HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
April 12, 2004
Call to Order:
The following Council members were present: Mayor H. Robert Cannell, Bob Cogan, Greg Lucas, Mary Ann Horne, and Jean Davis. Members absent were Christopher Gillette and Clifford Allen. Also in attendance were E.R. McFadden, Borough Manager; Solicitor Ritchie Marsh; Dave Zamierowski, Code Enforcement Officer; and Marie Lander, Assistant to the Manager. Guests present were Cornelius Burkell, Nancy Crawford, Tracy Halmi, and Frank Stefano, Washington Township.
Mayor Cannell introduced the minutes from the Regular Council meeting held March 22, 2004. Mary Ann Horne moved for approval of the minutes and Jean Davis seconded. The minutes were approved by a voice vote of 4-0-1 with Mary Ann Horne abstaining because she was absent for the March 22, 2004 meeting.
Mayor Cannell asked if anyone was interested in speaking.
Ben Consal of Chivers Construction stated he was present regarding the awarding of the contract for the downtown project. Manager McFadden stated that the award would take place later in the agenda.
Nancy Crawford, 202 Elm Street. She was present to find out about two topics. The first was progress on the bathhouse and the second was the possibility of a stop light on Route 6N. She wished to know if there had been any progress. Manager McFadden stated that PennDOT had been notified about the request for a traffic study on their state highway. After the submission of traffic numbers, PennDOT estimated $250,000 for signals, he believed, at the intersection of Angling and 6N. The Joint Municipal Planning Commission made up of the Borough of Edinboro, Franklin Township and Washington Township submitted this to Erie Metropolitan Planning for the twelve year plan. This was accepted, and every other year it will move up in the planning cycle. This is the correct place for a project such as this for a state highway.
Cornelius Burkell, 3430 Kinter Hill Road, Member of Our Lady of the Lake Church Parish Council. He was present to ask about the DEP rulings on the agenda and to urge Council to settle quickly so they can construct a new worship space on Maple Drive or Sunset Drive. Mayor Cannell stated that the Borough was in a lock down and had no ability to have any connections at this time, and they were trying to move forward.
Since there were no other persons requesting time to speak, Mayor Cannell stated that he saw two releases in the packet of over twenty pages, one being the investment policy, and the other the life guard agreement that had been in the packets twice March 8th and March 22nd. Also, the pages were not numbered as requested. They were numbering only happened once. Jean Davis stated that numbering was on two or three packets and would continue in the future.
Committee Reports:
Finance Committee: Mary Ann Horne reported that the committee did not meet because of the executive session before the Council meeting. The Committee of the Whole meeting will be rescheduled. Discussion followed regarding the Pension Committee meeting of April 22nd and it was agreed to have this meeting as scheduled so the Committee could bring back its recommendations to Council at their next meeting.
Ordinance Review Committee: Jean Davis reported they had a meeting scheduled for tomorrow but it would be cancelled because of lack of quorum.
Public Safety Committee: Memo regarding their March 24th meeting was available for review. Jean Davis motioned and Mary Ann Horne seconded to adopt Resolution 7- 2004 as follows:
Home Rule Borough of Edinboro
RESOLUTION No. 7-2004
WHEREAS, Section 4, Experimental Regulations, of Ordinance No. 513 of the Home Rule Borough of Edinboro authorizes Borough Council by resolution to enact specific traffic regulations for a period of ninety (90) days; and
WHEREAS, Council desires to permit left turns from Mill Street onto Plum Street, US Route 6N, except between the hours of 9:00 A.M. and 6:00 P.M., Monday through Friday; and
WHEREAS, this ninety (90) day experimental period has been reviewed and recommended by the Borough Manager and Chief of Police.
NOW, THEREFORE, BE IT RESOLVED by Borough Council assembled this 12th day of April, 2004 that left turns be permitted for a period of ninety (90) days from Mill Street onto Plum Street, US Route 6N, except between the hours of 9:00 A.M. to 6:00 P.M., Monday through Friday.
Resolution 7-2004 passed by the following roll call vote: Christopher Gillette, absent; Mary Ann Horne, yes; Gregory Lucas, yes; Clifford Allen, absent; Robert Cogan, yes; Jean Davis, yes; and H. Robert Cannell, yes. Motion passed by 5-0 roll call vote.
Streets, Buildings, & Grounds Committee: The meeting of March 24th was outlined in a memo dated April 12, 2004.
Committee of the Whole:
Mayor Cannell moved on to the Solicitor’s Report.
Mayor Cannell asked the Solicitor if he had anything to report. Solicitor Marsh stated that they had met prior to this meeting in executive session with the Municipal Authority to discuss the DEP & EHB appeal issue.
