HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
September 27, 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; Dave Zamierowski, Code Enforcement Officer; and Marie Lander, Assistant to the Manager. Guests present were: Dennis Porto, Nancy Crawford, Misty Knaus, Jon Foulkrod of Washington Township Council, Ryan Smith of the Meadville Tribune, and Mary Hill, Erie Times-News.
Mayor Cannell introduced the minutes from the Regular Council meeting held September 13, 2004. Mary Ann Horne moved for approval of the minutes, and Clifford “Kip” Allen seconded. The minutes were approved by a voice vote of 7 – 0.
Mayor Cannell reported that they met in executive session tonight with Engineer Chuck Wunz of Herbert, Rowland and Grubic, Inc. (HRG) who spoke to us and brought us up to date on the Department of Environmental Protection (DEP) and Washington Township issues. There was discussion regarding a meeting with Washington Township. Council decided to give two dates for both Councils to meet, either October 12, 2004 or October 26, 2004 at 7:00 P.M. The Mayor would send a letter to Mayor Foulkrod of Washington Township stating that we could meet here or on Washington Township turf and asking if either of the two dates were agreeable. We will come up with different issues to discuss and will ask the Township to do the same.
Robert Cogan stated that the notice for the meeting announced that two meetings were arranged at the same time, before the Council meeting. One, the Manager arranged with HRG, and one the Mayor arranged with Council only. These overlap and it is a deep problem regarding who runs the government of Edinboro, management or the Mayor, Deputy Mayor or Council. In the packets tonight is a long memo from Manager McFadden starting on page 22. Mr. Cogan stated that the Mayors should write to their home addresses and give copies of correspondence to whoever they think needs to discuss it before replying. They should also keep a direct line of communication going between Mayors. Jean Davis stated it was all right for Mayor to Mayor communication, but everyone needs to know what they are saying and doing and the last letter she didn’t see until the packet. Clifford Allen stated that copies must be given to all Council members and to management. Jean Davis also stated that she remembers hearing that Chuck Wunz was coming back this week, and she felt it was a significant need of Council to get this expert information from the experts.
Mayor H. Robert Cannell opened the floor to anyone present interested in speaking.
Jon Foulkrod, Washington Township Mayor. He had two things to discuss with Council. One was settled by elected officials stating they would consult experts as important information was required. Mayor Foulkrod continued, saying that second topic of discussion was on the heels of Mayor Cannell’s letter to keep open lines of communications. We hope we can communicate directly. Last Tuesday the Manager and Engineer of Washington Township were requested to attend a meeting by your Manager to talk about your Corrective Action Plan (CAP) agreement, but they also talked about a sewer agreement, and Washington Township was offended by this. This is an end run by management and the Manager. The Washington Township Manager wanted to leave the meeting because he felt that the meeting was held under false pretences. Secondly, the letter from the Borough Manager to the Township Manager assumes that the March rezoning proposal was decided upon, but the Washington Township Council did not like the March scenario and thought it a band aid approach. The Washington Township Manager & Engineer are under orders from Council that they can not meet unless they consult Council and get permission first.
Manager McFadden stated he was sorry that Washington Township had a different impression of the meeting as Mayor Foulkrod relayed. Manager McFadden had asked for the meeting for two reasons. One was to inform Washington Township of what the Borough believes our status is with regard to the CAP with the DEP that had been filed, which he thought would interest Washington Township since it had an interest in Maple Drive. The Borough wanted to communicate what it’s Engineer, Wastewater Collection and Treatment (WWCT) Superintendent and the DEP discussed, and the DEP agreed. The DEP agreed that the Borough had no hydraulic overload in Edinboro. There was an observation by the DEP that occasional surcharging occurred in a manhole on Maple Drive and it asked for additional information. The DEP Chapter 94 context was, it was not consistent, but possible to have an overload. The Borough’s Engineer & WWCT Superintendent provided additional information with regard to the CAP that indicates with a minor project (cutting a corner), the surcharge would be solved, and the preexisting upgrade of pumps from one (1) five (5) horsepower (hp) and one (1) ten (10) (hp) pumps to two (2) ten (10) hp pumps would handle grit and grease issues in storm and flood conditions. Washington Township received said information at this meeting that we thought was important to it. Manager McFadden continued, saying that the second topic was not a sewer agreement but Act 537 Planning, which are two different items. At this meeting we explained we were under Court Order, and final approval of the Updated Revision had 210 days from August 26, 2004. This is an order to the Authority, Council, and the DEP. It said specifically and literally to follow the May 9, 2000 order with modifications. Robert Cogan interrupted and stated that they did not need to discuss the details here. Greg Lucas stated that Steve Halmi, the Engineer for Washington Township, agreed that they had talked many times about these issues and had made no decisions. Mr. Cogan went on to say he would make a motion later to open the door for the two Councils.
