COUNCIL MEETING MINUTES
March 22, 2004
Call to Order:
The following Council members were present: Mayor H. Robert Cannell, Bob Cogan, Greg Lucas, Christopher Gillette, Clifford Allen, and Jean Davis. Member absent was Mary Ann Horne. Also in attendance were E.R. McFadden, Borough Manager; and Marie Lander, Assistant to the Manager. Guests present were Emily McCommons, Nancy Crawford, John Weiber, Jen Duda of the Erie Times News, and Jon Foulkrod, Washington Township.
Mayor Cannell introduced the minutes from the Regular Council meeting held March 8, 2004. Jean Davis moved for approval of the minutes and Robert Cogan seconded. The minutes were approved by a voice vote of 4-0-1 with Chris Gillette abstaining because he was absent for the March 8, 2004 meeting.
Mayor Cannell asked if anyone was interested in speaking. Because there were no speakers, the Mayor moved on to old business.
Committee Reports:
Finance Committee: Jean Davis reported, in the absence of Mary Ann Horne, that they met earlier tonight to review invoices and purchase orders and they were in order. They reviewed a quote to repair a public works dump truck for approximately $3,200 and reviewed line item comparisons to the budget for February and discussed audit findings. To solve the rare occasion of deposits not being done in a timely manner, they are being done daily starting this week.
Ordinance Review Committee: Jean Davis reported they had not met since the last Council meeting and that they were waiting for the Solicitor’s review of the Public Indecency Ordinance.
Recreation/Lake/Environment Committee: Clifford Allen moved to accept the agreement with the YMCA for lifeguards in the 2004 season.
Robert Cogan seconded the motion and it passed with a 6-0 voice vote. Appropriate entities will be notified of the agreement.
Public Safety Committee: Christopher Gillette stated they would meet March 24, 2004 at 7:15 P.M. to discuss Senate Bill 80, the conflict of interest issue brought up at the last Council meeting, a police study of Mill Street, the placement of ice rescue poles and the directions that should be placed on the Borough website regarding the poles.
Clifford Allen stated that he called the police dispatch a week ago because a life saving pole was on Onda Beach. He wanted the manager to make sure it was retrieved before the ice melted.
Greg Lucas asked about the four-way stop on Chestnut Street. He had heard from several citizens who were concerned because they were unable to make it up the hill without a running start from the bridge. He felt the streets crew should be made aware of this. Also, he was not aware of any cinders being put on the road on Sunday when it was icy.
Manager McFadden would look into it.
Clifford Allen asked that the names of the concerned citizens be put into the next packets.
Streets, Buildings, & Grounds Committee: The next meeting was scheduled for March 24th at 6:30 P.M. to discuss the proposed bathhouse and municipal building renovations.
Committee of the Whole:
Robert Cogan suggested solving the problem by recommending that the person who compiled the packets clip together items that belonged together and eliminate some items because of the large amount of paper like the Kutztown information.
Mayor Cannell stated that most people on Council have full time jobs, and it took him eleven hours to review the packet. It is too cumbersome and should be given to committees to handle. He went on to list items in the packet. Mayor Cannell felt much of the material was important for committees only and a copy of the material could be put on a shelf for others to review if they wished because the amount of information they were receiving was mind boggling.
Jean Davis stated she wanted all the scrap paper she could get to do her job. She wanted to see what was sent out and what was received. She stated she had meetings Monday and Tuesday nights and spent the weekend reviewing the packet and felt this was her job as an elected Council person.
Robert Cogan stated that we needed to classify. For example the brief should only go to Council members who want it and ask for it. Grant applications would only go to those interested and the Kutztown information would be circulated.
Clifford Allen stated he liked to be informed of everything the Borough is doing so he can vote on items coming before the Council. If only a couple copies were being sent out, he would like a copy sent to him, and anyone wishing to view it could come at his convenience to view it maybe 2:30 A.M. He stated that he had done the job for the past twelve years for free, not as a hobby, and felt it should be the Manager’s decision on what copies are given to the Council. Things cannot be discussed until all Council members have seen the material.
Mayor Cannell moved on to Solicitor’s Report.
The Solicitor’s section contained letters from the Solicitor dated March 1, 2004, March 8, 2004 and March 16, 2004. It also contained a March 12, 2004 letter to Ricardo Gilson of the DEP. Also on the Council’s table was a copy of a letter and a memorandum from Washington Township Manager Dave Anthony. It has been faxed to Attorney Ritchie Marsh and to Art Kuholski of Lake Engineering. A letter will be going out in the next few days to DEP regarding this.
