HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
May 24, 2004
Call to Order:
The following Council members were present: Clifford “Kip” Allen, Mayor H. Robert Cannell, Bob Cogan, Jean Davis, Greg Lucas, Christopher Gillette, and Mary Ann Horne. Also in attendance were Solicitor R. Marsh; E.R. McFadden, Borough Manager; Dave Zamierowski, Code Enforcement Officer; and Marie Lander, Assistant to the Manager. Guests present were Nancy Crawford; Susan Campbell; Bob Hanson; Tracy Halmi; John Ponsoll; John D. Sweeney; Mick & Marge Kondale; Mona Buschak; Ruth Ann Woods; Misty Knaus; Wm Scott Loop; Shannon Hoka; Dave Meabon; Pat Bryson; Donald Bellew; John Bellew; Mary Bellew; Jim McEldowney; Tom Mathie; James Strand; James Strand Jr.; Randy Walker; Art Smaltz; Dick Walker; Ryan Smith, Meadville Tribune; Jen Duda, Erie Times News; and EVFD EMS.
Mayor Cannell introduced the minutes from the Regular Council meeting held May 10, 2004. Mary Ann Horne moved for approval of the minutes and Jean Davis seconded. The minutes were approved by a voice vote of 6-0-1 with Clifford Allen abstaining because he was absent from the May 10th meeting.
Mayor Cannell asked if Sharon Dimasi was present, who had requested time to speak. With Ms. Dimasi not present the Mayor opened the meeting to anyone interested in speaking.
James Strand, Route 99. He explained that his partner and he owned property on Pinecrest and they were unable to sell the lots because the people could not get building permits. He explained that he had an invoice from the Borough for Lake Engineering fees for the subdivision and that he will pay this bill but requested deferral until he could sell the lot. Jean Davis moved and Christopher Gillette seconded to defer payment until sale of the lot. Motion passed unanimously by 7-0 voice vote.
John Ponsoll, 108 Beau Drive. Owning the same property that Mr. Strand has just spoke about, he was paying full tax on empty lots of approximately $2,000 and wondered if he could get taxes back. He had planned on selling property for his $120,000 education bill of his child. He stated he could not make a living if he can not sell property. Suggest Borough purchase remaining three (3) lots. He stated he blames both DEP and the Borough. Mayor Cannell stated that all Council members were concerned and they were trying to get DEP to resolve this problem and they have been working diligently at doing this. Mr. Ponsoll also asked if statement by DEP that $300,000 costs would have paid for $160,000 wound. Again the Mayor stated that Council will give an answer later in the meeting to please listen.
Dave Meabon, 103 Maple Drive. Asked if it would be appropriate to speak now or after they heard what the Borough planned to do. Mayor Cannell stated that DEP had gone back on their word.
Jean Davis moved and Clifford Allen seconded to move from the agenda to Solicitor Report. With no objections the motion passed by 7-0 voice vote.
Mayor Cannell stated the Solicitor would bring the people up to date and inform them of what they are going to do. Solicitor Marsh stated that the Borough is in an ongoing negotiations. The DEP had required that all settlements and negotiations not be revealed to the press and we have complied. It was a surprise and disappointment to the Council and Authority to hear about the press release by DEP. In the press release DEP stated they demand we accept by tomorrow with blanks in the agreement between the two parties and it is unreasonable for Council and the Authority to sign. We are proceeding on parallel tracks for an amicable and reasonable settlement and to have the ban and civil penalty assessment eliminated. We will seek decision by Environmental Hearing Board and at the same time see if DEP means what it says on coming up with a reasonable settlement agreement; one will be sent from the Council and Authority. The reason the DEP decided to breach their own agreement not to go to the press, Attorney Marsh felt, was that they wanted the public pressure on the Council and Authority to do something they shouldn’t do. If you have read the article in the Meadville Tribune they gave you correct information that the PMAA has filed an amicus brief agreeing with the Borough and PLCM also has agreed with our position and stated that the Department’s position defies logic. We hope to proceed with a reasonable settlement that is best interest of residents of the community.
