HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
July 26, 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 Solicitor Rich Marsh; E.R. McFadden, Borough Manager; Dave Zamierowski, Code Enforcement Officer; Jeff Craft, Chief of Police and Marie Lander, Assistant to the Manager. Guests present were: John Berchert; Ryan Smith, Meadville Tribune; Jon Foulkrod, Washington Township; James Strand and Nancy Crawford.
Mayor Cannell introduced the minutes from the Regular Council meeting held July 12, 2004. Mary Ann Horne moved for approval of the minutes, and Jean Davis seconded. The minutes were approved by a voice vote of 7 – 0.
Mayor Cannell asked if anyone wished to address Council. There being no one, 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 and saw nothing out of the ordinary.
Streets, Buildings, & Grounds – Chris Gillette asked if the Manager had heard from Mr. Marz regarding the bathhouse. Manager McFadden stated that he had talked to him last week and he was revising the documents and would call to set up a time to look at them this week.
Committee of the Whole – Mayor Cannell reported they met prior to the Council meeting to discuss a Public Safety issue and asked Christopher Gillette to report on the meeting. Christopher Gillette reported that they discussed budget ramifications in hiring police officers and the tax situation. The majority felt hiring the police was a good idea but did not know how they could pay for them in coming years.
Christopher Gillette moved to hire two (2) police officers immediately, and Robert Cogan seconded. Discussion followed. Clifford Allen asked if this was a recommendation of management. Manager McFadden stated it was management’s recommendation to hire as discussed in the context of the review of the 2nd quarter of 2004 and the first look at 2005 budget. Mayor Cannell stated that the Borough has big concerns and difficult decisions regarding finances. Jean Davis stated that they needed to look at finances and make sure they understand the situation, that at the end of 2004, we will be spending some of our reserves and bringing those reserves down to about $119,000.00, which is not a huge amount after all expenses are paid. We are not in debt $300,000.00 as stated by someone recently, and our pension funds are not under funded. They have been funded yearly. Our MMO, minimal municipal obligation this year is costing more, but that has nothing to do with us, just the decrease in the stock market, and the plans are in good viable condition. Next year we most likely will need a tax increase, but we are not sinking. The motion was approved by 7-0 voice vote. Christopher Gillette asked the Manager to explain up front to the new officers the situation and that we hope it will work out. Manager McFadden stated he would be straightforward with the candidates.
Mayor Cannell asked if maybe they could work with the Township on an hourly basis to help funding in this area.
SOLICITOR’S REPORT:
Enclosed in the Council packets for review was a fax from Attorney Marsh dated July 19, 2004 as well as an e-mail from Councilman Cogan.
Solicitor Marsh reported that he filed for re-argument in Commonwealth Court with response and answers. The PLCM and PMAA filling will also be joining ours. Within sixty days we will hear back from Commonwealth Court.
Manager McFadden stated today he talked to Solicitor Marsh and he felt we needed a timely response to the letter of July 12th from Washington Township regarding scheduling a meeting to resume discussions regarding sewage needs, and how that discussion could be addressed. A draft letter is in front of Council for review. The Manager appreciated their reviewing and commenting on the letter during the meeting.
Jean Davis asked about the memo from Chuck Wunz regarding the DEP talking to him. Solicitor Marsh assured her that he had sent a letter to them stating that they could talk directly with Chuck Wunz and Rob Kennerknecht with or without him. Friday or Saturday he received a letter from Attorney Galloghy of the DEP refusing to talk to anyone unless the Borough terminated all three (3) appeals.
Jean Davis asked if this letter was forwarded to the respective Court, and Solicitor Marsh stated he would look into it. He stated he has asked the EHB status report to allow us to proceed with ban and civil assessment hearings.
Jean Davis asked if he was aware of the information in the newspapers lately about Millcreek backups into houses and about Ft LeBoeuf being called Sewer Lake. These items seemed puzzling to her.
Robert Cogan asked the Manager the status of Art Kuholski regarding designing and costs estimates if needed, and if it would be turned back over to Mr. Kuholski or to engage Wunz. Manager McFadden stated it would likely be Mr. Wunz.
James Strand, 12246 Route 99, requested Solicitor Marsh to tell him when the ban would end in Edinboro. Mayor Cannell informed Mr. Strand that there was time at the beginning of the meeting to address Council. Robert Cogan stated he didn’t think it was unreasonable to ask this question. Jean Davis moved to allow a response from Attorney Marsh. Robert Cogan seconded and the motion passed by 7-0 voice vote. Attorney Marsh stated to Council that he could not give specific date when it would be lifted. The DEP motioned to stay these proceedings and he had no control over the EHB. Jean Davis asked if she understood correctly that the EHB stay cannot move forward, that the DEP is holding them in abeyance over our objection. This was correct.
