HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
May 10, 2004
Call to Order:
The following Council members were present: Mayor H. Robert Cannell, Bob Cogan, Jean Davis, Greg Lucas, Christopher Gillette, and Mary Ann Horne. Member Clifford Allen was absent. Also in attendance were E.R. McFadden, Borough Manager; and Marie Lander, Assistant to the Manager. Guests present were Nancy Crawford, Bob Jahn, Jen Duda, Erie Times News, and Jon Foulkrod, Washington Township.
Mayor Cannell introduced the minutes from the Regular Council meeting held April 26, 2004. Mary Ann Horne moved for approval of the minutes and Gregory Lucas seconded. The minutes were approved by a voice vote of 5-0-1 with Jean Davis abstaining because she was absent from the April 26th meeting.
Mayor Cannell asked if anyone were interested in speaking.
Bob Jahn, 4720 Kinter Hill Road, spoke on behalf of Andy Schultz and himself. They have run the summer recreation program of 3 on 3 basketball and 4 on 4 touch football. He again asked for approval to use the courts behind Pizza Hut and to have a certificate of insurance sent to the General McLane School Service Center regarding the touch football camp. He also stated they were available to offer guidance and advice, if needed, on what needed to be done to the basketball courts regarding repaving. Because they had utilized the courts for years, they had ideas on drainage and other items to share.
Mary Ann Horne moved to approve the summer camps and authorize the issuance of the insurance certificate, and Christopher Gillette seconded. Mayor Cannell commended Mr. Jahn and his staff for their time and efforts for the community. Mary Ann Horne also thanked him for a great job and his help in getting the grant. The motion passed unanimously by a 6-0 voice vote.
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. She reminded Council of the Committee of the Whole meeting called by the Finance Committee regarding the 1st quarter financial review and adjustment to the budget for May 17th at 6:30 P.M.
Ms. Horne also directed the Council members to review the May 11th correspondence on their desks to EMTA regarding payment of $68,500.00. The Borough’s budgeted portion was $6,500.00, and the remainder was the Student Government Association portion.
Mayor Cannell requested that the Finance Committee find a way to reduce the EIT by ½ % which would be about $200,000.00 He also asked that the 1st quarter reports be sent out to Council to review prior to the meeting. Manager McFadden stated that staff would be reviewing the 1st quarter reports this week, and he would try and have them out for the weekend.
Ordinance Review Committee: Jean Davis reported they had not met since the last meeting because she was out of town. They would be meeting shortly to review the comments from Attorney Marsh on the Public Indecency Ordinance and review Ordinance 516 regarding adoption of the Universal Construction Code (UCC).
Personnel Committee: In Clifford Allen’s absence, Manager McFadden reported that they would meet May 22nd at 8:00 A.M. to do the oral testing for the police officer civil service list. Bob Cogan asked if it was open to Council or the Civil Service Commission. Manager McFadden stated it was the Personnel Committee of Council with the Manager and Police Chief who do the interviews, and the Civil Service Commission sits in review of the process and to certify the list.
Recreation/Lake/Environment: Manager McFadden stated that the meeting with the Watershed Association was not yet scheduled. They were waiting for them to fill three (3) vacancies.
Public Safety Committee: Christopher Gillette stated they met May 3rd and notes were in the packet. Discussion on hiring needed to be continued, and the budget needed to be considered. They felt they needed nine (9) officers but needed to know if they could afford all nine (9) officers. Discussion followed.
Bob Cogan asked that a chart be prepared showing staffing of 7, 8, or 9 officers.
Bob Cogan also asked about the police complaint/commendation form which he felt was important to avoid litigation.
Mary Ann Horne requested a Committee of the Whole meeting on June 7th at 6:30 P.M. with the Finance and Public Safety Committees focusing on police officers. Discussion followed on seven (7) officers and overtime to bridge the loss of one (1) or two (2) officers.
Mayor Cannell stated he heard the EUP Police would be going from 14 to 7 on June 1st. It was noted that seven were eligible to retire, but no one was sure if they were being replaced. Manager McFadden directed Council to see a letter addressed to Dr. Pogue regarding this situation.
Mayor Cannell informed Council that he would be riding with a police officer this week.
Streets, Buildings, & Grounds Committee: Christopher Gillette had nothing to report.
Manager McFadden reported he met Attorney Marsh in Pittsburgh for the appeal hearing. The nature of the proceeding is that a three judge panel heard from each side for 7-10 minutes on highlights and then asked questions. This was the 4th case this panel heard that day. This is basically an appeal of the EHB record and nothing new can be introduced.