Dave Meabon, 103 Maple Drive. Thank you Solicitor. I heard settlement and litigation. I have seen the multi page document and know the Orr's, Ponsoll, and Strand side. What are we settling and litigating? What is right and wrong? Wastewater flow or sewage flow? Pressure from the community is the concern of taxpayers. This past weekend excessive precipitation fell and water came up the storm sewers on Maple Drive and Culbertson Drive. We want future tax payers and future tax base, which means we want development. Communities in the United States are in the same situation the Borough and Township are in and they need to communicate to resolve situations. Look to future needs to integrate and upgrade so you don’t have flow going on streets in community like last week. What ever the disagreements you have with Township, as a taxpayer I ask that you address the situation, the media pressure aside. You have been appointed on behalf of Strand, Orr, Ponsoll, Meabon’s, and others. He stated he had been to meetings before and has received nothing intelligent in return and they need to resolve the problem. Mayor Cannell thanked him and told him that DEP had not told the Borough what specifically they thought we needed to do. We will present the counter proposal and hope DEP comes back and resolves the problem. Some one asked why appeal. It was answered in unison “We have no Chapter 94 hydraulic overload problem”.
Robert Cogan went on to say statistical reports show that Commonwealth Court hears a case and it is assigned, majority cases are decided in 68-72 days. Since the case was heard May 4th this takes us up to the week of July 12-16th. Progress is being made and parties are discussing earnestly, and we may have something before that time.
Jean Davis informed the public that the Borough and Township have tried to come up with an agreement. We worked and produced an agreement which the Borough signed in December of 2001 but Washington Township did not sign. Then in March of this year we and the Township agreed in principle to another agreement but DEP would not consider it, so the Township stated it would not go any further until DEP would consider it.
Robert Cogan moved to take testimony only and not respond to people because the meeting would become too long. Greg Lucas seconded the motion and it passed by 7-0 voice vote.
Tracy Halmi, 112 Sunset Drive. I’m not loosing a dime but I’m opposed to litigation and appeals. After Saturday with raw sewage on Maple Drive, the Catholic Church without a permit to build and water heading down to Mallory Run. We need to get bigger pipe.
Susan Campbell, Erie Astronomical Society. We will have a free seminar June 3rd at 1 p.m. at the new Barber Center. The speakers would include Dr. James LoPrestor, astronomer & professor, Edinboro University; Cliff Haas, LLP., nationally recognized speaker on outdoor lighting; and Stanley Stubbe, LLP., nationally recognized expert on lighting ordinances. She went on to say that fossil fuels also will be addressed and all were welcome to attend.
James Strand asked Attorney Marsh if it could be ended tonight by Council. Attorney Marsh stated it was extremely unreasonable for the Council and Authority to sign an agreement with blanks in it and areas not completed and inappropriate. Mr. Strand asked the question again if EDU’s would come available if Council agreed tonight? Attorney Marsh again stated, it would not be my recommendation. My opinion is that the agreement could not and should not be signed. Mr. Meabon stated he read the agreement and right or wrong it is a flow problem. Attorney Marsh stated that the engineering information shows it is NOT a hydraulic overload of Borough sewer system. Greg Lucas added it was a flood on Saturday. Manager McFadden added that only two manholes effused out of over several hundred manholes because not all have inserts. Technical reason is sewer gas. The small center hole in manholes lets it out and also lets in storm water. The reasons for only two effusing in the entire town was because of a pump lift station malfunction at Maple/Chestnut/Water Street which accepts the flow from Maple Drive and lifts it up to force it to the next line, a pressure line. There were two pumps, a 10 hp and a 5 hp. The 10 hp pump clogged with material that came through the line. This left us with the lesser of the two pumps. The situation was ascertained by our crew and they were able to reverse the direction of the pump to free it and put it back into operation. Freeing up caused the water in the wet well to immediately begin receding. It was a pump problem and not a line problem. Another line 8” or 10” would not have changed the outcome. One basement backup on Maple Drive was the result of situation with the pump, and 10” or 12” pipe would not make a difference. We are reviewing the situation and will address the problem of the pumps. Mr. Strand interrupted and said that DEP says you need a bigger pipe. Manager McFadden replied and told him that Rob Kennerknecht and John Marchese both feel we are correct; are you disagreeing with them? Mr. Strand stated he would talk with Mr. Kennerknecht. Mr. McFadden stated that the Borough had no back ups in 2004 except for the one on Saturday, none in 2003 and one in 2002.
