HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
April 26, 2004
Call to Order:
The following Council members were present: Clifford Allen, Mayor H. Robert Cannell, Bob Cogan, Greg Lucas, Christopher Gillette, and Mary Ann Horne. Member Jean Davis was absent. Also in attendance were E.R. McFadden, Borough Manager; Solicitor Ritchie Marsh; and Marie Lander, Assistant to the Manager. Guests present were Neil Burkell; Matt Linich; Patrick Webster; Shanna Maloney; Jennifer Tifore; Walker & Jackie Means; Mike Codey; Carol Cruz; Matt Kovel; Mr. Elrblrhtard; David Mitchell, Erie County Council; Ryan Smith, Meadville Tribune; and Jon Foulkrod, Washington Township.
Mayor Cannell introduced the minutes from the Regular Council meeting held April 12, 2004.
Mary Ann Horne moved for approval of the minutes and Gregory Lucas seconded. The minutes were approved by a voice vote of 4-0-2 with Clifford Allen and Christopher Gillette abstaining because they were absent from the April 12th meeting.
Mayor Cannell asked if anyone were interested in speaking.
David E. Mitchell, Erie County Council, introduced himself as the new representative for the 6th District. He is an EUP graduate and was happy to be representing this area. He had two items to inform Council about that are on the Erie County Council’s agenda. First, if Council needs him to come to a meeting, it just needs to call him. Otherwise, he would be attending at least one a year. The major item of interest is the library. His role will be to fight to keep the service in Edinboro, but it is a huge political battle and not all about libraries. Funding was cut 50% last year and 10% was reinstated for 2004. He would continue to fight to keep this branch open and active, but the community needs to determine which way it will go, independent or not. Again, Mr. Mitchell stated he was at the Council’s disposal.
Mayor Cannell welcomed the class present from Edinboro University.
Mr. Cogan asked what class they were studying and was informed that the class was State & Local Government.
Because there was no further public participation, Mayor Cannell moved on to old business.
Committee Reports:
Finance Committee: Mary Ann Horne reported that the committee met before the Council meeting at 6:30 P.M. and found purchase orders and invoices to be normal expenditures. The Finance Committee would like to reschedule the 1st quarter financial review and adjustment to budget for May 17th at 6:30 P.M.
Discussion followed and Council members present agreed to the date.
Ordinance Review Committee: In Jean Davis’s absence Robert Cogan stated he was reviewing the comments from Attorney Marsh on the Public Indecency Ordinance. He noted that Attorney Marsh made an important point in that they needed to define adult and sexually-oriented businesses. He hoped to finish items pending when Ms. Davis returned.
Personnel Committee: Clifford Allen reported that they met April 19th with Manager McFadden and Chief Craft to review the process for the oral exams to be held May 15th starting at 8:00 A.M.
Recreation/Lake/Environment: Clifford Allen asked the Manager if there were anything the Committee should be considering.
Manager McFadden stated that the Watershed Association was up and running and they should meet and discuss the Lake. Marie Lander was to set up a convenient time with the Lake Keeper John Marchese to meet.
Public Safety Committee: Christopher Gillette scheduled a meeting for May 3rd at 6:30 P.M.
Streets, Buildings, & Grounds Committee: Christopher Gillette reported they met April 19th and discussed the bathhouse. 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
Streets, Buildings, & Grounds Committee recommend denying the bids. They met with Bob Marz who will redesign the bathhouse with no frills and shrink size if necessary and re-bid before Labor Day to have work done at the end of this season.
Mayor Cannell asked how the architect estimate could be so far off.
Chris Gillette stated electrical and plumbing costs were high. Electric sensors for sinks, towels, toilets would be replaced with paper towel dispensers, etc.
Mayor Cannell asked if this would cost the Borough more for the architect when he was so far off in his estimates.
Robert Cogan also asked about costs for the redesign since he would be cutting over $100,000 from the design.
Greg Lucas stated he really missed big time in his estimate. Granted we have to have ADA and prevailing wage, but hopefully with a scale down, it will be closer.
Mary Ann Horne stated that the cost for the design so far was $8,800.00.
Manager McFadden would look at the contract with Bob Marz and discuss it further.