A letter from the DEP is being reviewed by Solicitor Marsh and will be addressed at Council’s pleasure in executive session May 24th. It was agreed to have an executive session May 24th at 6:00 P.M. prior to the regular meeting. Mayor Robert Cannell requested a box lunch. It was noted that the EMS reception would follow the meeting.
Manager McFadden referred Council to the letter in the packets to HRG. An agreement was handed out to Council that was received today with regard to HRG conducting a second opinion on Art Kuholski’s engineering reports. The firm works state wide and is familiar with the DEP statewide. Rob Kennerknecht, Superintendent of the WWCT, is familiar with this firm because of its knowledge of “Schreiber” systems, its active part in Municipal Authority Associations and familiarity with this area. Rob recommends this firm to the Municipal Authority, Council, Solicitor, Manager and Engineer. Today Rob Kennerknecht, Art Kuholski, Attorney Marsh, and Manager McFadden met this firm and also briefly the beginning of this year. An agreement was presented addressed to Attorney Ritchie Marsh in letter form to do a peer review on work previously done by Lake Engineering, which includes site visits expert testimony and/or advising us through Attorney Marsh, if necessary. Attorney Marsh is asking that Council and the Authority allow him to retain the firm as expert advisors. Discussion followed regarding costs and scope of service. Jean Davis noted that the Authority had the same discussions and felt comfortable with a initial limit of $5,000 to start.
Jean Davis moved to authorize Attorney Ritchie Marsh to hire HRG as outlined in the agreement with an initial limit of $5,000. Greg Lucas seconded, and the motion passed unanimously by 6-0 voice vote.
Mayor Cannell asked if there were anything about e-mails and the Sunshine Law from Attorney Marsh. Manager McFadden stated he would get Council a copy of the information he read in the Authority Magazine regarding this while they awaited the Solicitor’s decision.
MANAGER:
Manager McFadden reported that a copy of the letter sent out to those who gave supporting letters for the DCED grant could be found on Council’s desks.
FINANCE:
Mayor Cannell introduced the bills for payment. Mary Ann Horne moved to approve the submitted bills totaling $166,745.18, and Jean Davis seconded. Mayor Cannell questioned the EMTA payment when they were closing down from May until September. He wondered if residents knew where the stops were and the routes. Since it was a pilot program the stops have not been finalized and signs were up designating where they stopped. EMTA marketing people have requested information on large events to come and survey people and market the project. We have informed them of commencement, the Edinboro Triathlon, the Highland Games, Homecoming, and the 4th of July event. Mayor Cannell questioned the invoice to Lake Engineering for water regarding vulnerability. Manager McFadden informed Mayor Cannell that it was mandated by Federal law to have a vulnerability study of the water system by the end of June 2004. After questions on the bills, the motion passed by a 6-0 voice vote.
Mayor Cannell introduced the payroll as submitted for the period ending April 24, 2004 and paid April 30, 2004 totaling $51,225.47. 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 6-0.
BOCA CODE/PLANNING/ZONING:
Bob Cogan asked if they would be opting in or out. Manager McFadden stated that the Borough has been utilizing BOCA requirements here for a long time and have local inspections. Dave Zamierowski is taking courses and tests to prepare for this. We looked earlier at options to join with Millcreek Township, reviewed having a common ordinance and hiring a third party to inspect, but we have decided to keep it in-house.
WATER SYSTEM:
An engineering survey of sewer and water rates was compared to our rates. This is also done at budget time and compared with rates in Erie County and in municipalities that host SSHE universities. As you can see the WWCT rates of the Borough are low when compared to those of other municipalities. In this survey our residents pay $19.17 month while the average is $30.00 month. Nonresidents pay $148.20 per month with the average around $100.00. The water rates of the Borough are also lower than the average or even the low in this survey. Residents average $10.62 month while the survey shows $15.00 as low and $25.00 as average. Nonresidents pay $98.80 month while the survey shows $150.00 as low and $200.00 as average for water.
COMMUNITY LIAISONS:
EVFD – Bob Cogan reported they met May 2nd and would be raising funds for a $300,000 pumper truck replacement. They increased their budget for printing materials for the fundraiser. There was discussion on requests of yearly assessments from property owners regarding percentage of property value, but this was thought to be sticker shock to most. The gun raffle raised approximately $17,000.00. A new Vice-president was sworn in, John Miller. Bob Cogan asked how the Borough handled it when people asked for credit cards. Manager McFadden stated that they did not have credit cards, but they used their personal ones and were reimbursed from conferences and seminars as needed.