Donald Orr stated there was no problem until the subdivision was built on 6N. He wanted to know what happed to the 1997 surface water study. Manager McFadden went on to say there were two drainage basins in that area. First is 6N west beyond the Elementary School and included the subdivision to the golf course. The second is the golf course down to Lakeside. This entails approximately 47-57 acres. Last year we met with Washington Township to discuss this problem which is 95% in Washington Township. We proposed cooperation from 6N area with Borough replacing storm sewer from the beach area with upgraded pipe up to Agway where there is a chamber in the triangle. We have purchased the material and will install when Tom Schruers, Public Works Dept finds time this year. We asked the Township to consider collecting and diverting storm water at the elementary school on 6N and divert and carry it to the stream behind the school. Washington Township said they would not cooperate in this. Mr. Orr stated this is second time flooded basement and the five homes in his area.
Nancy Crawford, 202 Elm Street. There are two drainage basins. What about the second, Elm Street? Manager McFadden stated that one was more expensive and a lot of the storm water arises from the golf course in Washington Township. The prposed development of townhouses by the Orr Brothers was not approved by the Borough because the storm water management was not adequate and uncontained it would make it worse.
Bob Hanson, 12349 Culbertson Drive. Asked for motion to rescind the dumpster ordinance.
Misty Knaus, 111 Maple Drive. Asked what happens if the Borough looses? What is worse scenario? Solicitor Marsh stated that was the toughest question tonight. We are being assessed penalty already which we are appealing and it is not an insignificant number. He went on to say he would not guess what would happen.
Clifford Allen called for point of order. We voted not to discuss back and forth like this; we need to call for point of order.
Shannon Hoka, 114-118 Meadville Street. We want you to rescind the dumpster screening share of the dumpster ordinance. We have a dumpster on our land, shared by three locations and now we find out we have to screen or paint it. We have a tenant that is a tattoo artist who can screen paint it but no we need to fence. She had heard it costs John Ponsoll $4,000 to put a fence around three dumpsters and she only has one and there is no recycling because no recycling dumpster. She stated she could not afford to pay the fine or even pay to have it fenced. Mayor Cannell stated he would send it back to the Ordinance Review Committee to review. Ms. Hoka went on to say that Waste Management would not allow them to paint the dumpster but Tri County said they could. Dave Zamierowski added that Waste Management relented, that you could paint just that you could not cover their decals and it would have to be put back to plain green when contract was finished.
Jean Davis stated that it sounds like the businesses don’t care what the town looks like. They don’t care if they make the Borough more beautiful when many came to the meetings and asked to enhance the community this way.
Dick Walker, Walker Bros, commented if Council wants to do something they should do something with garbage Sunday nights. Council shouldn’t have pickups on Mondays because garbage is on streets Sunday night for pickup Monday. He stated Council also hasn’t done anything about Lakeside on Saturdays. Rental properties run from Saturday to Saturday and the renter leaving on Saturday put out their garbage for pickup Monday. Even the pumping stations and sewer plants by your ordinance 308-11 need to be landscaped and have security fencing, what about working on these instead of dumpsters? Mr. Walker felt the Borough needed to do something and not the business owners.
Robert Cogan moved to delay Ordinance 514 regarding dumpsters until August 1st pending consideration by the Ordinance Review Committee. Motion was seconded by Jean Davis and passed by 7-0 voice vote. Mayor Cannell asked Mr. Walker to get a group together to talk with the Ordinance Review Committee.
Jean Davis asked about changing the day of garbage pickups. Manager McFadden stated possibly the next time we bid it, since we are in a contract. Clifford Allen directed the Manager to check with the hauler about the possible change in dates and his thoughts as well as getting cost of additional pickups on Saturdays for Lakeside rental units.
Because there was no further public participation, Mayor Cannell moved on to Manager’s Section 4b) Emergency Medical Service.
Emergency Medical Service is being honored tonight for 30th anniversary. Would the Chief of the EMS and/or his representatives please come forward. Robert Cogan, Council person liaison for the EVFD, presented the EMS with an EMS safety figurine in honor of their 30th anniversary saying, “We must always remember that there is no perfect response to an accident, a fire, or sudden medical emergency. Someone is suffering, anxious, at risk, grieving for property already damaged. Nevertheless, what volunteer firefighters and EMS workers do exhibits the finest actions and qualities of human beings: voluntary mutual aid, the fundamental force that holds all human societies together; and intelligence, applied in science, technology and with skill to helping and compassion for other suffering human beings. It is a pure, unalloyed, absolute good. There are few compensations for this work, such as the sociability of the standby crew in the fire hall. So wherever you go rushing to answer a call, or going to an incident scene, in fair weather, clear daylight, rain, sleet, fog, blowing winds, snow, ice and gloom of night, may angels watch over you and those in your care!”