Mayor Cannell moved on to old business since no one else requested to speak.
Committee Reports:
Finance Committee: Mary Ann Horne reported that they met and reviewed the invoices, purchase orders, Minimum Municipal Obligations (MMO’s) and more. In regard to making payments with charge cards and debit cards, this was found to be expensive to purchase a machine, costs per item, and a phone line when we are not a big retailer with profits to eat into. The Committee recommends not looking any further into charge cards and debit cards. We also discussed the option of putting funds in Certificate of Deposit (CD) through the Pennsylvania Local Government Investment Trust (PLGIT) to raise the interest on extra funds for ninety (90) or one hundred twenty (120) days. Marie informed us that with the Occupational Privilege Tax (OPT) down some $10,000.00, she has reviewed the status of companies with our Tax Collector, Rhonda Walker, and has sent out letters requesting a response by October 1, 2004. This will be followed closely. We have also set up budget workshop dates Oct 18, Oct 20, Nov 1, Nov 15, and Nov 17th at 6:30 P.M. to be advertised, and it will also be sent to other newspapers as a news release. Clifford Allen motioned to put the budget workshop information on the website, cable station and in the least expensive newspaper as well as sending it as a news release to other media. The motion was seconded by Mary Ann Horne and passed by 7-0 voice vote.
Mr. Cogan stated he reviewed the open purchase orders by vendor and came to the conclusion that he was not competent by knowledge to do so or did not have the hands-on-day-to-day experience in order to make decisions on what to deny. Last time he asked Marie Lander, Assistant to the Manager, if there were any open Purchase Orders that could be delayed or cut, there was nothing at that time, and he was told it was already being done by Department Heads. Mr. Cogan felt the cuts should be made by the Manager. For example, the $231,000.00 Vactor that he had thought might help the sewer situation, but he now thought it was a mistake for him to agree to it. He went on to discuss the June correspondence with the DEP regarding a consent order proposal. Manager McFadden stated that this issue was resolved by the Court Order, which made a Consent Order no longer relevant. Expenditures of the WWCT are paid by revenue from sewer fees, and there is no problem in that fund. The issues we are dealing with are in the General Fund, which has Earned Income Tax, property millage and fines associated with it. These are two separate and distinct funds. The other point is that our impression that the DEP is not asking us to address existing problems because we are working on maintenance of the system, and this equipment was judged by Rob Kennerknecht, WWCT Superintendent, and him as equipment to keep the system from being hydraulically overloaded. Jean Davis added that the Vactor purchase was discussed with the Municipal Authority and Council, and it was a good decision made by the Borough, not the DEP, to purchase that item.
Mr. Cogan stated the larger issue he discussed with Assistant to the Manager Marie Lander came up with three options. One was for the Finance Committee to decide on cutting a percentage across the board in the budget, and he suggested requesting that the Manager red line purchase orders at Council Meetings. Assistant to the Manager, Marie Lander, stated that the Department Heads were already cutting what they could do without this year. Mr. Cogan asked Marie Lander if this was correct regarding his conversation with her. Ms. Lander stated that purchase orders were made by Department Heads and there were no unnecessary purchases or frills. Mr. Cogan went on to say that he would have to trust what they were doing.
Jean Davis stated that a few years ago they had changed the purchase order policy to have them signed by Department Head justifying their purchases, and she is comfortable with this process.
Mayor Cannell asked everyone to sit in on the budget review process on all operations of the municipality.
Ordinance Review Committee: Jean Davis reported that they needed to meet September 29, 2004 at 6:30 P.M. to review the Public Indecency Ordinance and the Sign Ordinance. Manager McFadden would be finishing up the Administration Section of Codification, and the Grease Ordinance was still in rough draft waiting for finishing touches by the WWCT Superintendent.