Mary Ann Horne asked what they would do for this summer with no bathhouse. Manger McFadden stated that they would have to have a few more porta potties and a storage trailer of some kind for the lifeguard equipment.
Discussion followed on a larger area in which to change.
Manager McFadden stated that they looked at a trailer like that, but it was $5,000 a month and not feasible.
Christopher Gillette motioned to deny the bids for the bathhouse and Mary Ann Horne seconded. The motion passed by 6-0 voice vote.
Mayor Cannell asked the Solicitor for his report. Solicitor Marsh stated he had a few items, but he requested an executive session at the end of the meeting on Edinboro V. DEP, Commonwealth Account No. 2696 C.D. 2003; Edinboro v. DEP, EHB Docket 2004-106R; and Edinboro v. DEP, EHB Docket No. 2004-017R.
Council agreed to an executive session at the end of this evening’s meeting.
Solicitor Marsh went on to say he was happy to report that the Pennsylvania League of Cities and Municipalities (PLCM) filed an Amicus Brief regarding hydraulic overload. It was contested by DEP, but the Commonwealth court allowed the brief. The copy of the proposed brief supported the Borough’s arguments. Solicitor Marsh stated that PLCM stated where municipalities periodically have clogged sewage conveyance systems with debris or roots, a decision from this Court could require sewage treatment plants to halt development and achieve an impractical and excessive standard of treatment and capacity and invest in unnecessary upgrades to existing plants.
Solicitor Marsh also reported that DEP had answered their additional request for information, and he would discuss that in executive session and determine their strategy.
The brief from DEP was also received today on the Commonwealth Court case. A copy would be given to Manager McFadden for Council, and, since he had received it today, Solicitor Marsh was only able to review it once before this meeting.
Manager McFadden asked if Solicitor Marsh had heard from PMAA. Solicitor Marsh reported last week PMAA verbally stated they would be filing a brief on our behalf also. They had reviewed our brief and felt it was well founded.
Mayor Cannell asked if this would change the date of the hearing. Solicitor Marsh stated he was ready to argue the case on May 4th as scheduled.
Mayor Cannell stated he was glad to see the PLCM backing.
MANAGER:
Manager McFadden reported that Resolution 9-2004 was affirming the resolution of the Civil Service Commission that met in June of 2003 because the original examining company had gone out of business.
Bob Cogan moved and Mary Ann Horne seconded to approve Resolution 9-2004 as follows:
Home Rule Borough of Edinboro
RESOLUTION No. 9-2004
WHEREAS, the rules and regulations of the Civil Service Commission of the Home Rule Borough of Edinboro require any amendments made by the Commission to be approved/ratified by Borough Council; and
WHEREAS, the Civil Service Commission by Commission Resolution No. 1-2003 (copy attached) unanimously amended Commission Resolution No. 2-99 (copy attached).
NOW THEREFORE, BE IT RESOLVED by Council assembled this 26th day of April, 2004, that Commission Resolution No. 1-2003 hereby is approved/ratified.
The resolution passed by 6-0 roll call vote: Christopher Gillette, yes; Mary Ann Horne, yes; Gregory Lucas, yes; Clifford Allen, yes; Robert Cogan, yes; Jean Davis, absent; H. Robert Cannell, yes.
Manager McFadden moved on to explain that the Pension Committee had been doing a due diligence review for the last year, and in March he met with Marie Lander, Dennis Ranalli and Greg Pfeffer with options Merrill Lynch proposed. After the review Dennis Ranalli was asked to bring these recommendations to the Pension Committee. He did that on April 22nd where Rob Kennerknecht, Maggi Stablein, Vicki Coffin, Doug Bennett and Jeff Craft were present. Dennis Ranalli recommended keeping Regent and replacing Rittenhouse with Furman Selz and adding a fixed asset manager Fayez Sarofin. Our pension reviews showed that during good times we were up and in poor times we were on the down side. The committee concurred that the down side needed to be better. This change will do that as well as lower the fees from 1.47% to 1.1%.
Jean Davis and Mary Ann Horne have reviewed all the information from Merrill Lynch and concurred.
Manager McFadden requested and recommended the approval of this action.