Manager McFadden stated that a letter from Tri-County Industries, Inc., our waste disposal and recycling hauler, was in the packets regarding changing dates and special pickups on Lakeside. Discussion followed. It was agreed to have Manager McFadden explore possibilities for this year and in the future for a dumpster to be placed on Lakeside for the summer and also for alternative days other than Monday as pickup days.
Clifford Allen asked about additional pickups because we are a college community, and he was informed that they were already doing that.
Manager McFadden reported that a meeting was set for August 19, 2004 at 7:00 P.M. with Alan Kugler and Washington Township as requested last meeting. Robert Cogan stated he had information regarding petitioning if Mr. Lucas was interested. He stated he was not interested in petitioning for putting the option to consolidate on the ballot but preferred to have a study commission. Jon Foulkrod stated that their Council was also interested in a study commission and not interested in initiating a ballot question. He stated that if it was a citizen petition they would lose control of the situation. Mr. Allen stated that they were meeting with Mr. Kugler to get firsthand knowledge of how to initiate a study commission correctly.
Jean Davis asked Chief Jeff Craft, who was in the audience, if he could talk to the District Attorney’s office to get a grant for Benzie since he is used more in the County. She also stated that the citizens would like to meet Benzie, and that it would be good to have him in the Homecoming parade on or off a float.
Manager McFadden stated he went to a YMCA meeting Thursday regarding the outdoor pool. He sent this information on to Solicitor Marsh for his review and was forwarding it on to the Pennsylvania Bureau of Recreation and Conservation. The Borough would not execute the grant document until the “Friends of the Pool” conveyed $10,000.00 to the Borough.
Clifford Allen asked if Manager McFadden had discussed assistance during soccer weekends by EUP Police at the recent meeting with EUP. Manager McFadden stated that Jim Sheehan had requested they discuss this separately, and it would be followed up upon, and the discussion would be broadened to include Homecoming.
Greg Lucas stated that he was at a Washington Township meeting and they discussed police protection. Manager McFadden stated that a year ago he had given a presentation with Chief Craft and another officer to the Washington Township Council and Township Manager Dave Anthony. We had a map with code zones and rough figures of hourly wages using budget figures divided by 2080 hours, but these numbers were negotiable. Greg Lucas again stated that the citizens of the Township are interested and the figure has to get better. Manager McFadden stated he would set up a meeting as soon as he received Manager Anthony’s letter regarding this. Jon Foulkrod, Mayor of Washington Township, stated that they would first decide for which area of the Township they would be seeking assistance and the times they would be looking for assistance in policing.
Robert Cogan stated he had a meeting scheduled at the University regarding emergency policing agreements. He could see three alternatives: donation; hour, day and/or shift rate; or supplemental 50/50 sharing. He asked for the purpose of the discussion with EUP. He asked if it was to find revenue. He asked, if anyone had any ideas to let him know.
FINANCE:
Mayor Cannell introduced the bills for payment. Mary Ann Horne moved to approve the submitted bills totaling $31,378.45, and Robert Cogan seconded. The motion passed by a 7-0 voice vote.
Mayor Cannell introduced the payroll as submitted for the period ending July 17, 2004 and paid July 23, 2004 totaling $50,691.54. Mary Ann Horne moved to approve the payroll, and Clifford Allen seconded. The motion approving the payroll, overtime reports and supplemental time sheets passed unanimously by a voice vote 7-0.
POLICE:
Police reports were in the packets for review.
Mayor Cannell asked about the April canine report and wished the monthly calendar would be also inserted in the packet. Out of the seven times listed he was deployed two (2) times. Jean Davis stated that the $1,000.00 budget for the canine to disperse crowds and to keep the situation from becoming worse was great. The canine seems to be a deterrent to some. Mr. Cogan stated that he understood that the canine multiplied the force of an officer by about one (1), it was an intimidating factor.
BOCA CODE/PLANNING/ZONING:
The monthly report was available for review.
Robert Cogan stated that a zoning map or sketch would have helped him to understand the information from the Planning and Zoning Commission, and items five and six on the PZC recommendations regarding building design needed explaining. He hoped for more specific information. Dave Zamierowski explained that it was presented to get suggestions from Council to see if this is what they were thinking of when they requested this study of the ordinance.
Greg Lucas asked about inspections. Mr. Zamierowski explained that he had been doing inspections since July 8th under the old permit fee schedule with an additional $2.00 being charged. That was the fee that must be sent to Labor & Industry as required under the new UCC regulations. Mr. Zamierowski stated he has inspected two (2) roofs and three (3) home additions, some of which received a permit prior to implementation of the UCC Code. The major things in his opinion were extra insulation and energy items. He went on to explain that he was currently a Certified Building Official (CBO) with Accessibility and Energy Certifications and had five (5) years to become fully certified for commercial property. Mr. Zamierowski reported that he needed Plumbing and Mechanical Certifications, which would be coming up shortly, and stated that electrical inspections would be done by Middle Atlantic Electric. It was agreed to review fees at budget time for 2005.