Councilman Cogan asked to make a statement for the record. His statement is as follows:
I'd like to state for the record that while I fully support the concept of the February 20, 2004 and March 3, 2004 memos we approved last time to solve the sewer problem, I've repeatedly given arguments to other Council members, the Manager and Solicitor for my belief that our chances of success in the appeal to Commonwealth Court are no better than 50/50. I've read Solicitor Marsh's Brief and find it very competent, workmanlike and persuasive as to matters of fact and common-sense justice, but an adjudication can be an error in fact, and, on appeal, be found correct as a matter of law. And I now find reason to think the probability of a favorable Commonwealth Court decision is significantly less than 50/50. Our duty and loyalties are owed first to our residents, tax and ratepayers, not our professional advisers. So, my best counsel is that we make an agreement with the Township satisfactory to the DEP, before the expiration of the stay, even satisfying it that we will increase the capacity of the Maple Drive line, if DEP requires it. We should then, I believe, offer to withdraw the appeal in return for the DEP lifting the ban and a consent assessment of civil penalty in a token amount of money. If we proceeded with the appeal, I believe DEP could seek recovery of its increased litigation costs in the civil penalty. But if we and the DEP can agree on this, we would also be able to grant our citizens’ requests for connections more rapidly than if we continue the appeal.
Greg Lucas asked the Manager if he had heard anything back from the DEP.
Manager McFadden stated they sent a letter stating that they were studying our report and would get back to us.
Mayor Cannell stated he received a fax from the DEP today. He went on to say that he was in Carlisle for two days last week and at Allegheny College one day, so on Friday he decided to call for a status report from the DEP. He talked to Ricardo Gilson, who informed him that on Monday the DEP would have a meeting, and DEP people were notified three weeks ago about the Edinboro condition and where the DEP stands. By calling the DEP, Mayor Cannell found that the DEP would like to offer an olive branch to discuss the Edinboro equation. Mr. Gilson then sent Mayor Cannell a fax. Mayor Cannell started to read the fax: “Confidential--made for purpose of settlement.”
Jean Davis asked what is the point of order since we are in litigation,.
Manager McFadden stated if it is a confidential offer of settlement, it should be first taken to the Solicitor and discussed in private.
Robert Cogan moved to have a brief executive session after the meeting to view this fax.
Clifford Allen stated they should wait until the Solicitor had time to review it and then have an executive session with the Solicitor.
Manager McFadden stated that the DEP itself has documented that contact should only be with the Solicitors.
Mayor Cannell stated the fax was copied to Burch Gallogly and file, not to our Solicitor or the Borough.
Again the Manager stated that was the DEP’s request that any contact was to be through the Solicitors, and if this is a confidential legal document, that is where it needs to be sent.
Robert Cogan stated he was curious to see it and felt no harm in reviewing it before the Solicitor saw it.
Greg Lucas seconded the motion to have an executive session after the Council meeting and it passed by 6-0 voice vote.
MANAGER:
The new Pension Investment Policy was in the packets for review and approval at the next meeting, April 12, 2004.
Manager McFadden reported that a letter to the EUP football team was on their desks and a draft for the Community Cable Channel Committee was also complete, awaiting the names of committee members.
Mayor Cannell introduced the bills for payment. Jean Davis moved to approve the submitted bills totaling $ 50,547.27 and Robert Cogan seconded. With no objections it passed by 6-0 voice vote.
Mayor Cannell introduced the payroll as submitted for the period ending March 13, 2004 and paid March 19, 2004 totaling $53,547.58. 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 6-0.
The Monthly Finance report was available for review.
Mayor Cannell asked about invoices for auditors.
Jean Davis explained that every few years they take Requests for Proposals (RFP’s). The cost will increase again when GASB34 is adopted this year. Clifford Allen wanted the Council to be aware that this is a compliance audit, and if it were a full audit, the cost would be even more expensive.
Mayor Cannell asked about the Pittsburgh Post Gazette costs for police advertisement.
Robert Cogan stated it should be just posted in a police department in Pittsburgh instead of in the newspaper.
Jean Davis stated that the Borough standards are very high and we need to advertise in more places than just Erie.
Advertisement of concise financial statements for the General and Water Authority were available for review.
Mayor Cannell asked about the Authority loss and it was explained that the loan was paid off in 2003.
PUBLIC
SAFETY:
Police reports were available for review.
Robert Cogan asked about the calendar for the canine. It was explained this document reflected his duty times.
Mayor Cannell asked about the other reports that used to be in the packet showing when and where he did demonstrations and when he was used for police work.
Robert Cogan stated as long as he was taking a bite out of crime and not people that was all right.
Manager McFadden would check on other reports.
