HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
July 12, 2004
Call to Order:
The following Council members were present: Mayor H. Robert Cannell, Clifford Allen, Mary Ann Horne, Bob Cogan, Jean Davis, Greg Lucas, and Christopher Gillette. Also in attendance were E.R. McFadden, Borough Manager, and Marie Lander, Assistant to the Manager. Guests present were: Tracy Halmi; Jon Foulkrod, Washington Township; and Nancy Crawford.
Mayor Cannell introduced the minutes from the Regular Council meeting held June 28, 2004. Jean Davis moved for approval of the minutes, and Clifford Allen seconded. The minutes were approved by a voice vote of 6 – 0 - 1 with Mary Ann Horne abstaining.
Because there was none, Mayor Cannell moved on to old business.
Committee Reports:
Finance Committee: Mary Ann Horne reported that they met today and reviewed the invoices and purchase orders. They also reviewed the information on financing the Vactor truck and would present it in the future. The 2nd quarter review will take place on July 19th at 6:00 P.M.
Mayor Cannell asked about receiving information on the 2nd quarter before Monday, and Manager McFadden stated that this week the Department Heads would review the information and it will be out to Council for the weekend to review.
Ordinance Review Committee: Jean Davis reported they did not meet this week but would be meeting with Dave Zamierowski, Code Enforcement Officer, and they also had a few questions for Attorney Marsh regarding the Public Indecency Ordinance. She stated that she had received a copy of the I & I ordinance from Washington Township, and Rob Kennerknecht, WWCT Superintendent, was reviewing it to see if it fit into our procedures before getting it passed by Council.
Personnel Committee – Clifford Allen reported that they had not met but were on hold regarding hiring new police officers until after the 2nd quarter financial review to be held July 19th.
Recreation/Lake/Environment – Mr. Allen asked Nancy Crawford in the audience about the Watershed Association meeting, and she informed him they would have a road show on July 28th at the Juke Box.
Mr. Allen asked if the prints of the Canoe Club could be made available to the Watershed Association to sell at the road show to make some money. Manager McFadden stated that most of the prints were given to the Edinboro Lake Preservation and Restoration Foundation, but the remainder found would be given to the Watershed Association as requested.
Public Safety – Chris Gillette reported they had not met yet to discuss parking ticket fines.
Streets, Buildings, & Grounds – Chris Gillette reported that they met informally to look at the color selections for the new carpet and for the painting of the municipal building and had no objections.
SOLICITOR’S REPORT:
Enclosed in the Council packets for review were a letter from Attorney Marsh dated June 7, 2004, a letter from Robert Cogan from July 5, 2004 and a memorandum from Herbert, Rowland & Grubic (HRG) from July 7, 2004. Mayor Cannell asked if any one had any questions. He went on to ask if the HRG representative contacted the DEP to review various areas of concern and wondered if he had made any headway. Manager McFadden stated additional information was received in today’s mail from Attorney Marsh and was on Council’s tables. A copy of the request of rehearing, PLCM and PMAA piggybacking onto Attorney Marsh’s request. The DEP has two weeks to voice their objections and Commonwealth Court can decide to hear it or not. Mr. Cogan stated that his research showed that only approximately 4% are granted by the Commonwealth Court.
Manager McFadden informed Council that a letter to the City of Erie Mayor was on Council’s desk regarding meeting to discuss Earned Income Tax. He would keep them informed of any progress.
Manager McFadden stated they had not heard back from the District Attorney regarding possible grants toward K-9.
He was informed by Jean Davis that Washington Township had named a representative, Frank Stefano, to the Watershed Association and T. Scarlet had resigned as an officer to allow others to be on the board including Caroline Rhodes as Vice President. With these additions it would be a good time to have them meet with the Recreation/Lake/Environment Committee of Council.
Regarding the bathhouse, neither Chris Gillette nor Manager McFadden had heard back from architect Bob Marz with his new drawing for rebidding in September. Discussion followed regarding redesign and costs. Manager McFadden stated that he would contact Mr. Marz for the current status of the project and for a discussion of his fees.