Mayor Cannell stated that ACT 5 of 2004 as listed in the PLCM notes has low interest loans for fire departments, which maybe of interest to the EVFD. Mr. Cogan stated that the EVFD does pursue grants.
Bob Cogan asked about how the reception for the EMS would be handled. He asked that a resin figurine costing $70.00 be purchased to be displayed in the fire hall. Since this was the 30th anniversary, he would like to have EMS individuals presented with certificates by the Mayor. Bob Cogan moved to purchase the resin figurine and Jean Davis seconded, and it passed unanimously by voice vote of 6-0. The Manager was asked to order the figurine.
PLCM Campus Community – Mayor Cannell asked the Manager about the Northwest Spring Dinner. Manager McFadden explained it was held April 29th in Corry, and that Bob Cannell, Kip Allen and he attended. Information regarding legislation updates was included in the packets for Council. Next meeting will be at the PLCM Conference June 23-25 at State College.
Mayor Bob Cannell went on to say that the HB2129 addressing issues of tax exempt properties was very interesting, and Manager McFadden stated the HB2201 regarding Municipal Public Safety and Service fees also should be of interest to Council members.
Washington Township – Mayor Cannell reported that he had attended the Washington Township meeting since Jean Davis was out of town. They had Denny Porto and James Strand requesting changes in the Route 99 zoning. Jim Strand’s daughters would like to build a conference center, and Denny Porto was looking to build a housing development. They will consider changes from Crane Road south to the Commercial zone.
Jon Foulkrod, the Mayor of Washington Township, stated the central issue of the JMPC was, if the Township was zoning residential, they should provide water and sewer. They had thought to change it from the present R-1, which is single-family dwelling because they had no way to provide infrastructure to this area. They are discussing changing it now to R-1 or R-2. If it is already a commercial zone, there is a 500 foot setback and could probably get an extension of the commercial zone which was already in place. A hundred room facility on Route 99 in a commercial zone would work, but the bigger question is infrastructure.
Bob Cannell went on to say they discussed the DEP consent order and that it has been extended from the June 2004 deadline. Jon Foulkrod reported they basically signed the consent order 1 ½ years ago to avoid litigation, so they admitted to being bad. They thought 1 ½ years would be enough time, but they have negotiated to extend. There was nothing in writing yet, but the DEP representatives, their Solicitor, Engineer, and Manager have verbal approval for an extension indefinitely until the Borough’s litigation is complete. The DEP will also grant Washington Township 10 EDU’s a year and allow quarterly reporting instead of monthly. The DEP was also pleased to see they had bought a camera to check on I & I in Washington Township.
Mayor Cannell went on to say Washington Township was asked to donate $2,500.00 to the YMCA toward the pool, and the letter Washington Township had received stated that the lease was signed by the Orr Brothers for this year. It also says that the Orr Brothers would be running it themselves and that 65% of the members at the pool were from Washington Township.
Joint Municipal Planning Commission – Notes from the last meeting were in the packets for review.
Goals – Mayor Cannell asked everyone to please finish their goals and give them to Mary Ann Horne or himself.
Watershed Association – Mary Ann Horne reported they had a Lake clean up Saturday May 8th from 9:00 A.M. until noon. Manager McFadden added that they did canoe work up the fingers of the lake, Washington Township Park, at the shoreline near the Mall on both sides, by the Boy Scouts and Onda Beach. Last year there were several tires in the fingers of the Lake, and this year there was less material collected than last year. This is definitely a good sign.
Authority Meeting – Jean Davis reported that the Authorities met this evening. The Municipal Authority agreed to the engineering firm for independent review. They have two residents on Hillcrest who need to take their storm sewer out of sewer system and are working on it.
The Water Authority was informed that EUP is not working on a project for a generator at Cooper Hall and will only be working on one at Ross Hall. They had hoped to do a joint project for a generator for the air stripping tower. They also will be flushing hydrants on Thursday night.
Other Old Business:
A letter regarding the Edinboro Triathlon was available for discussion.