Mary Ann Horne moved and Robert Cogan seconded the adoption of Resolution 10-2004 as follows:
Home Rule Borough of Edinboro
RESOLUTION No. 10-2004
WHEREAS, officials of the Home Rule Borough of Edinboro have been conducting a due diligence review of the defined benefit pension fund investment management; and
WHEREAS, Dennis Ranalli of The Ranalli/Pfeffer Group/Merrill Lynch has made a recommendation to reconfigure said management; and
WHEREAS, the recommendation has been reviewed by the representatives of Council, management, police and non-uniformed employees who have been conducting said due diligence review; and
WHEREAS, those representatives present at the April 22, 2004 presentation of the final recommendation by Mr. Ranalli unanimously endorsed adoption of his recommendation; and
WHEREAS, approval of the recommendation is likely to achieve the objective of improving downside performance of the investments; and
WHEREAS, approval of the recommendation will reduce associated fees from 1.47% to 1.1%.
NOW THEREFORE, BE IT RESOLVED by Council assembled this 26th day of April, 2004, that the recommendation of Dennis Ranalli and the pension review representatives is approved as follows: The services of Regent shall be continued, the services of Rittenhouse shall be discontinued, and the services of both Furman Selz and Fayez Sarofim shall be retained.
BE IT FURTHER RESOLVED that the Borough Manager is authorized hereby to execute such documents as necessary to effect this Resolution.
The resolution passed by 6-0 roll call vote: Mary Ann Horne, yes; Gregory Lucas, yes; Clifford Allen, yes; Robert Cogan, yes; Jean Davis, absent; Christopher Gillette, yes; and H. Robert Cannell, yes.
Letter to Dr. Naomi T. Johnson regarding updated police service agreement would be discussed at the Public Safety meeting.
Council’s insert into the recycling newsletter was available for review. Any changes must be given to Maggi Stablein tomorrow morning. Solicitor Marsh was asked to review the Court update for additions or changes.
FINANCE:
Mayor Cannell introduced the bills for payment.
Mary Ann Horne moved to approve the submitted bills totaling $61,769.03, and Robert Cogan seconded. With no other questions on the bills, the motion passed by a 6-0 voice vote.
Mayor Cannell questioned the Sam’s Club rags being posted on water and general fund expenditures, and it was clarified that they share the cost. He also asked about Berkheimer being paid EIT quarterly, and Manager McFadden stated it was correct.
Mayor Cannell introduced the payroll as submitted for the period ending April 10, 2004 and paid April 16, 2004 totaling $50,252.93.
Mary Ann Horne moved to approve the payroll, and Robert Cogan seconded. The motion approving the payroll, overtime reports and supplemental time sheets passed unanimously by a voice vote 6-0.
Mayor Cannell asked why there were no figures, just hours worked. He felt there was no purpose having this information. Christopher Gillette added that they requested hours because they were watching police hours in the past. Manager McFadden stated he would look at this report.
Monthly report was available for review.
PUBLIC
SAFETY:
Police monthly reports and canine report was available for
review.
Robert Cogan stated that the dog had only three (3) sniffs last month, one car, a house, and a dorm and found only one (1) item.
Mayor Cannell stated that is why he was asking for funding because he is used outside the Borough and should be subsidized. He questioned the schooling listed as four days, and Manager McFadden stated it was mandatory training.
BOCA CODE/PLANNING/ZONING:
Monthly Report was available for review.
PUBLIC WORKS:
Monthly Report was available for review. Clifford Allen asked if the docks were being floated down to the Lake, and if the personnel were wearing life jackets.
Manager McFadden stated yes.
Bids for Crack Seal were opened today at 1:00 P.M. as follows:
Name Address Unit Price Total Price
E. J. Brenaman Co. West Lawn, PA $ 17.22 $23,160.90
Russell Standard Corp Fairview, PA 12.58 16,920.10
Commisso Paving Youngstown, OH 18.58 24,990.00
Concrete Coring Co. Inc. Herman, PA 11.15 14,996.75
Memo from Public Works Director Tom Schruers recommended awarding the bid to Concrete Coring Co. Inc. for a unit price of $11.15 not to exceed $14,818 which was the County Aid funding.
Christopher Gillette moved and Mary Ann Horne seconded, awarding the bid to Concrete Coring Co. Inc. for a unit price of $11.15, not to exceed a total of $14,818 for crack sealing. Motion passed unanimously by a 6-0 voice vote.