Individual certificates of appreciation were also given out to the following: Terry Bland, Deborah Brown, Michael Carr, Christopher Conn, James Dahle, Jason Dahle, Sharon Emig, Greg Goss, Rebecca Gould, Brandon Johnson, Brian Jones, Kimberly Kennedy, Kevin Kerr, Holly Kimmy, Jesse L. Merritt, John Miller, Tracy Miller, Janet Orr, Norris pace, Daryl Parker, Robert Proper, Kahan Sablo, Terry Sadler, David Salser, Kevin Schmidt, Jennifer Stenger, Ron Whited, Glendon Wills, Andrea Woodard, Matthew Zimmer, Chadwick Allen, Raymond Brown, David Cummings, A.J. Gould, Thomas Gebhardt, Jon Graff, Paul Gwin, Jerred Hodak, Jeffery Hurta, Christian Karotko, Eric Lathrop, Andrew MacArthur, James Pfadt, Matthew Scowden, Patrick Spires, John Sweeney, Glen Tupper, Cameron Wolfe, Brandy Zindel, James Conway, and Bryan Sheeder.
Mayor moved on to old business.
Committee Reports:
Ordinance Review Committee: Jean Davis. Clifford Allen asked that the full reading be waived for Ordinance 516 the PA Uniform Construction Code and a roll call vote taken. Greg Lucas seconded the motion and it passed by 7-0 voice vote. The Roll call vote followed for Ordinance 516: Clifford Allen, yes; Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, yes; Mary Ann Horne, yes; Gregory Lucas, yes’ and Mayor H. Robert Cannell, yes.
PUBLIC WORKS:
Manager McFadden reported that asphalt bids were received and opened May 21, 2004 as follows:
Name Total Bid
Russell Standard Corp $57,836.60
Vincent Cross Paving, Inc. $62,317.25
James McCormick Const. Co. Inc $77,700.00
Manager McFadden noted that the list of streets given to be paved by Public Works Director Tom Schruers had Maple Drive assuming no pipeline was needed and if so a substitution would be made. Clifford Allen moved to award the bid to Russell Standard and seconded by Mary Ann Horne. The motion passed by 7-0 voice vote.
COMMUNITY DEVELOPMENT/PROJECT COORDINATION:
Manager McFadden asked Council to go to Community Development/Project Coordination monthly report. The section on CDBG where Vick Coffin discusses the transfer of funds in CDBG to cover match for DCED grant for the basketball courts at Thompson Park. Discussion followed on relocating of the funds to cover the match. Mary Ann Horne moved and Mayor Cannell seconded having discussed the matters of CDBG section regarding relocating funds for Phase IV 6 N and the remainder to cover the match for grant which the majority is state inspection cost is approved by Council. The motion passed by 7-0 voice vote.
FINANCE:
Mayor Cannell introduced the bills for payment. Mary Ann Horne moved to approve the submitted bills totaling $117,278.10, and Jean Davis seconded. Clifford Allen asked the Manager if they were true bills and within the budget guidelines. Manager McFadden answered yes. The motion passed by a 7-0 voice vote.
Mayor Cannell introduced the payroll as submitted for the period ending May 8, 2004 and paid May 14, 2004 totaling $51,758.56. 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 7-0.
Jean Davis motioned for adjournment, and the meeting was adjourned at 8:45 P.M.
ATTEST:
___________________________ _____________________________
Manager E.R. Buck McFadden Mayor H. Robert Cannell
HIGHLIGHTS
May 24, 2004
· Payment of bills
· Payment of payroll
· Minutes
· Approved first reading UCC Ordinance 516
· Awarded asphalt bid to Russell Standard Corp
· After discussing CDBG, approve relocation budget for Phase IV 6N west to cover match to grant, largely for state inspection.