Jean Davis moved to accept the second reading of Ordinance 518 as follows:
HOME RULE BOROUGH OF EDINBORO
ORDINANCE No. 518
AN ORDINANCE OF THE BOROUGH OF EDINBORO MAKING IT UNLAWFUL TO
SELL, CONVEY, ASSIGN, TRANSFER THE SALE, CONVEYANCE, ASSIGNMENT,
OR TRANSFER, OF ANY INTEREST IN REAL PROPERTY BY DEED, AGREEMENT
OF SALE, OR OTHERWISE, TO ANY PERSON NOT ALREADY AN OWNER THEREOF,
WITHOUT FIRST SECURING A CERTIFICATE OF INSPECTION FROM THE BOROUGH’S WASTE WATER COLLECTION AND TREATMENT AND WATER SUPERINTENDENTS CERTIFYING INSPECTION AND COMPLIANCE RELATED TO ALL OF THE CURRENT RULES AND REGULATIONS OF THE BOROUGH OF EDINBORO RELATIVE TO TAP-IN, DISCHARGE INTO, AND CONNECTION WITH
THE BOROUGH’S PUBLIC SANITARY SEWER SYSTEM AND, IF APPLICABLE,
TAP-IN, METERING AND CONNECTION WITH THE BOROUGH’S PUBLIC WATER SYSTEM.
WHEREAS, the Borough of Edinboro endeavors to improve its community, including its water and sewer resources; and
WHEREAS, it is important for the integrity of its public water and sewer systems to insure that inflow and infiltration into the public sewer system is minimized to protect the environment and provide as much capacity in the public sewer system serving its users and that the public water supply system serving its users is operating in good condition; and
WHEREAS, the transfer of property, either of possession or title, provides an opportunity for inspection of properties, including the inspection of the integrity of the connections to the public water and sewer systems as well as any improper connections to the public sewer system; and
WHEREAS, the Borough is obligated by law to minimize inflow and infiltration into the public sewer system.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Borough of Edinboro and it is herby ordained and enacted by the authority of the same as follows;
Section 1: PROHIBITED CONNECTIONS: No person(s), home, residence, building or other contributor to the Borough’s sewage conveyance or treatment facilities shall make, allow or have a connection of roof downspouts, ground water sump pump, ground water, roof runoff, foundation drains, area way drains, subsurface drainage, directly or indirectly into said building sewer (lateral) or conveyance or treatment facilities.
Section 2: CERTIFICATE OF INSPECTION. It shall be unlawful for any owner of real property in Erie County, Pennsylvania, whose property is connected to the Borough’s public sanitary sewer system/public water system, to sell, convey, assign, or transfer any real property, or for any person to facilitate the sale, conveyance, assignment or transfer of any real property, by deed, agreement of sale, or otherwise, or for any person not already an owner thereof, to acquire an interest in any such real estate, without first securing a Certificate of Inspection and Compliance issued by the Borough’s Waste Water Collection and Treatment and/or Water Superintendents henceforth identified as the “Officer”, or his designee, with respect to the real property being transferred, certifying that an inspection has been performed and compliance achieved relative to all of the rules and regulations of the Borough relative to tapping into, discharging into, or connection with the Borough’s public sanitary sewer system and, if applicable, tap-in, metering and connection with the Borough’s public water system.
Any such inspection and certificate as may be issued by the Borough shall be pursuant to the inspection and is not intended to be an express or implied warranty or guarantee against the presence of any items of violation or noncompliance that were not apparent to the Borough Officer or his designee.
Section 3: APPLICATION FOR CERTIFICATE. An application for a certificate of inspection shall be made to the Borough Officer, or his designee, on forms furnished by the Borough and shall be accompanied by a fee in such amount as the Borough of Edinboro sets, from time to time, by resolution or by ordinance, including any such resolution at the annual Borough reorganization meeting. The initial fee for the application and inspection required for a Certificate of Inspection and Compliance, upon the effective date of the Ordinance, shall be $50.00 for both sewer and water inspections. If re-inspections are necessary on any corrections made at the property, there will be no charge for this mandatory re-inspection.
