HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
February 9, 2004
Call to Order:
The following Council members were present: Clifford Allen, Bob Cogan, Christopher A. Gillette, Mary Ann Horne, Greg Lucas, Jean Davis, and Mayor H. Robert Cannell. Also in attendance was E.R. McFadden, Borough Manager; Dave Zamierowski, Code Enforcement Office; and Marie Lander, Assistant to the Manager. Guests present were Tracy Halmi, Jen Duda, Nancy Crawford, and Jon Foulkrod.
Mayor Cannell introduced the minutes from the CDBG Hearing and Regular Council meetings held January 26, 2004. Jean Davis moved for approval of the minutes and Mary Ann Horne seconded. The minutes were approved by voice vote of 7-0.
Tracy Halmi, 112 Sunset Drive. Tracy Halmi was present first to thank the Public Works crew for a great job on the roads. She was able to get out every morning during the snow and ice days. Secondly she asked about Jim McEldowney’s request for costs on the DEP issue. Manager McFadden stated with the auditors were done with the audit he would be sending her copies of the figures. Ms. Halmi then asked about the letter to the community and article in the paper. Manager McFadden stated that it had not been approved and was in progress. That with the situation evolving in Commonwealth Court they needed changes to the information and it is still coming. Tracy Halmi then asked about the executive session Mr. Cogan asked for a couple meetings ago. Is there any out come from this executive session. Manager McFadden stated that they were still in litigation and recently received a “STAY” in Commonwealth Court. The status of Council is status quo on the issue. She asked in respect to the fine, are we still being fined daily as we litigate. Manager McFadden stated that was a matter for the court to determine. We have an appeal on the civil penalty and a separate appeal on the ban. Ms. Halmi asked about the meeting held with Representative Evans and Senator Earll. She was informed that the Borough, Township, DEP, Representative Evans with a staff member and Senator Earll with staff member met to discuss the situation and from that meeting the Solicitor, staff, Manager, and Council went down to discuss the situation with DEP. Then Thursday before the hearing on January 27th the Borough tried to deliver to DEP-Meadville pertinent information but they mailed it back to our solicitor. At the Hearing our request for a STAY was granted with a few conditions. First to submit to DEP what we had already submitted with additional information and they would have to accept and read it. Secondly the Court noticed we where part of a Joint Municipal Planning Commission (JMPC) with Washington Township, Franklin Township, and the Borough. Pursuant to PA Planning Code and grant contract they are working under they must discuss the sewer issue in that venue. January JMPC meeting was cancelled because of lack of quorum but meeting scheduled for Feb 11th at 7 pm which is open to the public. Mr. Cogan stated that in the newspaper article it seems that it is not universally agreed that the Joint Planning Commission as a group is ready to deal with sewer item. This was quoted from Washington Township Councilperson Dr. Bucho. Manager McFadden stated he read the article and has talked to Terry Carcella of Washington Township staff who deals with the JMPC and the Planning Consultant who both agree that contractual agreement to study this and it will be on the agenda Wednesday. We will continue to discuss this issue in between meetings and report back. Ms. Halmi stated she read the last verdict and the Borough lost and we need to fix and move on. Jean Davis stated, the Commonwealth Court “STAY” is good because it is saying wait and hear our side not just telling us to do it today. Greg Lucas stated that he was on the other side of the table a month ago and he thought the same but this Council and the Council before are not doing the best for the Township or the Orr Brothers but the best for their water and sewer customers in town. DEP wants us to give our 13 million dollar plant away, that is the bottom line and we are saving our plant for us. Mary Ann Horne stated the plant will be paid off in 2007 and repairs and infrastructure can be enhanced and maintained with funds that were paying for the plant debt. That way our residents will not have increase costs in sewer and our system is sufficient for build out of our municipality already. Tracy Halmi asked if the community stopped with Edinboro. Manager McFadden stated the sewer rates in the Borough are approximately $20 month while Washington Townships rates are approximately $40 month. Keeping our system and our rates is a good idea. Jean Davis asked Ms. Halmi if she was aware of the fact that in December 2001 the Borough signed an agreement and was willing to cooperate. Washington Township just recently informed us that they did not sign because of confusion in agreement to them. We still met with Washington Township but DEP is saying one solution is Sherrod Hill in Washington Township has 250 acres and if the Borough pays for pipe to connect these acres everything would go away. Mrs. Halmi stated she didn’t agree with paying for this but wondered what the pipe would cost. Jean Davis stated we didn’t spend money to have an engineer come up with a cost. Manager McFadden went on to say that we have spent less than 3% of operating budget on litigation and would get her the numbers. Mr. Cogan stated that he understood what she was saying and thought that Council members also understood and asked to move the agenda while the information would be forthcoming.