Manager McFadden informed Council that they had heard from the rubbish hauler that Saturday noon pickups would not work since the landfill closes at noon. Council was asked to consider an earlier Saturday pickup to see if it would work and get back to the Manager so he could continue discussions for estimated costs with the hauler. This would be a special pickup on Lakeside and specific costs would be charged to only those involved in the pickup. Nancy Crawford stated that she understood that the Borough picked up the garbage on Lakeside cans on Fridays. The weekend of the 4th the cans were already full before the Sunday, July 4th celebration on Lakeside began. She also thought it may be a good idea to have a special pickup on Lakeside, but it may not be cost effective.
Mayor Cannell reported that he attended the Employee meeting regarding their Health Plan. He learned that there would be a double digit increase again in 2005 for all insurance carriers. He also stated he asked about how much the consultant charged us for the presentation, which was excellent. The consultant was due to come back later in the year with more information. He thought that the fact that Dave Gordon of DAVEVIC Benefits had done this for four or five years and had never charged for this service of keeping us up to date and giving us recommendations was great news.
Clifford Allen asked about his request to see about police assistance from the University on soccer weekends. Manager McFadden stated that he would be attending a meeting this Wednesday, a review session, and he would discuss it.
Clifford Allen also asked about inspections done by Dave Zamierowski and asked why they were not in the packet. Manager McFadden stated they are in the last monthly meeting packet and could be viewed anytime by visiting him. Mr. Allen asked if the Manager knew the number of scheduled appointments per week or last week. Manager McFadden stated that he schedules as needed for the biennial inspections. Building permit inspections are scheduled as the need arises. When he receives complaints, he schedules an inspection of the subject property.
FINANCE:
Mayor Cannell introduced the bills for payment. Mary Ann Horne moved to approve the submitted bills totaling $142,174.75, and Jean Davis seconded. Clifford Allen asked if the bills were true bills and complied with the budget. Manager McFadden stated yes. Robert Cogan asked that when they talked budgetary stringencies that maybe the decorating of the building might be postponed. Mayor Cannell asked about the Commonwealth of PA invoice of $3,500 for the clean machine, which Manager McFadden explained was the network for the law enforcement. It was noted that the light bar and signage for the new police vehicle would be paid within the budget of the new police capital purchase. The motion passed by a 7-0 voice vote.
Mr. Cogan gave the URL’s of websites he had found that retrofit streetlights to LED’s that maybe would be of interest to the Publics Work Director.
Mayor Cannell introduced the payroll as submitted for the period ending July 3, 2004 and paid July 9, 2004 totaling $49,448.30. 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.
WATER SYSTEM
Mayor Cannell noted that the Annual Drinking Water Quality Report was mailed and received by all in town. He asked about the cost to mail and prepare the report and wondered if there were grants to pay for it or if it could just be put on the cable station or website. He was informed that it was an unfunded mandate to mail to all residents.
COMMUNITY LIAISONS:
Public Relations/Cable TV - It was noted that the Cable station has removed the July Council dates in advance and that Mayor Cannell had notified Coaxial of this but as of today it was still incorrect.
Environmental Shade Tree Advisory Committee – Mary Ann Horne reported they met this week and received thirteen (13) more trees from Erie County Planning Department in conjunction with the Davey Resource Group. They were also working on a Shade Tree Ordinance so they could apply for grants in the fall. The Ordinance would be finished shortly and sent to the Ordinance Review Committee. It was noted that more grants were open to those committees formed under an Ordinance.
Clifford Allen asked if it was advertised that you could get a memorial tree planted. Mary Ann Horne stated it was in the newsletter.
Erie County Borough’s Association – Mayor Cannell stated that the picnic was July 21st and Jean Davis would be honored for her years of service. Everyone was encouraged to register to attend.
EVFD Board Liaison – Bob Cogan reported they had a special meeting July 5th which he attended. They have a 382 damaged truck and they voted on either having it repaired at Albion prison and then selling it or just selling it to another fire department for $15,000. It was decided to sell it for $15,000 to another fire department as is.