PUBLIC WORKS
Monthly report was available for review.
WATER SYSTEM
Monthly report was available for review.
Community Development/Project Coordination
Monthly report was available for review.
Mary Ann Horne asked about the $8,000.00 expected from a performance grant and if it was different than last year. Manager McFadden stated that it varies from year to year, and he would look into it.
Ms. Horne also asked about the application filed with EUP for a grant and its status. It was for more effective recycling at the university, and we have not heard anything as of this date.
Mayor Cannell asked about the tonnage figures from Tri County Industries, Inc. compared with Waste Management’s figures. Manager McFadden stated that Vicki Coffin was still working on this issue with Tri County Industries, Inc. and the County of Erie. To a certain extent Tri County Industries, Inc. reasons that the information is proprietary, and Erie County is still looking at it, and they are looking for middle ground to deal with this situation.
COMMUNITY LIAISONS:
Chamber of Commerce – Mary Ann Horne reported she hadn’t heard anything form them since Claudia Thornburg moved her office to Erie.
Environmental Shade Tree Advisory Committee – Mary Ann Horne reported that the committee met July 8, 2004. They had sent information to Manager McFadden and Solicitor Marsh.
Erie County Borough’s Association – Mayor Cannell stated that he attended the picnic where they honored Jean Davis for thirty years service to the Borough. Mayor Cannell acknowledged this great accomplishment and informed the Council that she was given a watch from the Association.
EVFD Board Liaison – Bob Cogan reported that he attended their July 21st meeting. The family picnic and ice cream social was poorly attended and they would be doing other fundraisers. The next fundraiser is a NASCAR vacation package with tickets selling for $10.00 each. The EVFD was also selling the grills they used for the chicken barbecues for $100.00 each.
Washington Township Liaison – Jean Davis reported she attended their meeting, and they would be sending a letter regarding getting together on issues.
Mayor Cannell asked if Jon Foulkrod had any comments, and Mayor Foulkrod stated that he did not. Mayor Cannell moved on to other committee reports.
Watershed Association – Mary Ann Horne reported that the Edinboro Lake Road Show would take place July 28th at the Jukebox. Please bring your information on the Lake or historical information on Edinboro. All were encouraged to attend.
Joint Municipal Planning Commission (JMPC) – Chris Gillette reported he was unable to attend the Wednesday July 14th meeting.
Manager McFadden reported that last week 250 surveys were returned and meetings were scheduled during Council meetings of the three municipalities and an afternoon meeting was scheduled in Edinboro. The individual meetings were expected to last approximately one hour, which would include public participation. Legislators have been invited to the JMPC August 11th meeting to discuss economic development, including Rick Schenker, a representative of the Governor’s Center for Local Government, a representative of EUP, Senator Jane Earll, Representative John Evans, Representative Matthew Good and a representative of Corry Economic Development.
Mr. Strand asked if they would be able to answer questions when there was a ban or even for Washington Township. Manager McFadden stated they were looking at a ten to twenty year time line and this situation will be settled in the not so distant future. Mary Ann Horne stated this is a information gathering session. The Joint Municipal Planning Commission is seeking comments for its study. Christopher Gillette stated he was the JMPC representative for the Borough, and the best answer is that the sewer ban will be over before the plan is in place. The plan was to study and research for eighteen months and then work on the plan. The study began in January 2004. Jon Foulkrod suggested that, if a survey was done again, it should be sent to each voter using the voter registration and not households because some households are divided on their comments.
Jean Davis stated she had had calls from people who did not know it was a joint effort, and they were told to fill out the surveys and return them. Some people looked at the return address of Washington Township and didn’t want to fill them out.
With no further reports, the Mayor moved on to other old business.
Other Old Business:
Bulk Water Washington Township – Greg Lucas asked about the status in a short version since some are already connected to Borough water. He asked what others needed to do to become connected. Robert Cogan stated that some people have asked him about Kinter Hill Road behind Hobbs Do-It Center. Manager McFadden stated the short answer is that over time informal agreements have been done between Washington Township and Edinboro Borough to provide service to the Township residents. In today’s world with PUC issues, it is better if they are formalized agreements of bulk water through the authorities. We had some discussions with the Township to fashion an agreement, but there is no reason we can’t resume discussions. Since 1999, we have had no informal connections. The one in 1999 that comes to mind was the Hitchcock/Chin parcel and the WWCT service was worked out but not the water service with Washington Township. We met last year with a draft for a bulk water agreement but nothing has occurred since then.