Section 4: ISSUANCE OF CERTIFICATE OF INSPECTION AND COMPLIANCE. Upon receipt of a properly completed application for a Certificate of Inspection and Compliance, the Borough’s Officer or his designee, shall within ten (10) calendar days, physically inspect the real property to be transferred, and shall determine its compliance with the Borough rules and regulations relative to its connection to the public sanitary sewer system and public water system. If the Officer, as aforementioned, determines compliance, he shall immediately issue a Certificate of Inspection and Compliance authorizing the transfer of the real estate. If the Officer determines noncompliance, he shall separately set forth each violation or items of noncompliance and the required remedial action in order for a Certificate of Inspection and Compliance to be issued and shall promptly forward a copy of his finding to all parties in interest. Upon notification of the remedial action having been completed, the Officer shall, within two (2) working days, re-inspect the real estate to be transferred and, if in compliance, shall immediately issue a Certificate of Inspection and Compliance. If upon re-inspection the Officer determines that all necessary remedial action has not occurred, he shall identify that remedial action still required and shall promptly forward a copy of his findings to all parties in interest. No Certificate of Inspection and Compliance shall be issued until all remedial action shall have been completed in a manner satisfactory to the Officer.
Section 5: INSPECTION: All users of the Borough’s sanitary sewage system and/or public water system shall allow the Borough of Edinboro, or its designees, access to any and all structures being provided such sewer and/or water services for the purpose of inspection to determine compliance under this ordinance.
Section 6: APPEAL. Any person or persons aggrieved by a decision of the Officer may, within thirty (30) days of being so aggrieved, file a written appeal of said decision to the Municipal and/or Water Authority of the Borough of Edinboro. Said appeal shall be in writing and set forth, in reasonable detail, the particular decision(s) by the Officer to which exception is taken, the reason for the exception being taken and the proposed remedy. Upon receipt of an appeal, the Municipal and/or Water Authority of Borough of Edinboro within thirty (30) calendar days of receipt shall permit a hearing to be conducted during a regularly scheduled Authority Meeting. All appeal hearings shall be conducted in accordance with the local agency law.
Section 7: VIOLATIONS: The violation of any provision of this ordinance shall be punishable in the manner set forth in the Code of Ordinances of the Borough of Edinboro and specifically as set forth in Article VI, section 616 or as the same shall be amended or replaced from time to time.
Section 8: SEVERABILITY: The provisions of this Ordinance shall be severable, and, if any of the provisions hereof shall be held unconstitutional, void or otherwise unenforceable, such shall not affect the validity of any of the remaining provisions of said Ordinance.
Section 9: REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions other this Ordinance are herby repealed insofar as the same affects this Ordinance.
THIS ORDINANCE #518 is duly enacted and ordained the ____day of October, 2004, and shall become effective in five days and remain in force until modified, amended, or rescinded by the Borough of Edinboro, Erie County, Pennsylvania.
Mary Ann Horne seconded the motion, and, with no questions, the second reading passed by a 7-0 roll call vote: Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, yes; Mary Ann Horne, yes; Gregory Lucas, yes; Clifford Allen, yes; and H. Robert Cannell, yes.
Personnel Committee: Clifford Allen reported that they would meet October 4th at 6:30 P.M. as a Council of the Whole in a closed session regarding the Manager’s review process.
Street, Buildings, & Grounds: Christopher Gillette reported they met September 20, 2004, with Architect Bob Marz to discuss their disappointment over the bids received again. Bids received were as follows:
Bidder Base Bid Alt. #1 add
Anderson Construction Inc. $151,495.00 $2,700.00
Considine Biebel & Co. 133,000.00 4,100.00
Eriez Construction 135,000.00 3,000.00
H. Platt Company 135,000.00 4,700.00
Items that were high were reviewed, and Bob Marz met with the low bidder to see what electrical service could be deducted to bring it into dollar range. Alternatives are outlined in the packet, and copies of these alternatives are on your desks from Bob Marz. It was Chris Gillette’s impression that re-bidding would not help, and he was not comfortable in making the motion regarding the bathhouse because he was one of the bidders. Mary Ann Horne asked if they needed to accept the lowest bid at $133,000.00 and then issue deduct-work orders afterwards. This year we have Community Development Block Grant (CDBG) funds of $91,000.00, the difference we would need to pay and get reimbursed by CDBG in August 2005. Greg Lucas agreed that they would need to award to the lowest bidder with change-order deductions to be in the ballpark. He went on to say that his point was that the architect knew that we had only $100,00000, and the first bids came in at $180,000.00. We paid money for this design, and it should be built at $100,000.00. Robert Cannell thanked Greg Lucas and Chris Gillette for their good questions to the architect regarding the bids. Jean Davis stated she neglected to review the plans for more than the size and wall configurations and had not reviewed the items which they have now omitted, such as power fans, hair dryers, a power drinking fountain, GIF outlets, occupancy sensors, and Heating, Ventilation and Air Conditioning (HVAC). She didn’t know what was in the bathhouse that could cost $133,000.00 when a home with two bedrooms cost this. Mayor Cannell added that it is used only three or four months out of the year and the Borough requires other things and not this. Mary Ann Horne stated if we had not destroyed the old one in anticipation of the new one, that would be fine. Greg Lucas stated we can accept the low bid and then deduct what the street crew can do or we can redesign and rebid. Robert Cogan asked if the Borough had an employee who could create a simple concrete stall with wood privacy boxes with a couple of benches and no roof using only a couple of shower heads. Chris Gillette stated that the building must meet codes. He asked if we needed to get it up this year. Greg Lucas stated that next year prices will go up.