WATER SYSTEM:
Monthly report was available for review.
COMMUNITY DEVELOPMENT/PROJECT COORDINATION:
Monthly report was available for review.
COMMUNITY LIAISONS:
Environmental Shade Tree Advisory Committee – Mary Ann Horne reported that they met Thursday and would be receiving nine trees from Erie County Planning and Davey Resources. Last year they also received nine trees. They discussed placement of the trees.
Caroline Rhodes has picked a location and tree for Council to honor her for her years of service. The Committee will also plant one in Kurt Sanders memory, and the location will be reviewed with Susan Sanders.
The committee appointed Rita Lucas Chairperson and Maggi Stablein Vice-Chairperson for 2004. They will continue to work on a Shade Tree Ordinance.
PLCM Campus Community – Mayor Cannell stated he attended the PLCM conference last year and was the voting delegate and felt it was a very worthwhile conference to attend and encouraged participation. The Council needs to appoint a voting delegate and alternate for 2004.
Clifford Allen moved and Christopher Gillette seconded that Mayor Cannell be the voting delegate for the PLCM conference and resolution committee. With no objections the motion passed by 6-0 voice vote.
Clifford Allen went on to appoint Mary Ann Horne as alternate delegate for the PLCM conference and resolution committee.
Robert Cogan seconded the motion and it passed by unanimous voice vote of 6-0.
EUP Administration – Mayor Cannell reported he attended an EUP sesquicentennial committee meeting, which he is a member, in President Pogue’s office.
Watershed Association – Mary Ann Horne reported they had a great turnout of sixty to seventy people on April 21st at Nick’s Place. The two speakers spoke on zebra muzzles and nutrients in the Lake. There seems to be great support to keep the Lake healthy with memberships to the Watershed Association at: Individual, $10.00; Family, $20.00; Patron, $50.00; and Benefactor, $100.00. There will be a Lake cleanup this Saturday from 9:00 A.M. to noon. Last year we took a dumpster of trash as well as 50 times from the lake. We hope it won’t be that bad this year. People with canoes are also volunteering their help.
Joint Municipal Planning Commission – Christopher Gillette reported they met April 14th and discussed the proposed zoning in Washington Township. The James, Mary Ann and Sara Strand were present and they had concerns that Washington was encouraging growth near Wal-Mart and not on Route 99. They also discussed the leader surveys, and Steve Halmi discussed the KOZ in Franklin and industrial/commercial sites Washington Township. He presented three options for sewer lines: Angling Road, Route 6N or Crane Road.
Goals 2004 – Mayor Cannell added a new item—Goals. He stated that he had given each Council person a copy of the goals of 2002, and he/she should submit to him or Mary Ann Horne what he/she would like to set for goals in 2004. After he/she submitted them, he would meet with Mary Ann Horne to review them and get them back to each Council member with projected goals of 2004.
Other Old Business:
DCED notice on awarding single application for assistance totaling $20,250.00 was discussed.
Mary Ann Horne asked that thank you notes be sent to the six (6) who gave the Borough letters of support. They should be thanked for helping us to get this grant and also give them a copy of the letter from DCED.
Mary Ann Horne moved and Robert Cogan seconded to send letter to those who gave letters of support of the DCED grant application. The motion passed by 6-0 voice vote.
Mayor Cannell asked Jon Foulkrod, Washington Township Mayor, if he had any remarks. Because Mr. Foulkrod had none, Mayor Cannell moved on to new business.
New Business:
Robert Cogan stated that tomorrow is the primary election and a bond issue for sewers was on the ballot. He explained there were two schools of thought on the bond issue—one, the short termers think it is a serious problem in urban areas, mostly in Pittsburgh and Philadelphia. The long termers think it will help developers, will provide large amounts of money to facilitate, and will cause more sprawl with sewerage and water systems. They feel it needs to be voted down and on-lot disposal and small flow systems reviewed.
Mayor H. Robert Cannell reminded everyone of the special bulk trash collection May 8th. He encouraged students from EUP who were present to donate large items to the Library Garage Sale, which will be held May 21st and May 22nd at the Fire Hall. Donations can be left on Saturdays between 9:00 A.M. and noon at 111 Walker Drive. Mary Ann Horne informed them that Walker Drive was the road after the Giant Eagle, and if the items were too big for them to handle to call the Borough building for someone to pick them up. Clifford Allen asked if this was advertised on the Cable station and on the weather scrawl. Manager McFadden stated he would check on having this added.