Erie County Association of Boroughs Awards Program was reviewed, and Mayor Cannell stated that Jean Davis qualified for the George V. Thomas Award for over 30 years of service. He also thought that Kip Allen may also qualify for one (1) of the awards. Bob Cogan moved, and Mary Ann Horne seconded to nominate Jean Davis for the George V. Thomas Award. The motion passed by 6-0. Manager McFadden was instructed to prepare the paperwork and to check on the qualification of Kip Allen for an award.
A letter to Rick Gilson of the DEP from YMCA was available for review.
Mayor Cannell noted the closing of two gas stations at the corners of town by Ran Oil who filed Chapter 7. Discussion followed on options for redevelopment. Manager McFadden was instructed to check on Erie County redevelopment help and with Rick Schenker’s office for Erie County business recruitment. Christopher Gillette recommended asking the owner for his plans first.
Mary Ann Horne also reminded Council that they needed the new zoning changes before the property changed hands and another building like the movie shop was built. This needs to be revisited by the Planning Commission soon.
Bob Cogan also asked what the situation was on the tanks of the closed stations. Manager McFadden stated he would have these items checked.
New Business:
Greg Lucas asked about the dumpster ordinance. He remembered back in December it being tabled and wondered if it was revisited and approved for fencing or painting, and asked when was the deadline to complete it. It was noted that several dumpsters needed to be cited over the weekend and Monday. It was suggested to have dumpster owners cited during the weekend if they did take care of their dumpsters.
Mary Ann Horne suggested having Dave Zamierowski work Friday night and Saturday during this time of the year to make sure it is cleaned up.
Bob Cogan motioned for adjournment, and the meeting was adjourned at 9:04 P.M.
ATTEST:
___________________________ _____________________________
Manager E.R. Buck McFadden Mayor H. Robert Cannell
HIGHLIGHTS
May 10, 2004
· Payment of bills
· Payment of payroll
· Minutes
· Authorize Solicitor to hire expert witness with initial $5,000 limit.
· Authorize summer recreation programs
·
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:
· Committee of the Whole: Public Safety Committee & Finance Committee – June 7th 6:30 p.m. discuss number of police officers
· 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 – 6:30 P.M. on Council meeting nights
· May 24th – reception to honor EMS (cookies, punch, figurine, awards, notice in newspapers)
· Personnel Committee of Council – May 22nd 8 a.m.
· Civil Service Commission – May 24th 1 p.m.
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
May 10, 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 _ _, and Marie Lander, Assistant to the Manager ____.
III. Approval of Minutes:
· Regularly Scheduled Meeting, April 26, 2004.
Action: Motion to approve minutes
IV Persons Requesting Time to Address Council
A) Bob Jahn – 3 on 3 basketball
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 – May 17, 2004 6:30 p.m.
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) Oral Testing for Police Officer - May 22nd 8 a.m.
4. Recreation/Lake/Environment – Kip Allen
a) Meeting with Watershed Association – date to be scheduled
5. Public Safety – Chris Gillette –
a) met May 3
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 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) Letter to HRG - FYI
2. Bulk Water agreement with Washington Township – no new information
3. Borough of Edinboro v. City of Erie – nothing 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
e) set up meeting Watershed Association & Recreation/Lake/Environment Committee
f) Check out contract with Marz on bathhouse bidding
g) Review reports for packet for payroll
h) Thank you letters to 6 who wrote supporting letters for grant – DCED grant
1 B)
2. Finance
a) Authorization to approve bills to be paid
Action: Motion to approve bills totaling $ 166,745.18
b) Authorization to approve payroll
Action: Motion to approve payroll ending April 24, 2004, paid April 30, 2004, totaling $ 51,225.47
3. Personnel
4 Public Safety
a) Emergency Management
b) Emergency Medical Service (EMS)
c) EVFD
d) Police
e.) Employee Safety Committee
5. BOCA Code/Planning/Zoning
6. Public Works
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
a) CET Survey – Sewer and Water Rate Survey Results
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
a) PLCM Northwest Spring District – April 29th
b) PLCM 2004 District Meeting Legislative Update - FYI
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
14. Joint Municipal Planning – Chris Gillette – Unofficial Notes of Meeting April 14th
15. Goals – Bob Cannell
Other Old Business –
A. Edinboro Triathlon - FYI
B. Erie County Association of Boroughs Award Program - FYi
VII. New Business
A.
VIII. Adjournment
REMINDERS:
Authority Meeting May 10th 5 p.m.
Finance Committee May 10th 6:30 p.m.
Special Bulk Trash Pickup May 8th 5:30 A.M.
2004 Council Meeting Schedule:
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