Robert Cogan moved that the Council instruct the Solicitor to reply to the DEP fax to Mayor Cannell that Edinboro Borough/Municipal Authority are willing to reopen negotiations on the following terms: 1) the Borough’s face-to-face negotiating team shall be comprised of its solicitor, engineer, and one or more members of Council and the Municipal Authority. 2) Meetings shall take place at a site where the Borough negotiators can recess and have immediate access to Manager McFadden. H. Robert Cannell seconded the motion. Discussion followed.
Mr. Cogan stated that they needed to respond affirmatively or it would look bad if they didn’t, and the Manager’s participation was needed. Jean Davis stated that in executive session they had given the Solicitor direction and determined that the proper personnel who should be in the session included members of the Council and the Municipal Authority.
The motion was defeated by 2-3 voice vote. Jean Davis stated she gave a negative vote because they did not need any resolution when they had already instructed the solicitor. Greg Lucas added that they had done this one (1) hour before the Council meeting in and executive session, and Mary Ann Horne added that the Borough was in litigation and they should be doing this in an executive session.
MANAGER:
The new Pension Investment Policy was in the packets as Resolution 8-2004, which Manager McFadden read for action. Jean Davis motioned and Mary Ann Horne seconded Resolution 8-2004 as follows:
Home Rule Borough of Edinboro
RESOLTUION No. 8-2004
WHEREAS, Council of the Home Rule Borough of Edinboro is responsible through the Pension Board Subcommittee for establishing investment policy for the Funds and for implementing approved policies and guidelines; and
WHEREAS, the Pension Board Subcommittee has been meeting for over a year with the Investment Consultant, the Investment Managers and the plan Actuaries to review investment policy; and
WHEREAS, the Pension Board Subcommittee recommends that Council adopt the attached Investment Policy Statement.
NOW, THEREFORE, BE IT RESOLVED by Borough Council assembled this 12th day of April, 2004 that the attached Investment Policy Statement hereby is adopted.
Robert Cogan asked what happens if the objective is not met. Manager McFadden stated that over the past ten year period the performance was 7.4% which is close to the 7.5% objective. Some times it is higher and some lower. Robert Cogan stated that Manager McFadden was optimistic for the next ten years.
A roll call vote was taken and the resolution passed unanimously by 5-0 as follows: Mary Ann Horne, yes; Gregory Lucas, yes; Clifford Allen, absent; Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, absent, and H. Robert Cannell, yes.
The Fire Protection Agreement for 2004 was introduced for action. Jean Davis motioned to authorize appropriate signatures on the agreement, and Mary Ann Horne seconded. The motion passed by a 5-0 voice vote.
FINANCE:
Mayor Cannell introduced the bills for payment. Jean Davis moved to approve the submitted bills totaling $ 101,839.16, and Mary Ann Horne seconded. Mayor Cannell questioned an invoice from Edinboro Computer for the repair of two computers since he thought the Borough had agreements for maintenance. Marie Lander informed him that the Borough only has maintenance on software, and these two computers were for emergency management use. Jean Davis asked about the invoice from Cal-June, Inc. for lakeside decals. She was informed these are for the buoys. With no other questions on the bills, the motion passed by a 5-0 voice vote.
Mayor Cannell introduced the payroll as submitted for the period ending March 27, 2004 and paid April 2, 2004 totaling $50,718.39. Mary Ann Horne moved to approve the payroll, and Jean Davis seconded. The motion approving the payroll, overtime reports and supplemental time sheets passed unanimously by a voice vote 5-0.
PUBLIC
SAFETY:
Manager McFadden informed Council that twelve people qualified
for the police testing. They administered the test on Saturday.
BOCA CODE/PLANNING/ZONING:
Dave Zamierowski presented subdivision plans for the Casey Place Subdivision at Water Street and Green Oaks. Council agreed to sign the plans after the meeting.
WATER SYSTEM:
Manager McFadden informed Council that the Water Authority authorized the acceptance of a bid from the Wilkins Company for $9,821.43 for the Water Department Security System and a possible $20.00/month for monitoring if needed.
COMMUNITY DEVELOPMENT/PROJECT COORDINATION:
Bids for the bathhouse were opened April 7th as follows:
Name Bid amount Alt#1
H. Platt Co. $187,000.00 $9,900.00
ERIEZ Const. Inc. 198,000.00 14,900.00
Weber, Murphy Fox 206,843.00 8,600.00
Considine Biebel 188,900.00 16,000.00
Manager McFadden presented the Council with a memo with the recommendation from Public Works Director Tom Schruers and him to refer the bids to the Building, Streets, & Grounds Committee of Council for review with the architect, Bob Marz, on April 19th at 6:30 P.M. Discussion followed, noting that the bids were twice as high as the architect had estimated and that funds were not available for the difference.