Since there was no further new business, Mayor Cannell asked for adjournment.
EXECUTIVE SESSION:
Meeting was adjourned to executive session at 8:05 p.m. to discuss Edinboro V. DEP, Commonwealth Account No. 2696 C.D. 2003; Edinboro v. DEP, EHB Docket 2004-106R; and Edinboro v. DEP, EHB Docket No. 2004-017R with Attorney Marsh.
Meeting was reconvened at 8:55 p.m. Being nothing further to report, the Mayor asked for adjournment.
Christopher Gillette motioned for adjournment and the meeting was adjourned at 8:56 P.M.
ATTEST:
___________________________ _____________________________
Manager E.R. Buck McFadden Mayor H. Robert Cannell
HIGHLIGHTS
April 26, 2004
· Payment of bills
· Payment of payroll
· Minutes
· Resolution 9-2004 Civil Service Commission Resolution 1-2003
· Resolution 10-2004 Pension Manager Change
· Bid awarded to Concrete Coring Co. Inc at $11.15 gallon not to exceed total $14,818. for Crack Sealing
· Deny all bids on bathhouse – reschedule bidding with new no frills design around Labor Day for work to be done end of this season.
· PLCM voting delegate Mayor Cannell & alternate Mary Ann Horne
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.
·
UPCOMING MEETINGS:
· Public Safety Committee – May 3rd 6:30 p.m.
· Special May 8th 5:30 a.m. Special Bulk Trash Pickup
· May 17th 6:30 p.m. 1st Quarter Review of Finance
· 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
· May 24th – reception to honor EMS (cookies, punch, awards, notice in newspapers)
· Personnel Committee of Council – May 15th 8 a.m.
· Civil Service Commission – May 20th
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
April 26, 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 _ABSENT___, 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, April 12, 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 – date to be scheduled
2. Ordinance Review Committee –Jean Davis - 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
a) Met April 19th Kip Allen & Chris Gillette; Bob Cannell absent
b) Oral Testing for Police Officer - May 15th
4. Recreation/Lake/Environment – Kip Allen
5. Public Safety – Chris Gillette –
6. Street, Buildings, and Grounds – Chris Gillette – met April 19th
a) Bathhouse – Recommendation to deny bids
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 –
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) Borough of Edinboro v. DEP and Pennsylvania League of Cities-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
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) Reception for EMS after 5/24 Council meeting
1 B) Approving Civil Service Commission Resolution No. 1-2003 – ACTION: Resolution 9-2004
1 C) Recommendations from Pension Committee – ACTION: Resolution 10-2004
1 D) Letter to Dr. Naomi T. Johnson – Updated police service agreement – FYI
1 E) Council’s Insert for Recycling Newsletter - FYI
2. Finance
a) Authorization to approve bills to be paid
Action: Motion to approve bills totaling $61,769.03
b) Authorization to approve payroll
Action: Motion to approve payroll ending April 10, 2004, paid April 16, 2004, totaling $ 50,252.93
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
1) AWARD Crack Seal Bids – opened 4/26 1 p.m.
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
2004 Chairman Rita Lucas; V. Chairman Maggi Stablein
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
a) PLCM Voting Delegate and Alternate Delegate & Resolutions for Committee Appointment
8. PLCM Local Group – Kip Allen
9. Washington Township Liaison – Jean Davis
10. Authority – Jean Davis
11. Sewer Committee – Jean Davis, Chris Gillette, Bob Cogan
12. EUP Administration – Bob Cannell
13. Watershed Association – Mary Ann Horne –Met April 14th ; Event 4/21 Nick’s Place
14. Joint Municipal Planning – Chris Gillette – Met April 14th
Other Old Business –
A. DCED – Notice on Single Application for Assistance $20,250 – FYI
B.
VII. New Business
A.
VIII. Adjournment
REMINDERS:
Finance Committee April 26th 6:30 p.m.
Special Bulk Trash Pickup May 8th 5:30 A.M.
2004 Council Meeting Schedule:
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 May 2004