HOME RULE BOROUGH OF EDINBORO

COUNCIL MEETING MINUTES

October 24, 2005

Call to Order:

Monday, October 24, 2005, the regularly scheduled meeting was called to order by Mayor H. Robert Cannell at 7:00 P.M 

Roll Call: 

The following Council members were present: Jean Davis, Robert Cogan, Clifford Allen, Mayor H. Robert Cannell, Greg Lucas, and Mary Ann Horne.   Member absent was Christopher Gillette.  Also in attendance was T. Jemetz, Manager; Solicitor Ritchie Marsh; and Marie Lander, Assistant to the Manager.  Guests included K. Zahorchak, D. Shimpeno, R. Cole, Larry Cole, Mike Zahorchak, George Shimpeno, R. Carnewski; Bob Healy, Times News; Nancy Crawford, Sue Nunn, Katie Wooliscroft, and Ryan Smith, Meadville Tribune. 

Minutes:

Mayor H. Robert Cannell introduced the minutes from the regular Council meeting held October 10, 2005. Clifford “Kip” Allen moved for approval of the minutes. Mary Ann Horne seconded, and the minutes were approved by a voice vote of 6-0. 

Public Participation:

George Shimpeno, 215 Beech Street.  Mr. Shimpeno was present to talk about having Lakeside Drive properties cleaned up.  There are building materials in yards and people need to be pressured to clean up the area, granted there are not many properties that need it.  We have a pleasant area but in particular at 401 Lakeside Drive and 809 Lakeside Drive there is trash and building materials in their yards.  Especially they need to remove these things from the right of way, if nothing else.  It has been there for 6 months to a year.   

Nancy Crawford 202 Elm Street.    Don’t we have an ordinance to cover this?  Mayor Cannell stated yes.  She explained that there were old boats sitting for several seasons and not in the water, but she was not sure if that was allowed or not.  Mr. Cogan stated he would review the property maintenance code regarding this.  Jean Davis stated that one ordinance stated no recreational vehicles in front yards which might cover the boats.

Mike Zahorchak 601 Lakeside Drive.  He thanked Manager Jemetz for arranging to have the bathhouse open longer this year.  He wanted to inform Council that on 108 Pine Street there was a vehicle unattended with trees growing up around it and materials piled on its roof.  There is also trash, a canoe, and a snowmobile in the yard.  They also burn things in the summer that are very smelly.  Mr. Zahorchak asked that this property be forced to clean up.

Larry Cole, 803 Lakeside Drive.  This property is next to 101 Walnut Street.  He asked if they could make them survey the property because he felt that the owners were using property of the Borough.  Front yard is on Walnut Street is 40 foot wide and 100-110 feet deep.  The extra property is the Boroughs along the street and is part of the road set back laws and should be reviewed.  At 809 Lakeside Drive, which was grandfathered in before zoning, is the only property closer to the road. Past the property line are items on Walnut Street which have been there for over a year.  Mr. Cole would like the Zoning Officer to investigate this situation.

Being no further public participation the Mayor moved on to old business.

OLD BUSINESS:

            Committee Reports: 

Finance Committee: 

Mary Ann Horne reported that they met today to review invoices and purchase orders with Marie Lander and saw no bills out of the ordinary.  Health costs have not arrived yet and estimates will be put into the proposed budgets.    Mary Ann Horne moved to have the Manager forward the franchise agreement received from Attorney Cohen to Coax.  Robert Cogan seconded the motion.   Mayor Cannell had a concern that it was 39 pages long and with three full time Council members they did not have enough time to read the agreement.  He also stated that COAX was interested in leasing water tower space for an antenna.  Jean Davis stated that the Water Authority has been actively looking for a tenant for some time.  Discussion followed and members agreed they had enough time to review.  The motion passed by 6-0 voice vote.  Attorney Cohen will review any counter offer received.

 Ordinance Review Committee:

                Jean Davis reported they met October 17^th at 6:15 p.m. and worked on a noise ordinance.  Mr. Zamierowski will put it into our format and forward it to our solicitor for review prior to advertising and three readings and adoption.