Manager McFadden presented Council with recommendations on the Downtown Improvement Project Phase IV. Two bids were opened April 7, 2004 as follows:
Name Bid Total AD#1 Bid Bond
Chivers Construction $67,026.02 x 10%
Norus Cross $59,303.00 x 10%
A representative of Chivers Construction asked to speak before a vote on awarding the bid. It was agreed after the Manager gave his review and recommendations.
Manager McFadden went on to explain that they had been reviewed by the Borough’s engineer John Patterson, by Project Coordinator Vicki Coffin, and by himself. This project would need a CDBG adjustment but it is small and not twice as high as the estimate like the bathhouse. We are recommending the lowest bidder, Norus Cross.
Manager McFadden also wanted Council to be aware that PennDOT was repaving Route 6N from the outlet to Ontario Street on May 6th and time constraints would not allow rebidding. Also, the required form MBE/WBE was not in the packet, and Norus Cross furnished it the same day, and it was found to be in order be Vicki Coffin. This did not make any material difference in the dollar amount.
The Chiver’s representative informed Council that the invitation to bid clearly stated that it is CDBG block grant funds and documentation must be with the bid. The advertisement also states failure to submit could cause rejection of bid. For government bids with DCED, you can’t waive the requirement to file the form regarding minorities and women working on the job. He stated he was the one who brought up the fact the form was missing at the bid opening and felt it was an advantage to Norus Cross.
Attorney Marsh stated if it was not a material factor it could be considered. He asked if the form was a competitive advantage. It was not an advantage. It was just part of the requirements.
Manager McFadden pointed out the waiver clause in the advertisement.
The Engineer also recommended Norus Cross, the lowest bidder, stating “that the bid documents were complete. It was noted the MBE/WBE solicitation form was faxed after the bid opening. Although required to be included with the bid, this form was not included in the bid package. The late submission of this form is an irregularity that should be waived.”
Manager McFadden stated the figures stayed the same so it was not an advantage.
The Chiver’s representative asked, if six months down the line his company failed to have such a form, if they would be given the same waiver. Manager McFadden stated they would if everything was in order and it was received that afternoon.
The difference in the bids is $7,000.00 but the Chiver’s representative stated the amount wasn’t the question, the documentation requirement was. Jean Davis stated the form was to show participation of minorities and women in the project and identifies the percentage of participation.
Greg Lucas asked if the documentation is not complete and you have only one bid, what is the normal procedure. Manager McFadden stated we did receive two bids, and if Council was uncomfortable, it only needed to do one or the other. Because of the May 6th completion date, rebidding is out of the question.
Attorney Marsh stated if it was viewed as substantial advantage over the other party, you could not accept or waive. He asked the Chiver’s representative what advantage this was over their submitting late. He replied the dollar amount he was not sure of, but the bid process was approximately 8% difference with registered minorities change above and beyond. Jean Davis pointed out that she remembered a truck bid coming in irregular, but it was waived because it was a better model or option at the lowest bid. She also stated that with 8% added to Norus Cross’s bid it still would be the lower bid.
The Chiver’s representative agreed that Norus Cross was the lowest bidder either way, but there was a principle involved to complete the packet as instructed.
The Mayor called for a voice vote and the motion passed by 4-1 to award the bid to Norus Cross.
COMMUNITY LIAISONS:
Public Relations/Cable TV – Mayor Cannell reported that he hoped the cable TV implementation would begin in May with programming shortly afterward similar to that of Carlisle, PA.
Environmental Shade Tree Advisory Committee – Mary Ann Horne reported that their last meeting was cancelled for lack of a quorum, but they would meet next week.
Erie County Borough’s Association – Notice of April meeting was in the packets. Robert Cogan stated he could not attend and it was noted that no Council member was available that evening.
EVFD Board Liaison – Robert Cogan reported on the EVFD Board Meeting. They were forming a committee, of which he would be a member, to review fundraising and revitalization of the EVFD. EVFD discussed having households sign notices and waivers regarding fire hydrants. These notices would make them aware that they should dig out the fire hydrants near their homes since the Borough had no legal responsibility to do so. EMS week will be 5/16-5/24.
Robert Cogan moved to honor EMS workers by inviting them to a reception May 24th at the Council meeting to receive an award, cookies & punch, as well as having a notice of appreciation put into the newspapers.
Jean Davis seconded the motion and it passed by 5-0 voice vote.