With no other persons requesting time to speak, the Mayor moved on to old business.
Committee Reports:
Finance Committee: Mary Ann Horne reported that they met tonight before the Council meeting and they where informed that the water dump truck was to be ordered tomorrow to replace a 1988 dump truck. Bids would be sent out for the dump bed in the coming months. If anyone had questions, now was the time to speak. Being no questions the truck was to be ordered tomorrow through the municipal COG.
Ordinance Review Committee: Jean Davis reported they were working on the Public Indecency Ordinance 502 and would meet again February 10th at 1 p.m. Besides the Indecency Ordinance they had to finish up codification, sign ordinance, and grease ordinance.
Personnel Committee: Clifford Allen reported that the committee met and he motioned to appoint Al Dore, Jr to replace Greg Lessig on the Municipal Authority and Water Authority for a term to end February 27, 2009. Christopher Gillette seconded the motion and it passed by 7-0 voice vote. Mr. Allen asked that a letter be sent to Mr. Dore regarding his appointment and a copy to the Authorities. He also asked that a letter be sent to Bill Stafford who also applied for the position and to thank him for his interest.
Public Safety Committee: Christopher Gillette stated they have not met.
Mayor Cannell reported that they met in executive session with the Municipal Authority and Legal counsel on February 2, 2004 regarding DEP EHB Docket 2000-125-R and appeal.
Mayor Cannell introduced resolution 5-2004 as presented by Manager McFadden as follows:
Home Rule Borough of Edinboro
RESOLUTION NO. 5-2004
WHEREAS, Section 701(2) of the Home Rule Charter of the Borough of Edinboro grants Borough Council the authority to decide which elected and/or appointed Borough officials have the authority to represent the Borough in deliberations with other governmental bodies; and
WHEREAS, Borough Council desires at this time to exercise said authority.
NOW, THEREFORE, BE IT RESOLVED by Borough Council assembled this 9th day of February, 2004, as follows:
1. The officials authorized to represent the Home Rule Borough of Edinboro in sanitary sewer service deliberations with the Township of Franklin and the Township of Washington shall be the Borough Manager, the Wastewater Collection and Treatment Superintendent and Council members Robert Cogan, Jean Davis and Chris Gillette.
2. The sole public spokesperson for the Borough concerning said deliberations shall be the Borough Manager.
3. To facilitate the role of the Borough Manager as the sole public spokesperson concerning said deliberations, the Borough Manager shall chair and said deliberation committee.
4. Said committee shall utilize the services of the Borough Solicitor and Borough consulting engineer as necessary.
5. The officials authorized to represent the Home Rule Borough of Edinboro with respect to litigation related to wastewater collection and treatment shall be the Borough Solicitor, the Borough Manager and the Borough consulting engineer, as well as such other officials whose assistance they may require.
6. The sole public spokesperson for the Borough concerning any matter of litigation shall be the Borough Manager, with such assistance from the Borough Solicitor as may be required.
Christopher Gillette stated he did not think they needed a resolution that it was decided that the Manager was the spokesman to the press. He asked that if we needed the resolution that number 3 be eliminated. Manager McFadden stated it could be eliminated. Bob Cogan stated that he thought the use of some words was provocative and should be of civil manner not using ridiculous or bazaar and be more desirable. He felt the resolution should be kept the way it was but urged careful usage of words. Clifford Allen stated when he saw this resolution in his packet it made him angry and didn’t think this was the tone left with after the executive session the other evening. This sounds like a gag order and we are elected officials and can speak and there was no way he would vote for this. . Jean Davis motioned to amend the Resolution eliminating item 3 and Mary Ann Horne seconded the motion. The motion passed by 4-3 vote with Robert Cogan, Clifford Allen, and Bob Cannell voting no.
Roll Call vote was called for Resolution 5-2004: Christopher Gillette, no; Mary Ann Horne, yes; Gregory Lucas, no; Clifford Allen, no; Robert Cogan, yes; Jean Davis, no; and H. Robert Cannell, no. Resolution failed by 2-5 roll call vote.