Mary Ann Horne motioned to go ahead with the plans for the bathhouse this fall awarding the bid to Considine Biebel & Company with the lowest bid of $133,000.00 with added deductions made by Building, Streets and Grounds Committee. Robert Cogan seconded the motion and discussion followed.
Clifford Allen stated that it was September, and we do not need the bathhouse until June, so he felt we should rebid and be more specific using CDBG funds. Chris Gillette stated the building also has storage space, and he could not see how it could be simplified without changing the design. Greg Lucas asked where they would get the $20,000.00 and asked about costs going up next year and the bathhouse getting smaller. Chris Gillette stated that it isn’t fancy, just concrete at square foot costs. The motion failed by 2-4-1 vote.
Mary Ann Horne stated that the Borough needed to make sure that a finished bathhouse was available by the end of May. Chris Gillette asked that everyone get out their comments at the beginning of this process and not later. Jean Davis stated she would like to see a list detailing what would be in the bid besides size.
SOLICITOR’S REPORT:
Robert Cogan moved that Council approve the idea of a joint project in which Washington Township invests to expand our Sewer Treatment Plant with an authority governing the combined Edinboro-Washington Township sewer system, which has on its governing board one (1) or more members from the Township, in proportion to either its capital contribution to the system, or to the number of its customers in relation to the total of Borough and Township customers. For example, if our plant has an historical value of twelve million dollars ($12,000,000.00), and the Township builds in our jurisdiction a three million dollar ($3,000,000.00) million expansion, it should get 3/15 representation, say one (1) seat in five (5) on the authority. If it adds 600 customers to our 2,600, 600/3200 again equals about 18% or one (1) seat in five (5). Mayor H. Robert Cannell seconded the motion, and Robert Cogan gave his arguments for the motion.
Mr. Cogan’s first point was that it was irrelevant now, that the Township’s plant overflows into Lake. They accepted the DEP’s Order and got it stayed. The Township has allied itself with a far greater power, and we have lost four (4) appeals. All the Township needs to do is to insist on a role in governance of a joint system, and if we don’t buy into it, complain to the DEP and the Commonwealth Court. Mr. Cogan continued with his second point, which was that he had looked for but had never seen evidence that a joint authority hurt any jurisdiction. He had only heard unclear warnings about blending rates. He stated he did a lot of research on the web and read about Pennsylvania Infrastructure Investment Authority (Pennvest) funding and still didn’t understand about blending rates. Mr. Cogan’s third point concerned why is it unfair for Washington Township to pay to enlarge our plant and get only one position on the Authority. Mr. Cogan’s fourth point was that it would certainly cost money to comply in an expanded system, but we had already lost $180,000.00 in legal fees and were under the threat of $100,000.00 or more in civil penalties.
Jean Davis stated she felt the motion was like diving off the diving board before you put the water in the pool. The system’s 537 Plan needs to be completed first so we know where we are going before we decided what we are doing. Mr. Cogan stated we are approving the idea of a joint project. Jean Davis asked what project. Mr. Cogan stated he didn’t know. Christopher Gillette called for the question. Mayor Cannell asked for a voice vote. The motion failed by 2-5 voice vote.