Mr. Cogan also stated he would find out the number of calls made to each municipality and the university for the Manager. He also informed Council they would be invited to attend the July 18th ice cream social from 11:00 A.M. to 3:00 P.M. This new event was replacing the chicken barbecue because it was too labor intense.
Mayor Cannell encouraged Council to attend as a group around noon if possible. Council members were disappointed there would be no chicken barbecue this year.
Washington Township Liaison – Jean Davis reported she attended their meeting and they would be reviewing the speed limit on Angling Road. They also will received 10 EDU’s a year that will not carry over and their consent order was extended until we settle with DEP and the Township due dates will follow the Borough’s. They appointed Frank Stefano to the Watershed Association. They also decided to have further discussion on sewer and other issues with the Borough. Dave Anthony, Washington Township Manager, was to send a letter to Manager McFadden regarding this. Mayor Jon Foulkrod of Washington Township stated that the letter was forthcoming.
Authority Meetings – Jean Davis reported that the Water Authority was notified that EUP meters were tested and working properly. The Municipal Authority discussed the lawsuit. Mr. Cogan asked if the university did any water conservation. Manager McFadden stated that Bill Coleman would be the person to ask and that they were rethinking at one time their air conditioning systems and maybe new showers.
EUP Administration – Mayor Robert Cannell reported that he would be attending the workshop on Wednesday that Manager McFadden had mentioned earlier.
Watershed Association – Mary Ann Horne reported that the Edinboro Lake Road Show would take place July 28th at the Juke Box. Brian Zimmerman is arranging for computers, scanners, and digital video scanner so pictures, maps, news articles, etc. can be copied for purpose of establishing an archive regarding the Lake. All were encouraged to attend.
Joint Municipal Planning Commission (JMPC) – to meet Wednesday July 14th.
Being no further reports the Mayor moved on to other old business.
Other Old Business:
Fourth of July Celebration – Mayor Cannell stated that the great rains came but it still was a great celebration and was proud to have it in the Borough. Clifford Allen requested that a letter from Council be sent to the Fireworks Committee to thank them for the entire day’s package.
Library Committee - Mary Ann Horne reported they would meet Tuesday July 13th at 7:00 P.M. in Council Chambers. Traci Halmi reported that the Librarian was counting heads at story time to show activity. Manager McFadden stated the counting may have to do with the observation from County Council that circulation numbers are down and they are looking at each branch. Ours is looked at as Southern Erie while all the other branches are clustered in Erie City or Millcreek. The newspaper stated they would be open through the budget meeting process. Mayor Cannell reported he met with Al Stone who had offered to meet with officials of the library to show them the twenty-eight acres available, but no one has accepted because of politics he felt at this time.
COMMUNICATIONS:
Thank you from Susan Sanders regarding tree planted in memory of her son. Mary Ann Horne made Council aware that the two trees planted were looking sick and they were both memorial trees. They would be looked at by the local forester and also by someone from Johnston Nursery where they were purchased.
ECATO picnic notice was available.
DCNR notice of Pool Feasibility Study grant was available.
NEW BUSINESS:
Greg Lucas stated he felt it was common sense for the Borough and Township to combine and wanted to know what it took to get it on the ballot to see if the residents would support a feasibility study. Clifford Allen moved that Council invite Allan Kugler to meet with Council and invite Washington Township Council to join them so that Mr. Kugler could explain what the process was. There are positive and negative aspects and many changes since the last time we reviewed this. If needed, Mr. Allen felt they could do it in closed executive session with the two Councils. Greg Lucas seconded the motion.
Jon Foulkrod stated that to put it on the ballot you need to have a petition ninety days before the election or by August 3rd signed by 5% of the residents who voted in the last gubernatorial election. Clifford Allen stated that it can be done by the public officials, or the citizens can force the issue, but he suggested we take the appropriate action ourselves. We need to be knowledgeable and informed. Jon Foulkrod stated that the citizens of North East are taking it to the ballot because the Councils didn’t. He felt that they should meet as son as Mr. Kugler is available.
Manger McFadden stated that the Joint Municipal Planning Commission had sent out surveys and maybe they should extend the offer to Franklin Township to attend. Clifford Allen stated that his motion was for Washington Township and the Borough to look at merger and or consolidation options, and it was not his intent to include Franklin Township at this time but he was not opposed to their attending and observing. Clifford Allen called for the question. The motion passed by 7-0 voice vote.