· Approve James Strand request – not to pay bill for engineering until Penncrest lot sold
· Approve delaying Ordinance 514 until August 1st pending consideration by Ordinance Review regarding dumpsters
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
· Ordinance Review Committee - (Indecency Ordinance; Sign Ordinance & Codification & UCC ordinance) – Wednesday June 2nd
· Finance Committee – 6:30 P.M. on Council meeting nights
· Ordinance Review Committee to meet with Mr. Walker and a group regarding dumpsters as outlined in Ordinance 514
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
May 24, 2004
6:00 P.M. EXECUTIVE SESSION
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, May 10, 2004.
Action: Motion to approve minutes
IV Persons Requesting Time to Address Council
A) Sharon Dimasi, 209 Hickory Street – regarding stray & wild cats in Lakeside Area
1. Finance Committee/Pension Committee - Mary Ann Horne –
a) Committee of the Whole to met and review 1st quarter Financials & adjustments to budget – May 17, 2004
2. Ordinance Review Committee –Jean Davis - Tuesday May 25th 10 a.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 – as advertised – Roll Call Vote
3. Personnel Committee – Kip Allen
a) Oral Testing for Police Officer - May 22nd 8 a.m. - FYI
4. Recreation/Lake/Environment – Kip Allen
a) Meeting with Watershed Association – date to be scheduled
5. Public Safety – Chris Gillette –
a) To meet as Committee of the Whole with Finance Committee to discuss Police Staffing & General Fund 1st Quarter Review - June 7, 2004 6:30 P.M.
6. Street, Buildings, and Grounds – Chris Gillette
7. Committee of the Whole – June 7th 6:30 p.m. to discuss Police Staffing
B. Solicitor's Report:
1. Executive Session held May 24th 6 p.m. to discuss: 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)
2. Bulk Water agreement with Washington Township – nothing to report
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-
a) article from Newspaper
b) article from Authorities Magazine
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) set up meeting Watershed Association & Recreation/Lake/Environment Committee – When Watershed Association as new members
e) check out contract with Marz on bathhouse bidding
f) Prepare Awards Application for Erie County Association of Boroughs
g) Check on plans of owners on 6N corner lots that are vacant
1 B) Neighborhood Forum Committee – Minutes – FYI
1C) Letter to J. Sheehan, EUP – Police mutual aid agreement - FYI
2. Finance – monthly report
a) Authorization to approve bills to be paid
Action: Motion to approve bills totaling $ 117,278.10__
b) Authorization to approve payroll
Action: Motion to approve payroll ending May 8, 2004, paid May 14, 2004, totaling $ 51,758.56
3. Personnel
4 Public Safety
Emergency Management
Emergency Medical Service (EMS)
1) Honor EMS - 30th anniversary
EVFD
d) Police - monthly report
e.) Employee Safety Committee
5. BOCA Code/Planning/Zoning - monthly report
a) Public Notice – Zoning Hearing Board June 2, 2004 - FYI
6. Public Works – monthly report
a) Sanitation
b) Building & Property
c) Streets/Storm Sewers/Signals/Signs
AWARD BID – ASPHALT
Letter from Ken Parker - FYI
d) Park & Recreation
e) Lake
f) Dam
g) Recycling Leaves
7. Wastewater Collection & Treatment
8. Water System – monthly report
9. Community Development/Project Coordination – monthly report
D. Community Liaisons
1. Public Relations/Cable TV - Bob Cannell
2. Chamber of Commerce – Mary Ann Horne
3. Environmental Shade Tree Advisory Committee – Mary Ann Horne
4. Erie County Borough – Bob Cogan
5. Erie County Planning Liaison – Chris Gillette
6. EVFD Board Liaison – Bob Cogan
7. PLCM Campus Community – Bob Cannell
8. PLCM Local Group – Kip Allen
9. Washington Township Liaison – Jean Davis
10. Authority – Jean Davis
11. 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 – Met May 12, 2004
15. Goals – Bob Cannell
Other Old Business –
VII. New Business
A.
VIII. Adjournment
REMINDERS:
Executive Session - May 24th 6 p.m.
RECEPTION FOR EMS following meeting May 24th.
Ordinance Review Committee May 25th 10 a.m.
Committee of the Whole June 7th 6 :30 p.m.
Authority Meeting June 14th 5 p.m.
2004 Council Meeting Schedule:
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 June 2004