watershed Association – Mary Ann Horne (December Minutes)
14. Joint Municipal Planning – Chris Gillette
Other Old Business –
1. Updated 2004 committees, boards, and commissions lists - FYI
2. Mayor Cannell’s proposal 2/9/04 to make new committees to review Local Leader’s Questionnaire Report – Council members to review and give recommendations
A. Washington Sewer Authority – Request
B. Letter from Mayor Cannell to Lesley Hinds - FYI
C. “We Must Act – Reinventing Our Communities for Future Prosperity” – Those interested in attending contact Mayor Cannell and Marie
VII. New Business
VIII. Adjournment
REMINDERS:
Finance Committee February 23 6 p.m.
Public Safety Committee March 1st 6:30 p.m.
Building, Streets, & Grounds Committee March 1st 7:15 p.m.
Retirement Party – Roy Luke – March 5th
Bid for Dump Body opening 1 p.m. March 5th
Authority Meeting March 8th 5 p.m.
Finance Committee March 8th 6:30 p.m.
Award bids for dump body March 8th 7 p.m. meeting
2004 Council Meeting Schedule:
February 23, March 8, March 22, April 12, April 26, May 10, May 24, June 14, June 28, July 12, July 26, August 9, August 23, September 13, September 27, October 11, October 25, November 8, November 22, December 6 at 7:00 P.M.
and December 20 at 4:30 P.M.
Go Back to Home
Go Back to Community Resources
Go Back to
Calendar of Meetings
©Copyright March 2004