There was discussion on the draft letter to Washington Township presented earlier by Manager McFadden regarding scheduling a meeting to discuss the WWCT. Robert Cogan stated that the comments of Dave Anthony were gracious and he liked the wording of equitable outcome. He felt the letter in response was more argumentative and could be addressed better in the beginning. Manager McFadden wanted Council to know that there were two (2) recipients of this letter, one being the DEP and the other Washington Township. We are being levied a civil penalty of $332,000.00 plus for failure to develop a plan. A certain perspective is helpful and a sequence must be accurate and need civil discourse. Robert Cogan stated he would like to give some suggestions. Manager McFadden asked if Solicitor Marsh had any comments on the letter. Solicitor Marsh felt it was well written, and he was not offended by it. He stated that Council must make sure to keep the chronological information sent in any letter. Manager McFadden welcomed comments and asked if it would be all right if the Solicitor used more diplomatic language using the Manager’s facts. There being no objections, the Solicitor was asked to prepare a more diplomatic first paragraph with thoughts from Mr. Cogan welcomed.
NEW BUSINESS:
Jean Davis stated that her daughter received building permit for roofing and had to leave work early to get the paperwork done and make payment. She asked for a possibility of e-mailing permit applications and paying online. Manager McFadden stated as a government we cannot give discounts on fees which they charge for using Visa. He also stated they had looked into Discover but would again look into charge cards, debit cards, and automatic withdrawals from checking accounts as well as permits online.
Robert Cogan moved for adjournment, and with no objections the meeting was adjourned at 8:45 P.M.
ATTEST:
___________________________ _____________________________
Manager E.R. Buck McFadden Mayor H. Robert Cannell
HIGHLIGHTS
July 26, 2004
· Payment of bills
· Payment of payroll
· Minutes
· Hire 2 police officers immediately
· Have Solicitor diplomatically reword letter to Township regarding requested meeting
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
· Public Safety Committee – review parking ticket fines for possible increase.
UPCOMING MEETINGS:
· August 19th with Alan Kugler & Washington Township 7 PM
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
July 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 ____, 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, July 12, 2004.
Action: Motion to approve minutes
IV Persons Requesting Time to Address Council
A)
1. Finance Committee/Pension Committee - Mary Ann Horne –
a) 2nd quarter review held July 19th
b) Committee met 7/26/04 1:30 p.m. to review invoices
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 - Met at 6:30 p.m. prior to Council Meeting to continue reviewing 2nd quarter 2004 and 2005 budgets regarding General Fund
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) Fax to Attorney Marsh July 19, 2004 – FYI
b) E-mail From Councilman Cogan - FYI
c)
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 (B.Cogan working on current info 7/12/04)
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—Contact him regarding redesign of bathhouse for bidding & discuss fees
f) See about EUP police helping with traffic during soccer weekends
g) set up meeting with Alan Kugler, Washington Township, Franklin Township, & Borough Council to discuss process to form study commission
h) Send thank you to Fireworks Committee from Council
i) Contact American Legion about replacing tattered and worn yellow ribbons in town
1 B) Letter from Tri-County industries, Inc. regarding refuse hauling pickup days – FYI
1 C) Fax to Dave Anthony regarding meeting with Alan Kugler – FYI
a) Letter to Washington Township confirming date to meet - FYI
1 D) Letter to Friends of the Library – Copy FYI
1 E) Memo to Attorney Marsh regarding DCNR Grant – FYI
1 F) Memo on Friends of the Pool – FYI
1 G) Memo to Solicitor regarding draft ordinance - FYI
2. Finance –
a) Authorization to approve bills to be paid
Action: Motion to approve bills totaling $ 31,378.45
b) Authorization to approve payroll
Action: Motion to approve payroll ending July 17, 2004, paid July 23, 2004, totaling $ 50,691.54
3. Personnel
4 Public Safety
Emergency Management
Emergency Medical Service (EMS)
EVFD
d) Police - Report
e.) Employee Safety Committee
5. BOCA Code/Planning/Zoning – Report
a) Zoning Hearing Advertisement - FYI
6. Public Works – Report
a) Sanitation
b) Building & Property
c) Streets/Storm Sewers/Signals/Signs
d) Park & Recreation
e) Lake
f) Dam
g) Recycling Leaves
7. Wastewater Collection & Treatment
8. Water System - Report
9. Community Development/Project Coordination –Report
a) Recycling Program Performance Grant Year 2003
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
a) Jean Davis honored for 30 Years of service on Council at ECAB Picnic
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 August 9th 2p.m. and during 7pm Council meeting will take comments on survey of JMPC
E. OTHER OLD BUSINESS:
1.
A. Washington Township Council – Regarding Sewage Agreement
VII. New Business
A.
VIII. Adjournment
REMINDERS:
Finance Meeting July 26th 1:30 p.m.
Authority Meeting – August 9th 5 p.m.
Next Council Meeting August 9th 7 p.m.
Informational Session with Alan Kugler August 19th 7PM
2004 Council Meeting Schedule:
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 August 2004