Jean Davis stated that it stays the same that Manager McFadden is our spokesman as we all agreed. Mary Ann Horne stated that while we are in litigation that no one individual will go to the newspapers. Ms. Tracy Halmi stated that she would go to the newspapers to give them the right information when she gets it. Jean Davis stated that is important that Ms. Halmi have the right information first.
Letter to Ricardo Gilson, DEP dated February 3, 2004 regarding ban was available for review. Letter to Dr. Robert Cogan from Attorney Marsh regarding ban, letter of February 5 to Senator Jane Earll, and letter of February 4 to Washington Township where all available for review by Council.
Discussion regarding letter to Washington Township regarding JMPC. Christopher Gillette stated he rather see talks in detail by negotiating team and Washington Township and just brief summary at JMPC. Manager McFadden stated that is the intention but we need to find out what Franklin Township maybe thinking as well as thoughts of Washington Township in land use since we have heard they have zoning issues on the agenda. Mayor Cannell stated he had great concern that long range planning would just water it down. Manager McFadden stated that a negotiating meeting was scheduled for Thursday with Washington Township. Jon Foulkrod of Washington Township stated that in their last meeting Dr. Bucho statement in the paper reflects their feelings and thoughts. Yes they need to have JMPC involved but the detail discuss must be held in between those meetings.
MANAGER:
Manager McFadden reviewed his ten item list with Council. Recycling numbers will come from Vicki Coffin when available; still waiting to hear back from PennDOT regarding four-way red after midnight; Tom to get to Kiwanis with bench numbers; Jeff Craft called DA regarding possible grant toward K-9 use in County; solicitor has not gotten back regarding e-mails; and discussion followed on right turn only out of Mill Street. It was agreed to get a study update by Police Chief Craft for the Public Safety Committee regarding Mill Street. Robert Cogan motioned and Jean Davis Second to have study done and draft ordinance available for Safety Committee’s review by next meeting. With no objections the motion passed by 7-0 voice vote.
Copy of completed application for grant funding assistance for proposed University Economic Impact Study was available for review. Robert Cogan did not understand why so much paper was needed and he was lost in it. He motioned to have the pages numbered and Mayor Cannell requested reduction in paper.
Copy of Senate Bill No 80 was available and the Public Safety Committee will review. Manager McFadden stated that by law the Borough has jurisdiction on campus because it is within our municipality. Any public 911 calls come to us and our police and any four digit calls go to campus to be handled. This enables Borough and University if they wish to create intermediate police commission and campus is allowed to fund off campus. Public Safety Committee and in house personnel should review options prior to speaking with the university. Clifford Allen also thought they should find out what PLCM communities were also doing.
Manager McFadden informed Council that last week he talked to Rich Sherbondy from PNC bank regarding letter of credit and bond thought needed in appeal of civil assessment. Attorney Marsh had a conference call with Judge Renward and DEP-Meadville and it was decided that the Borough did not need to post a letter of credit. PNC representative Rich Sherbondy and Mike Zurbasic would be available for the Authority and Council to discuss options that are available and explore alternative financing in respect to sewer issues. The Authority thought this was a good idea and to have it in general terms so we could invite in writing Franklin Township and Washington Township. With no objections the Manager was to arrange the meeting for February 16th at 6:30 p.m. at the Borough building.
Mayor Cannell introduced the bills for payment. Mary Ann Horne moved approval of the submitted bills totaling $ 69,520.48 and Jean Davis seconded. With no objections it passed by 7-0 voice vote.
Mayor Cannell proceeded in acceptance of the payroll as submitted for the period ending January 31, 2004 and paid February 6, 2004 totaling $53,204.34. Mary Ann Horne motioned approval of the payroll and Jean Davis seconded. The motion approving the payroll, overtime reports, and supplemental time sheets passed unanimously by voice vote 7-0.
PUBLIC
SAFETY:
Clifford Allen requested
that Public Safety Committee discuss where the ice rescue polls should be placed
and putting the directions for use on the lake section of the website.
BOCA Code/Planning/Zoning:
Enviro-News Bulletin regarding HB1222 was available for review.
COMMUNITY LIAISONS:
Mayor Cannell asked if any member had a report.
Robert Cogan gave the following report on the EVFD Board meeting held February 8, 2004.