Washington Township Liaison – Jean Davis reported she was ill last week and missed their meeting and would be away April 19- May 5 and would need someone to cover the meetings in her absence.
Mayor Cannell stated he would pick up the meeting at the end of the month.
Authority Meetings – Jean Davis reported they met tonight and the Water Authority approved the bid for security to the Wilkins Company. They would be working nights next week to work on valves in the right-of-way before the Route 6N mill work project is done by PennDOT.
The Municipal Authority discussed the meeting the Superintendent of the WWCT had with the new management at Penn Union and how businesslike the gentlemen was.
They also met in executive session with Council regarding the DEP & EHB appeals.
EUP Administration – Mayor Cannell reported he sat on an evaluation panel of Dr. Pogue and thought is was very constructive. They found that they thought Dr. Pogue should be more visible in Edinboro as he is in Erie and Meadville.
Watershed Association – Mary Ann Horne reported they would meet April 14th to prepare for the April 21st event at Nick’s Place.
Joint Municipal Planning Commission meeting is April 14th.
Other Old Business:
Information on the Edinboro Triathlon was available for review.
County of Erie Department of Public Safety letter regarding modernizing public safety communication in our region, dated April 2, 2004, was available for Council’s review.
PLCM appointment of the nominating committee, dated April 1, 2004, for the election at the June 25th business meeting at the convention.
New Business:
Mayor Cannell stated he would be honored to attend the Earl Scout awards ceremony for Seth Oster and present him with the resolution, if Council approved the resolution. Jean Davis so moved, and Robert Cogan seconded to adopt Resolution 6-2004 as follows:
Home Rule Borough of Edinboro
RESOLUTION 6 OF 2004
RECOGNITION AND CONGRATULATIONS TO SETH OSTER FOR ACHIEVING THE RANK OF EAGLE SCOUT
WHEREAS; it is a tradition for Edinboro Borough Council to recognize individuals for outstanding community service and achievements, and
WHEREAS; Saturday, May 23, 2004 Seth Oster, a member of Troop 176, will be presented the rank of Eagle Scout; and
WHEREAS; the Boy Scouts of America strive to promote many ideals of character development vital for democratic societies such as self-reliance, trustworthiness, citizenship, and acceptance of responsibilities; and
WHEREAS; the high standards required by the Boy Scouts of America for the attainment of the rank of Eagle Scout include, among other rigorous activities, the completion of a community project; and
WHEREAS; Seth Oster planned and directed construction of campfire rings and refuse containers for the Washington Township Peninsula Park;
THEREFORE BE IT RESOLVED by the Council of the Home Rule Borough of Edinboro this 12th day of April 2004 that SETH OSTER be officially recognized and congratulated for his community service and for the distinction that he has earned by becoming an Eagle Scout.
With no objections the resolution passed unanimously (5-0) by the following roll call vote: Clifford Allen, absent; Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, absent; Mary Ann Horne, yes; Gregory Lucas, yes; and H. Robert Cannell, yes.
Robert Cogan voiced his concern that seven members were elected to Council and seven members should be present at all meetings.
There being no further business to come before Council, Mayor Cannell asked for adjournment.
Mary Ann Horne motioned for adjournment and the meeting was adjourned at 8:25 P.M.
ATTEST:
___________________________ _____________________________
Manager E.R. Buck McFadden Mayor H. Robert Cannell
HIGHLIGHTS
April 12, 2004
· Payment of bills
· Payment of payroll
· Minutes
· Resolution 6-2004 Eagle Scout recognition
· Resolution 7-2004 Pension Investment Policy
· Resolution 8-2004 Mill Street/6N sign review 90 days
· Fire Protection Agreement for 2004
· Bid awarded to Norus Cross – Downtown Project IV
·
POSTPONED
· Indecency Ordinance 502 – Ordinance Review Committee- Hearing Jan 26th – sent for review by Solicitor – returned from Solicitor awaiting review by Ordinance Review before 2nd reading.
· 1st Quarter Review of Finance – to be rescheduled
·
UPCOMING MEETINGS:
· Ordinance Review Committee - (Indecency Ordinance; Sign Ordinance & Codification & UCC ordinance) – Tuesdays 1 P.M. as needed
· Finance Committee – 6 :00 P.M. on Council meeting nights
· Streets, Buildings & Grounds – bathhouse bid review– April 19th 6:30 P.M.
· May 24th – reception to honor EMS (cookies, punch, awards, notice in newspapers)
April 12, 2004
7:00 P.M. Regular Council Meeting
I. Call to Order of Council Meeting by Mayor Cannell
II. Roll Call: Clifford “Kip” Allen _Absent___, Bob Cogan ____, Jean Davis ____, Christopher Gillette ____, Mary Ann Horne ____, Greg Lucas __ _, Mayor H. Robert Cannell _______, Manager McFadden ____, Solicitor Marsh _ _, and Marie Lander ____.