BOCA CODE/PLANNING/ZONING:
Monthly report was available for review.
PUBLIC WORKS:
Monthly report was available for review.
WATER SYSTEM:
Monthly report was available for review.
Robert Cogan questioned #4 on the report and wondered if the Borough had a mapping of lines and wondered about pressurized lines and trenches.
Manager McFadden explained that there was mapping of the lines, and this was a crossing not a parallel trench. Water is always pressurized and WWCT runs by gravity in some places and pressure in others. With pressure lines, which all water lines are, water can leak out, but it cannot suck debris in. The repair was made as routine maintenance to the line.
COMMUNITY DEVELOPMENT/PROJECT COORDINATION:
Recycling program analysis as requested by Council for three years was in the packets for review.
Advertisement for bids for the bath house and downtown improvement projects were in the packets. The bids will be opened April 7, 2004 and awarded at the April 12, 2004 meeting.
Jean Davis moved to adopt Resolution 4-2004 for CDBG Application FFY2004 and Clifford Allen seconded.
RESOLUTION OF APPROVAL
FFY2004
COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION
Resolution No. 4-2004
WHEREAS, Act 179 of 1984 established the Pennsylvania Community Development Block Grant (CDBG) Entitlement Program to financially assist municipalities with a number of community development needs principally benefiting low and moderate income citizens: and
WHEREAS, Edinboro Borough’s FFY2004 entitlement is $159,721 with $28,749 being earmarked for Program Administration leaving a balance of $130,972 for a wide range of eligible projects and activities; and
WHEREAS, the projects contained in the CDBG Application address needs identified in the Three Year Community Development Plan and principally benefit low and moderate-income persons; and
WHEREAS, a Final Synopsis was published identifying the projects and activities to be undertaken with the Borough’s 2004 CDBG Entitlement funds, and this CDBG Application has been prepared and made available for public inspection in accordance with this Final Synopsis; and
WHEREAS, the Borough of Edinboro certifies its compliance with the requirements contained in the “Statement of Assurance,” included herewith as part of this Application; and
WHEREAS, pursuant to the “Statement of Assurance,” the Borough has, among other actions, complied with the following CDBG requirements:
1. has conducted public hearings pursuant to public notices as required to satisfy the citizen participation process by publishing the Preliminary and Final Synopsis of the FFY 2004 CDBG Application and has provided for public review and comment of this Application;
2. has published the required Fair Housing Notice and has designated E.R. Buck McFadden, Borough Manager, as the Borough’s Fair Housing Officer;
3. has developed a Minority Business enterprise (MBE) Plan and MBE Goal for 2004, which is attached hereto and included as part of this application; and
4. has designated E.R. Buck McFadden, Borough Manager, to serve as the Borough’s official representative for this Application.
NOW, THEREFORE, BE IT RESOLVED that Edinboro Borough Council does officially approve this FFY2004 CDBG Application; and
BE IT FURTHER RESOLVED that Edinboro Council authorizes its Mayor to sign this CDBG Application on behalf of the Council and directs that it be submitted to the Pennsylvania Department of Community and Economic Development by April 16, 2004
Robert Cogan asked about the cost for administration. It was explained that the majority was for Vicki Coffin’s wages and benefits, but advertisements, etc. was included in that figure.
Clifford Allen stated that CDBG used to be administered at the Erie County Planning Department, and years ago they moved it in-house to help fund a full-time employee. He felt it was a real plus to the Borough to have it administered in-house.
The Motion passed by the following roll call vote: Christopher Gillette, yes; Mary Ann Horne, absent; Gregory Lucas, yes; Clifford Allen, yes; Robert Cogan, yes; Jean Davis, yes; H. Robert Cannell, yes. The motion to adopt Resolution 4-2004 passed by 6-0 roll call vote.
Mayor Cannell asked about the 2004 newsletter topics. It was suggested to have the following topics: the DEP update, Borough Cable Channel, Community garage sale May 28-29 at the Fire Hall, EMTA program, for which the Borough has budgeted a contribution of $6,000.00, Library committee status from Emma Williams and an update on the new bathhouse.
COMMUNITY LIAISONS:
Mayor Cannell asked if any member had a report.
Robert Cogan reported that the Erie County Borough meeting was held when he was out of town. Christopher Gillette stated that the Erie County Planning meeting was also held when he was out of town.
Mayor Cannell explained that he attended the PLCM Campus Community Network meeting in Carlisle with Manager McFadden, and it was an excellent meeting. He was impressed with the way the community of Kutztown worked with the university. They meet monthly and produce a renter’s guide with information on how to complain, lease information, community businesses, etc., which was enclosed in the packets. It is not an expensive piece. It is produced by computer and copied. Maybe we could discuss something similar with Edinboro University.