Manager McFadden stated a copy of the Request for Proposals (RFP) for the audit 2004-2006 was in the packets and a list of Certified Public Accountants (CPA’s) to whom it was sent. Robert Cogan asked if the firm Mayor Cannell had stated was $2,000.00 a year less was on the list. Mayor Cannell stated that one (1) was, but the one (1) from Erie was not, and he had forgotten their name and would get it to the Manager so they could send a RFP to them. Jean Davis stated that the low bid plus the effect on staff would be considered. She asked how long the auditors spent each year. Marie Lander stated that in 1999, they spend three (3) weeks, and in 2004, they only spent four (4) days. Mr. Cogan asked how much overtime was used for the audit. It was noted that the Assistant to the Manager worked until approximately 7:00 P.M. evenings during the audit and there was no overtime. Clifford Allen stated this is essentially a compliance audit. The present auditors got the records from where they were kept and returned them to that same place because they were familiar with them and this should also be considered when choosing a firm.
Mary Ann Horne stated in regard to the Watershed Association meeting with the Recreation/Lake/Environment Committee, this could happen anytime a Watershed meeting occurs. They usually met the third Thursday of the month, and if the Chair of the Recreation/Lake/Environment Committee would like to schedule one (1) of these meetings, he could let Mary Ann Horne know and she would make sure the correct date, time and place was furnished to them.
Manager McFadden stated that regarding the 911 restricted account funds, he had talked to Dave Henderson, and it was an ongoing discussion at West County. Mr. Cogan stated he talked to Chief Gebhardt from the EVFD, and they felt we should support the Plateau Borough about 911 restricted account funds being used to defray costs of secondary dispatch systems since their costs keep increasing. It was agreed that the Manager would send a letter in support of this.
Clifford Allen stated he had calls about traffic on Maple Drive. A neighbor asked if they needed a petition and while they were talking two cars passed each other on Maple Drive racing to get to the next stop sign first. He was afraid someone was going to get hurt and wondered about monitoring speed on Maple Drive and maybe changing it to fifteen miles per hour (15 mph) so the maximum allowed would be twenty-five mph. The Manager would look into the speed issue and how it could be handled. The police would be allowed to park in Mr. Allen’s driveway, if needed, to monitor speed.
Also, there is a storm sewer cover on Maple Drive higher than the road that should be checked. Mayor Cannell stated he had an officer ask him why couldn’t they put white lines on the roads to make it possible to time for speeding. Manager McFadden stated that it was on the Public Works’ work list and he would talk to Tom Schruers to see when it could be done and report back to Council at the next meeting.
FINANCE:
Mayor Cannell introduced the bills for payment. Mary Ann Horne moved to approve the submitted bills totaling $50,194.57, and Robert Cogan seconded. The motion passed by a 7-0 voice vote.
Robert Cogan asked about the bonding of the Manager, and Mary Ann Horne informed him that it was divided three (3) ways.
Mayor Cannell introduced the payroll as submitted for the period ending September 11, 2004 and paid September 17, 2004 totaling $49,908.82. 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.
Robert Cogan questioned the police costs. He said his understanding was that the regular overtime should be going down with the expansion of the force from six (6) to eight (8). It was agreed that management would provide an analysis for next meeting to see if overtime had been reduced.
Jean Davis moved and Mary Ann Horne seconded to accept the MMO’s for 2005 prepared by Mockenhaupt Associates. Mary Ann Horne explained they were discussed in the Finance Committee meeting, and they were down from 2004 by $7,000.00 and administration expenses. Manager McFadden explained that the administration expenses were for Mockenhaupt actuarial services and his reports as well as for Merrill Lynch, who manages the funds. He explained that the administration costs were a significant factor in funding through state aid. We have negotiated costs twice with Merrill Lynch.
Mr. Cogan asked why the Police Fund is so expensive, and Manager McFadden explained that the administration costs are on the cost of the holdings not the payroll, so the fund is in excess of a million dollars ($1,000,000.00).
Mr. Cogan asked if RFP’s were sent out for management of the pensions as they were for the audit. Manager McFadden stated a few years ago we started a due diligence study of the pensions and during the first part we negotiated a deduction in fees with Merrill Lynch and put Rittenhouse on notice for low earnings. The second step we took was replacing Rittenhouse with a new manager and again got a fee reduction by Merrill Lynch. We will have a part of due diligence remaining in which we will review Merrill Lynch compared to a bank managing a municipal system such as the Borough’s association, and third is having different entities like Merrill Lynch. This will be started next year.