The Board of Directors met Feb. 8, a week later than normal to avoid conflict with the benefit for the Carter family. Jim Conway was elected Chairperson and Janet Orr, Vice Chairperson. Dennis Suscheck from West County Paramedic Association was there to try to explain the need for WCPA to change its charges to EVFD for bill collection. EVFD Board members disagree with the change to a percentage charge, because EVFD and a couple other departments are to be charged 6%, while other departments are to be charged only 5% and this makes for a substantial increase while performance in collection has gone down. EVFD will protest this change and may leave the WCPA bill collecting service. EVFD strongly requests Borough Council to provide information on its insurance carrier for Workmen's Comp. for EVFD personnel hurt on the job. The department made plans for its annual Installation dinner, Saturday, Feb. 21. There will be a cocktail hour at 5 and dinner at 6 pm at the Fire Hall. Anyone wanting to attend should call the department and make a reservation. I will attend for the Borough. While there I observed a wonderful financial control mechanism. Every Board member present, including myself, had to sign or leave unsigned every purchase order! Only those that get a majority of present members are valid. Immediately after the Fire Department meeting they had a Relief Association meeting. The meetings collectively adjourned about 9:30 pm.
Notice of Campus-Community Connections day of training at Dickinson College was available for review by Council.
Washington Township meeting of February 3, 2004 report was available from Jean Davis on Council members’ desks for review.
Jean Davis reported that the Authorities met tonight at 5 p.m. The Water Authority discussed security and that quotes were received over $10,000 so they would be bidding out the security system needed. The Municipal Authority discussed the draft agreements and also that the Penn Union copper numbers where good with our limit 40 and the numbers in the low 20’s. They also discussed the insurance claim for the sludge bed roof collapse because of the snow load.
Mayor Cannell referred to the Joint Municipal Planning section and the Local Leader’s Questionnaire Report received. He thought it might be a good idea to get townspeople involved in committees to get more out of this study and make improvements. If we break it out we can make things happen. The Council was to review the questionnaire and consider the Mayor’s proposal.
Other Old Business:
Mayor Cannell asked for committees to give him times they would be meeting. Tuesdays at 1 p.m. as needed for the Ordinance Review Committee; Mondays 6:30 p.m. prior to Council meetings for Finance Committee; Public Safety, Recreation, Personnel, and Building, Streets, & Grounds stated they would meet Monday or Wednesday evenings at 6:30 p.m. as needed.
Letter from State Representative John Evans and response by Manager McFadden were discussed. Mayor Cannell felt that no response should be made until the Council reviews and agrees to send reply since it was addressed to them not the Manager. Manager McFadden apologized for sending the letter without their review of the letter first. Jean Davis noted that they had all seen the letter from Representative Evans at the executive session and some members did see the response before it was mailed.
A letter was received from Washington Township Council regarding analysis of December 2001 agreement dated January 26, 2004. Manager McFadden’s response along with confirming meeting of negotiating team for Thursday Feb 12th with Washington Township Mayor and Manager was in the Council packets.
Council received an invitation from EVFD for their Annual installation dinner. Robert Cogan stated he would be attending and anyone else interested should turn in their reservations.
Letter from Edinboro Alliance Church to Mayor Cannell dated January 28, 2004 was read in part by Mayor Cannell. Dave Zamierowski, Code Enforcement Officer wanted to clarify that the place in question was in a C1 zone. There are permitted usages, conditional uses, and special exception criteria for all zones. In a C1 a church is not allowed even under conditional use or special exception criteria, but churches were allowed in R4, RLB, R1, and R2 zones. Mayor Cannell requested that Mr. Zamierowski write the church a letter explaining this information in detail and send a copy to Council in the next packet.
Invitation to meeting Feb 10th 7 p.m. of Friends of the General McLane Area Community Library was extended to Council by Mayor Cannell.
NEW BUSINESS:
Mr. Allen asked for discussion regarding Greg Lessig resignation and since he was on Council and Authority for several years that maybe it would be possible to thank him publicly at the next Council meeting for his service. Everyone agreed and Mr. Allen would check regarding a picture and Manager McFadden would see about inviting Mr. Lessig to the next meeting of Council.
Being no further business, Mayor Cannell asked for adjournment.
Robert Cogan motioned for adjournment and the meeting was adjourned at 8:40 p.m.
ATTEST:
___________________________ _____________________________
Manager E.R. Buck McFadden Mayor H. Robert Cannell
HIGHLIGHTS
February 9, 2004
· Payment of bills
· Payment of payroll
· Minutes
· Resolution 5-2004 failed
· Appointed Al Dore Jr. to Water Authority & Municipal Authority term end 2/27/2009
POSTPONED
· Indecency Ordinance 502 – Ordinance Review Committee- Hearing Jan 26 & Action Feb 9—Meeting Feb 10th 1 p.m.