Mr. Allen felt they should have discussed this a few years ago when discussed but a straw pool vote by officials lost by a couple of votes. He also informed them it is a long process of three or four years. First, they would form a study commission, which would take eighteen months to two years, and then it would present the facts to the residents. There are many things we both share such as same school district, same volunteer fire department, same zip code, and both have home rule forms of government.
Jon Foulkrod stated that the JMPC Leaders’ Survey showed ten out of nineteen respondents wanted to look into this, with the Borough’s overwhelming support. We need to work fast to get it on the November ballot when there should be a big turnout. Mr. Allen stated that, even if it is voted down, we would have the basis to start and review in the future. There are many ways we can go with both being Home Rule now. We could become a borough, a township, a 3rd class city or a town (only one in PA).
Robert Cogan noted that the yellow ribbons around town are getting tattered and worn, and that the American Legion should be contacted to start a replacement program.
Mary Ann Horne moved for adjournment, and the meeting was adjourned at 8:10 P.M.
ATTEST:
___________________________ _____________________________
Manager E.R. Buck McFadden Mayor H. Robert Cannell
HIGHLIGHTS
July 12, 2004
· Payment of bills
· Payment of payroll
· Minutes
·
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.
· Delaying Ordinance 514 indefinitely being reviewed by Ordinance Review regarding dumpsters
·
UPCOMING MEETINGS:
· Ordinance Review Committee - (Indecency Ordinance; Sign Ordinance & Codification)
· Public Safety Committee – review parking ticket fines for possible increase.
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
July 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 ____, 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, June 28, 2004.
Action: Motion to approve minutes
IV Persons Requesting Time to Address Council
A)
1. Finance Committee/Pension Committee - Mary Ann Horne -- 2nd quarter review July 19th 6:00 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) Dumpster Ordinance 514 – Ordinance postponed for further review by committee
3. Personnel Committee – Kip Allen
4. Recreation/Lake/Environment – Kip Allen
a) Meeting with Watershed Association – date to be scheduled
5. Public Safety – Chris Gillette
a) Meeting to discuss parking ticket fines
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 from Attorney Marsh June 7, 2004 – FYI
b) Letter from Robert Cogan July 5, 2004 - FYI
c) Memorandum from HRG July 7, 2004 - FYI
2. Bulk Water agreement with Washington Township – nothing to report
3. Borough of Edinboro v. City of Erie – nothing to report
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) Check with rubbish haulers on possible change of days of pickups & cost of special pickups on Saturdays during the summer for rental properties
1 B)
2. Finance –
a) Authorization to approve bills to be paid
Action: Motion to approve bills totaling $ 142,174.75__
b) Authorization to approve payroll
Action: Motion to approve payroll ending July 3, 2004, paid July 9, 2004, totaling $ 49,448.30
3. Personnel
4 Public Safety
Emergency Management
Emergency Medical Service (EMS)
EVFD
d) Police -
e.) Employee Safety Committee
5. BOCA Code/Planning/Zoning –
6. Public Works –
a) Sanitation
b) Building & Property
1) reviewed municipal building interior improvements with each member of Council Building & Streets & Grounds Committee – no objections
c) Streets/Storm Sewers/Signals/Signs
d) Park & Recreation
e) Lake
f) Dam
g) Recycling Leaves
7. Wastewater Collection & Treatment
8. Water System
a) Annual Drinking Water Quality Report – Mailed & is on Website
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
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 - Minutes FYI
14. Joint Municipal Planning – Chris Gillette
E. OTHER OLD BUSINESS:
1.
A. Susan Sanders – thank you – FYI
B. ECATO – Picnic - FYI
C. DCNR – Pool Feasibility Study - FYI
VII. New Business
A.
VIII. Adjournment
REMINDERS:
Authority Meeting – July 12th 5 p.m.
Finance/Comm of the Whole – 2ndQTR Review July 19th 6:30 p.m.
2004 Council Meeting Schedule:
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 July 2004