Mr. Cogan asked about reports on the pensions. He was informed that reports were received monthly and quarterly meetings were held with the Pension Committee. Also we did an actuarial change recently because the issue of net costs and gross costs arose in that the other actuary was not claiming all costs when reporting to the state, which reduced our funding. As usual, when the pension meeting was scheduled the Finance Committee would be notified.
The MMO’s were approved as presented by Mockenhaupt Associates by 7-0 voice vote.
Police:
Police monthly reports were available for review.
Boca Code/Planning/Zoning:
The monthly report was available for review. Also in the packets was an advertisement for a Zoning Hearing Board meeting, October 6, 2004.
Dave Zamierowski, the Code Enforcement Officer, was present to ask Council’s Ordinance Review Committee to attend the next Planning and Zoning Commission meeting on October 12, 2004 at 6:00 P.M. to discuss issues sent to them regarding buildings on main street areas. Chairman Jean Davis of the Ordinance Review Committee would make sure the committee was informed of the meeting.
Public Works:
The monthly Report of Public Works was available for review.
Community Development/Project Coordination:
The monthly report was available for review.
COMMUNITY LIAISONS:
Robert Cogan, liaison for the Erie County Borough’s Association, stated that he was resigning as liaison, that as far as he knew it was just a social group and he wished to make sure that no expenditures or reservations were made for his attendance.
Christopher Gillette reported that the preliminary results from the Joint Municipal Planning survey were received and more updates would follow. Robert Cogan stated that it showed people thought traffic problems were a major problem. He asked if they could contact Edinboro University of Pennsylvania (EUP) to change schedules to stagger the times of classes and plant closings in town so the congestion would be eliminated. Also he wondered about the widening of Route 99. Christopher Gillette said that Pennsylvania Department of Transportation (Penn DOT) at the Joint Municipal Planning Commission (JMPC) meeting stated it would not be doing anything for about five (5) years. He mentioned that he thought and some people had stated that the form, the way it was written, seemed to be pushing conservation and green space in the flavored questions.
Four hundred seventy-four (474) questionnaires were received for Washington Township and three hundred twenty-nine (329) for the Borough.
Mary Ann Horne reported that the Chamber of Commerce had a very successful event (Rock the Vote) with community people and university students attending the September 13, 2004 event. The police reported no wild crowds even with the music and thought the crowd was even sedate.
Robert Cogan reported that he had attended the Washington Township Council meeting and presented to Council members the figures he had obtained regarding the EVFD calls by municipalities and asked for their support in picking up a proportion of the expenses for the vehicle insurance of the EVFD. They would entertain this during their budget process for 2005. Mr. Cogan also stated that he heard that Washington Township was in a dire situation with three (3) or four (4) bridges destroyed by the flood.
Mr. Cogan asked Mayor Foulkrod of Washington Township how they would replace the bridges since many Borough residents also used the bridges. Mayor Foulkrod stated that they had financing for the Conneautee Bridge already lined up, but would be applying for Federal Emergency Management Agency (FEMA) funds for the others. Robert Cogan stated that if they needed anything in support from the Borough to let them know.
Mr. Foulkrod stated that the Highland Drive Bridge probably would be the one (1) that Borough residents used, and they were thinking of laying a temporary bridge, but no action had been taken by the Township as of this date.
Communications:
A notice of date change to October 23, 2004 for the Summit on County Government by Rick Schenker was received. Mayor Cannell stated that he hoped that some of the Council members would attend because he would be out of town visiting his daughter in Texas who was homesick.
NEW BUSINESS:
Clifford Allen moved to set the Trick or Treat date and time to October 31, 2004 from 6:00 to 8:00 P.M. Mary Ann Horne seconded the motion, and it passed 7-0 by voice vote.
Mary Ann Horne moved for adjournment, and with no objections, the meeting was adjourned at 9:00 P.M.
ATTEST:
___________________________ _____________________________
Manager E.R. Buck McFadden Mayor H. Robert Cannell
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
September 27, 2004
· Payment of bills
· Payment of payroll
· Minutes
· Ordinance 518 – 2nd reading
· MMO’s as prepared for 2005 by Mockenhaupt
· Budget Workshop Dates 6:30 p.m. 10/18,10/20,11/1,11/15,11/17
· Set dates to possibly meet with Washington Township Council 10/12 or 10/26 at 7PM
· Motion to go ahead with plans this fall for bathhouse failed by 2-4-1 vote.