·
UPCOMING MEETINGS:
· Feb 16th 6:30 p.m. Financial options in respect to sewer – PNC Bank, Washington Township, Franklin Township, Borough
· 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.
· Letters to Alfred Dore Jr. on his appointment to the Municipal & Water Authorities and to Bill Stafford thanking him for his interest in the position.
· Police update study of Mill Street NO TURN LEFT
· Draft Ordinance to remove sign on Mill Street if applicable after Police Study for Public Safety Committee meeting.
· Review with Public Safety Committee options regarding SB No. 80.
· Reduction of number pages in packets and number all pages
· Confirm open meeting regarding financing with PNC Bank Rich Sherbondy – invite Washington Township & Franklin 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
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
February 9, 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 ____.
III. Approval of Minutes:
· Regularly Scheduled Meeting January 26, 2004.
Action: Motion to approve minutes
IV Persons Requesting Time to Address Council
1. Finance Committee/Pension Committee - Mary Ann Horne – Met 2/9 6:30 p.m.
2. Ordinance Review Committee –Jean Davis - Codification, Grease Ordinance, and Sign Ordinance are still in committee – met Feb. 4th 10 a.m. - Public Indecency Ordinance 502 Hearing 1/26 to be voted on 2/9
3. Personnel Committee – Kip Allen – Met Feb 2 to interview applicants
a) Municipal & Water Authority – Motion to recommend appointment
4. Recreation/Lake/Environment – Kip Allen
5. Public Safety – Chris Gillette
6. Street, Buildings, and Grounds – Chris Gillette
7. Committee of the Whole
B. Solicitor's Report:
1. DEP EHB Docket 2000-125- R (PADEP Order of May 9, 2000) – Appealing decision
a) Executive session with Authority and Legal counsel 2/2/04
b) RESOLTUION NO. 5-2004 –ACTION: roll call vote
c) Letter to Ricardo Gilson, DEP 2/3/04-FYI
d) Letter to Dr. Robert Cogan – FYI
e) Letter to Senator Jane Earll – FYI
f) Letter to Washington Township & Franklin Township- FYI
3. Bulk Water agreement with Washington Township – no new information
4. Borough of Edinboro v. City of Erie - Nothing new to 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) 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.
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
h) See if DA’s office will give grant toward K-9 use in County
i) right turn only out of Mill Street —check on reason for sign and if needed elsewhere
j) check to see what, if any, law regarding e-mails from and/or to Council members and the Sunshine Law
k) Letter to EUP football team regarding 2003 season.
1B) University Economic Impact Study - FYI
1C) Memo – Senate Bill No. 80
2. Finance
a) Authorization to approve bills to be paid
Action: Motion to approve bills totaling $69,520.48
b) Authorization to approve payroll
Action: Motion to approve payroll ending January 31, 2004, paid February 6, 2004, totaling $ 53,204.34
c)
3. Personnel
a)
4 Public Safety
a) Emergency Management
b) Emergency Medical Service (EMS)
c) EVFD
d) Police – Monthly Report
e.) Employee Safety Committee –.
5. BOCA Code/Planning/Zoning - Monthly Report
a) Enviro-News bulletin regarding HB1222
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
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. EUP Administration – Bob Cannell
12. Watershed Association – Mary Ann Horne (December Minutes)
13. Joint Municipal Planning – Chris Gillette
a) Memo From Manager McFadden Feb 4, 2004
b) Local Leader’s Questionnaire Report
c) Letter to John Sachar – Agenda request - FYI
Other Old Business –
1. Updated 2004 committees, boards, and commissions lists with day and time they normally meet
2.
A. State Representative John Evans – regarding support of Borough
a) Response to Representative John Evans letter – Feb 5th
B. Washington Township Council – Regarding analysis of December 2001 agreement
a) Memo from Manager McFadden regarding meeting requested by Washington Township
C. EVFD- invites Council to Annual installation Dinner
D. Edinboro Alliance Church – FYI
E. Friends of the General McLane Area Community Library – Council and public Invited to attend meeting Feb 10th 7 p.m.
VII. New Business
VIII. Adjournment
REMINDERS:
Authority Meeting February 9th, 2004 5 p.m.
Next Regular Council Meeting -Monday, February 23, 2004-7 P.M.
2004 Council Meeting Schedule:
February 9, 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.
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