Manager McFadden stated that the Neighborhood Forum has met, and it is composed of resident students, university staff, the Borough Manager and Coordinator Renee Thayer and a professor from the Highland Center for Initiatives. They may be interested in pursuing this.
Robert Cogan thought it was good information and thought that GEAR may be the right entity to take it on.
. Jean Davis reported she attended Washington Township Council meeting . At the meeting they approved construction of playgrounds with their CDBG funds. They were also negotiating with the YMCA regarding funds and the pool and had no agreement to date. They also were in agreement with the Borough’s suggested conceptual waste water collection and treatment plan until the DEP informed them of certain conditions that needed to be met.
Watershed Association Minutes of February 18, 2004 were available for review.
Joint Municipal Planning Commission notes on the March 10, 2004 meeting were available.
Manager McFadden stated that they had a quorum. They distributed the individual municipal results of the Local Leaders’ Questionnaire and the February and March memorandums from Manager McFadden. Franklin Township presented its ideas regarding public water and sewer and information regarding two watershed areas. Everything was going smoothly until the observation by the DEP.
Dave Anthony’s memo of March 12, 2004 explained the discussion with the DEP on a proposed joint sewage venture and the pros and cons of the cost of discharging effluent in stream beds or by Sherrod Hill or on Maple Drive. Up until March 10, 2004, the DEP thought it was workable.
Someone interjected another cost analysis. Manager McFadden also mentioned the cost of the Township locating a discharge pipe down Maple Drive in the same ditch that the Borough could be using for correction of the Maple Drive problem, sharing excavation costs for the project.
Manager McFadden asked if Jon Foulkrod, Washington Township Mayor had the same understanding.
Jon Foulkrod stated that his understanding at the conclusion of the meeting with DEP was that the discharge would be somewhere near the Borough’s existing plant. The tributaries Manager McFadden had spoken of previously were not sufficient. He went on to say that the Washington Township Council was supportive of the wastewater collection and treatment concept outlined in Mr. McFadden’s memoranda..
Other Old Business:
Being no communications, they moved on to new business.
New Business:
Clifford Allen stated he read an article in the newspaper discussing Chief Craft and Justice Stuck-Lewis. He felt he needed to make a public comment that the District Justice works for the County not the Borough, and he felt she did a good job being above reproach. Chief Craft has risen through the ranks from Officer to Sergeant, to Chief and has done an impeccable job. His personal relationship is not a factor with regard to his employment. Speaking on behalf of Chief Craft, he stated that he does a great job, more than fair, and doesn’t cross the line. This has been bad press and Mr. Allen questioned the motivation of the press.
Robert Cogan stated he had a different opinion and went into the duties of a judge. He stated he would be going before the Public Safety Committee with a complaint form for adoption and policy to smooth out interaction. After reading the material on police staffing and recommendation, he was in agreement on the number of police officers needed.
Greg Lucas stated he was 100% in agreement with Clifford Allen that the Justice is elected and if people questioned her professionalism they would not vote her back. He felt the Police Chief and the Justice both did great jobs.
Jean Davis stated the Justice has been working for 6-8 years with no complaints. Clifford Allen stated this is just speculative, there being no complaint, just bad press, and Chief Craft has done nothing wrong.
Jean Davis asked the Manager about more meetings with Washington Township. Manager McFadden stated yes and no. We would be spinning our wheels to meet with Washington Township until we get more information from DEP. The requirement to meet with the JMPC will continue. Jean Davis asked how can you work on plan if DEP won’t recognize it. For the record Manager McFadden stated that the Commonwealth Court order stated that we will strive to address or meet the needs in a continuing process in the Joint Municipal Planning Commission context. There were no requirement to have a plan in 180 days. Robert Cogan stated the clock is running on fines. Jean Davis stated that no one around heard of this amount before, regarding fines.
John Foulkrod was asked if he had any comments. He stated that the Borough was working in good faith to get a good plan, and he hoped this would satisfy the court at least.
Greg Lucas asked if his company was allowed to bid on the WWCT clean up of drier beds. He understood they were getting three written quotes. Manager McFadden would look into it and get back to him. Christopher Gillette stated he understood it was all right to bid, but that you just couldn’t vote at a meeting but should abstain from the vote on awarding the contract. The quotes would most likely be taken to the Municipal Authority and not the Council for approval. Manager McFadden stated that the engineer for the adjuster had taken pictures, and at this time the debris must be removed, not for construction, but so the treatment process of pouring beds can continue.
Robert Cogan stated he had a copy of a letter to Mayor Rhodes regarding a fire complaint.