III. Approval of Minutes:
· Regularly Scheduled Meeting, March 22, 2004.
Action: Motion to approve minutes
IV Persons Requesting Time to Address Council
A)
1. Finance Committee/Pension Committee - Mary Ann Horne –
a) met prior to Council meeting
b) Committee of the Whole to meet and review 1st quarter Financials & adjustments to budget - April 21st 6: 30 p.m.
c) Pension Committee to meet April 22nd Noon
2. Ordinance Review Committee –Jean Davis - Meeting April 13th 1 p.m. a) Public Indecency Ordinance 502 – review comments from Attorney Marsh
b) Codification – awaiting Admin Section and return from Penns Valley
c) Sign Ordinance
d) Grease Ordinance
e) Ordinance 516 - PA Uniform Construction Code -First Reading May 24th
3. Personnel Committee – Kip Allen
4. Recreation/Lake/Environment – Kip Allen
5. Public Safety – Chris Gillette –
a) Meeting of March 24th
b) ADOPT: Resolution 7-2004
6. Street, Buildings, and Grounds – Chris Gillette - met Wed., March 24th
a) Building renovations
b) Bathhouse
7. Committee of the Whole – Executive Session 3/22/04 regarding
DEP V. Edinboro Commonwealth Court Docket No. 835 M.D. 2003;
Edinboro v. DEP, Commonwealth Account No. 2696 C.D. 2003;
Edinboro v. DEP, EHB Docket 2004-016R - Appeal of the ban letter; and Edinboro v. DEP, EHB Docket No. 2004-017-R, Appeal of Undated Assessment
B. Solicitor's Report:
1. DEP EHB Docket 2000-125- R (PADEP Order of May 9, 2000) – Appealing decision and actions –
DEP V. Edinboro Commonwealth Court Docket No. 835 M.D. 2003 -
Edinboro v. DEP, Commonwealth Account No. 2696 C.D. 2003 –
Edinboro v. DEP, EHB Docket 2004-016R - Appeal of the ban letter -
Edinboro v. DEP, EHB Docket No. 2004-017-R, Appeal of Undated Assessment.
a) EXECUTIVE SESSION 6 p.m. April 12th with Solicitor
b) Memo from Manager McFadden April 8th - FYI
3. Bulk Water agreement with Washington Township – no new information
4. Borough of Edinboro v. City of Erie - Nothing new to report
5. Laws regarding e-mails from and/or to Council members and Sunshine Law
6. Letter from Solicitor Marsh dated 3/25/04 - FYI
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
1 B) New “Pension Investment Policy” - ACTION: Resolution 8-2004
1 C) Fire Protection Agreement – ACTION: Authorize appropriate signatures agreement 2004
2. Finance
a) Authorization to approve bills to be paid
Action: Motion to approve bills totaling $ 101,839.16
b) Authorization to approve payroll
Action: Motion to approve payroll ending March 27, 2004, paid April 2, 2004, totaling $ 50,718.39
c) Monthly report
3. Personnel
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
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) Award Bid for Security System – ACTION:
9. Community Development/Project Coordination
§ Award Bids
· Bath House – Memo on Recommendations
· Downtown Improvement Project – Memo Recommendation to award bid – ACTION: AWARD BID.
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 – Notice of April Meeting
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 - Met April 12th 5 p.m.
11. Sewer Committee – Jean Davis, Chris Gillette, Bob Cogan
12. EUP Administration – Bob Cannell
13. Watershed Association – Mary Ann Horne – Minutes March 17; Next meeting April 14th 3 p.m. Borough Building; Event 4/22 Nick’s Place
14. Joint Municipal Planning – Chris Gillette – Meeting April 14th
Other Old Business –
A. Edinboro Triathlon – FYI
B. County of Erie Dept of Public Safety – FYI
C. PLCM - FYI
VII. New Business
A. Resolution recognizing Eagle Scout Seth Oster – ACTION: Resolution 6 – 2004
B.
VIII. Adjournment
REMINDERS:
Authority Meeting April 12th 5 p.m.
Finance Committee April 12th 6:30 p.m.
Ordinance Review Committee April 13th 1 p.m.
1st Qtr Financial Review April 21st 6:30 p.m.
Pension Committee April 22nd noon
Special Bulk Trash Pickup May 8th 5:30 A.M.
2004 Council Meeting Schedule:
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.
©Copyright April 2004