· Set Trick or Treat hours from 6-8 p.m. on Sunday October 31st.
· Robert Cogan resigned as liaison of Erie County Borough’s Association.
POSTPONED
· Indecency Ordinance 502 – Ordinance Review Committee- Hearing Jan 26th – returned from Solicitor awaiting answer to a couple questions by Solicitor before 2nd reading.
· Delaying Ordinance 514 indefinitely being reviewed by Ordinance Review regarding dumpsters
· Tabled motion 8/9/04: Bob Cogan moved and second by Jean Davis to retain engineer for purpose of designing, cost estimating, & planning & scheduling work to replace or install an alternate line to make additional sewage capacity available for 100 EDU’s needed for the Orr development and to eliminate the so-called Normal Street point of concern, as required to comply with Tasks 2 and 3 of the Consent Degree that accompanied the June 30, 2004 PADEP letter..
UPCOMING MEETINGS:
· Sept 29 Ordinance Review Committee - 6:30 p.m.
· Oct 4 Personnel Committee & Committee of the Whole 6:30 p.m.
· Budget Workshops 6:30 p.m. 10/18, 10/20, 11/1, 11/15, 11/17
· Possible meeting Council with Washington Township Council 10/12 or 10/26 at 7PM
Home Rule Borough of Edinboro
September 27, 2004
6PM Joint Executive Session with Municipal Authority & C. Wunz, HRG
6 PM Executive Session Council Only
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, September 13, 2004.
Action: Motion to approve minutes
· Report on Executive Session 9/27/04 6 p.m.
IV Persons Requesting Time to Address Council
A)
1. Finance Committee/Pension Committee - Mary Ann Horne
a) See about permit applications on the web and possible charge cards and debit cards for payments
b) Review fees schedule for 2005 especially inspection fees and permit fees
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
f) Ordinance 518 – I & I Ordinance – 2nd Reading
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
6. Street, Buildings, and Grounds – Chris Gillette
a) Bathhouse: Met Sept 20, 2004 6:30 p.m.
7. Committee of the Whole -
B. Solicitor's Report:
1. DEP EHB Docket 2000-125- R (PADEP Order of May 9, 2000)
DEP V. Edinboro Commonwealth Court Docket No. 835 M.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) Memo from Manager McFadden
2. Bulk WWCT agreement with Washington Township - no report
3. Bulk Water agreement with Washington Township – nothing to report
4. 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) Set up meeting Watershed Association & Recreation/Lake/Environment Committee – When Watershed Association as new members
c) Discuss with Tri-County Industries about other days to pickup & dumpster pickup on Lakeside for summers
d) Continue discussion bulk water with Washington Township
e) Check with EVFD, Dave Henderson & PLCM about 911 restricted account funds being used to defray costs of secondary dispatch systems and/or hardware
f) RFP’s for audit 2004-2006 – mailed out 9/20/04
1 B) Letter of 9/22/04 from EUP –participate in impact study.
2. Finance –
a) Authorization to approve bills to be paid September 28, 2004
Action: Motion to approve bills totaling $ 50,194.57
b) Authorization to approve payroll
Action: Motion to approve payroll ending September 11, 2004, paid Sept. 17, 2004, totaling $ 49,908.82
c) MMO’s for 2005 - ACTION:
3. Personnel
4 Public Safety
Emergency Management
Emergency Medical Service (EMS)
EVFD
d) Police – Monthly Report
e.) Employee Safety Committee
5. BOCA Code/Planning/Zoning – Monthly report
a) Advertisement for ZHB meeting October 6th.
6. Public Works –Monthly 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
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
a) Notice of general meeting October 20th
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
a) Notes of Sept 8th meeting
b) Survey Results
E. OTHER OLD BUSINESS:
1. Council Newsletter
A. Date change for Summit on County Government by Rick Schenker
B.
VII. New Business
A. Set Trick or Treat Date and Time: (in the past October 31st 6-8p.m)
VIII. Adjournment
REMINDERS:
Finance Meeting September 27 1:30 p.m.
Executive Session by Council September 27th 6 p.m.
Authority Meeting October 11th 5 p.m.
Council Meeting October 11th 7 p.m.
2004 Council Meeting Schedule:
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 October 2004