Manager McFadden stated the inquires had been answered and he would get him a copy of the requests and answers.
Christopher Gillette motioned for adjournment and the meeting was adjourned at 8:25 P.M.
ATTEST:
___________________________ _____________________________
Manager E.R. Buck McFadden Mayor H. Robert Cannell
HIGHLIGHTS
March 22, 2004
· Payment of bills
· Payment of payroll
· Minutes
· Resolution 4-2004 CDBG FFY2004
· YMCA Lifeguard Contract for 2004
· Topics for Newsletter going out in April
·
POSTPONED
· Indecency Ordinance 502 – Ordinance Review Committee- Hearing Jan 26th – 2nd reading when returned from Solicitor
· Pension Investment Policy
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 poles and what to put on web page under lake for directions for use of polls, etc. – March 24th 7:15 P.M.
· Streets, Buildings & Grounds – building renovations and bathhouse – March 24th 6:30 P.M.
·
March 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 __ _, Mayor H. Robert Cannell _______, Manager McFadden ____, Solicitor Marsh ____.
III. Approval of Minutes:
· Regularly Scheduled Meeting March 8, 2004.
Action: Motion to approve minutes
IV Persons Requesting Time to Address Council
A)
1. Finance Committee/Pension Committee - Mary Ann Horne – met 6:00 p.m. prior to Council meeting – Met as Council of the Whole with Auditors to review Audit of 2003 on March 15th
2. Ordinance Review Committee –Jean Davis - a) Public Indecency Ordinance 502 – awaiting return from Attorney Marsh
b) Codification – awaiting return from Penns Valley
c) Sign Ordinance
d) Grease Ordinance
3. Personnel Committee – Kip Allen
4. Recreation/Lake/Environment – Kip Allen
a) Lifeguard agreement for 2004 – Authorize signatures on agreement
5. Public Safety – Chris Gillette – meet Wed., March 24th 7:15 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 - meet Wed., March 24th 6:30 p.m.
a) Building renovations
b) Bathhouse
7. Committee of the Whole –
B. Solicitor's Report:
1. DEP EHB Docket 2000-125- R (PADEP Order of May 9, 2000) – Appealing decision and actions –
a) Letter of March 1st from Attorney Marsh – FYI
b) Letter of March 8th from Attorney Marsh – FYI
c) Letter of March 12th to Ricardo Gilson – FYI
d) Letter of march 16, 2004 from Attorney Marsh - FYI
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
5. Review of Indecency Ordinance
6.
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) See if DA’s office will give grant toward K-9 use in County- Chief Craft looking into this
d) Letter to EUP football team regarding 2003 season
e) Letter commending Community Cable Channel Committee (2/23/04)
1B) New “Pension Investment Policy” - To be approved April 12th -FYI
2. Finance
a) Authorization to approve bills to be paid
Action: Motion to approve bills totaling $50,547.27
b) Authorization to approve payroll
Action: Motion to approve payroll ending March 13, 2004, paid March 19, 2004, totaling $ 53,547.58
c) Monthly report
d) Advertised Concise Financial Statements - FYI
3. Personnel
a)
4 Public Safety
a) Emergency Management
b) Emergency Medical Service (EMS)
c) EVFD
d) Police – Monthly Report & Canine Report
e.) Employee Safety Committee –.
5. BOCA Code/Planning/Zoning - Monthly Report
a)
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
a)
9. Community Development/Project Coordination
§ Recycling Program analysis as requested by Council
§ Advertisement for bids Bath House & Downtown Improvement Project – FYI
§ Approval of CDBG Application FFY2004
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 – “Welcome to Kutztown – A Community and Renters Guide”
8. PLCM Local Group – Kip Allen
9. Washington Township Liaison – Jean Davis
10. Authority – Jean Davis - Met 3/8/04
11. Sewer Committee – Jean Davis, Chris Gillette, Bob Cogan
12. EUP Administration – Bob Cannell
13. Watershed Association – Mary Ann Horne – Minutes of 2/18/04 – met March 17th
14. Joint Municipal Planning – Chris Gillette met March 10th
Other Old Business –
A.
VII. New Business
A.
VIII. Adjournment
REMINDERS:
Authority Meeting April 12th 5 p.m.
Finance Committee March 22th 6:00 p.m.
Public Safety Meeting March 24th 6:30 p.m.
Building, Streets, & Ground Meeting March 24th 7:15 p.m.
Award bids for Security System Water Dept. April 12th
Special Bulk Trash Pickup May 8th 5:30 A.M.
2004 Council Meeting Schedule:
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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mlander@edinboro.net
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