            Streets, Buildings & Grounds Committee:

Greg Lucas reported they met October 13^th to review CDBG requests for 2006 projects.  They first reviewed bathhouse project and basketball courts.  The projects of 2002-2005 which included the business district 127,000 and 6N East PENNDOT project which is out for bids.

For FY2006 it is estimated $157,000 for CDBG and we suggest the following:  First Darrow Road Pedestrian bridge on south side for $75,000; next Bathhouse sidewalks and basketball court $10,000; next safety surface at Billings Park if not covered by revitalization grant; next completion of Lakeside walkway from 6N to existing walkway $50,000; and last the possible acquisition of land for parking, Vicki Coffin felt other funds could be obtained to do this last project.  Hearing to announce that Borough would be applying for CDBG funds will be Nov 21^st at 6:15 p.m.   Jean Davis asked why housing revitalization was taken of the list for CDBG projects.  Greg Lucas stated that Vicki Coffin indicated that the owners were going to use the property for rental property at a later date.  Jean Davis stated Ms Coffin had told the people it was “a hand out”.  Manager Jemetz stated the committee felt that we should do projects that benefit the community and more than one family.  It was agreed not to start house rehabs again unless Council would actually complete the projects.   

The Committee also noted that 95% of the front walk and steps was completed by John Sweeney & Company. 

The bid on the sewer plant lab roof was received.  Manager Jemetz stated that only one bid was received from McCreary Roofing for $30,800, which was a little higher than expected.  Most of the roof contractors have sent their crews south into the storm areas for work and to wait was not recommended.  Jean Davis moved to award the bid to McCreary Roofing Company, Inc. for $30,800.00 and Mary Ann Horne seconded.  The motion passed by 6-0 voice vote.

Solicitor's Report:

Solicitor Marsh had nothing to report. 

Greg Lucas asked about the bulk water agreement with Washington Township.  Solicitor Marsh stated it was his understanding the there was a question of availability of excess water and the Water Authority was reviewing this and would get back to him on their position.  Jean Davis stated that the agreement under same original rules was to be reviewed with Solicitor of Township, who has not contacted Attorney Marsh.  It was also noted that Council and the Authority wanted present indemnity and not reduced indemnity. The Solicitor would wait for further orders from the Authority.

Robert Cogan asked about whether Council would be able to advertise ordinances in the Albion News.  Solicitor Marsh stated he would find the answer to this question and report back.  The paper doesn’t need to be daily but at least once a week.  General distribution means sold in Edinboro, which Albion News is.  Circulation of 3200 is not just our area.  Kip Allen asked if it was in the Borough would people look for a Borough paper called Albion News.  Citizens are presently looking in the Meadville Tribune for advertisements.  Jean Davis agreed that it would be more difficult for people to look for our advertisements in the Albion News.  Mayor Cannell stated the new paper would be in mail boxes starting November 4^th.

Management Report:

                Manager:

            Manager Jemetz report was in the packets for Council’s review and comments.  Manager Jemetz stated that he had EUP Home Coming on the agenda for the Town Gown to discuss funding of $2,000 and to see if EUP will support this expense to the Borough.  EUP has contributed for the first time toward EVFD equipment insurance based on number of calls in 2003.  Kip Allen asked that Manager Jemetz at the Town Gown ask the university if they will then be reducing their normal contribution to the fire department by this amount as previously done or not be reducing it. 

            Manager Jemetz stated that references of refuse/recycling bidder was recapped and put on the Council’s desks.  The memorandum reviews World Resource References.  If the Solicitor is satisfied with this memorandum to cover the Borough, the next lowest bidder would be Waste Management, if World Resources is not chosen. 

In the Manager notes it also stated the footbridge on Normal would be started soon.  Dr. Pogue was present for Thompson Park ribbon cutting and Tom Schruers, Public Works Director did a great job organizing this event.  Manager Jemetz attended a seminar on personnel management, which Mr. Cohen spoke on franchise agreements. 

Curt Bower had contacted Manager Jemetz it would be another week before the union would be ready to start negotiations on non-uniformed contract. 

Pennsylvania Economy League (PEL), a firm working on impact study of SSHE on host municipalities, will be here tomorrow.  Manager Jemetz will be attending workshop in Greensburg October 27^th and the informational meeting by DCNR on peer to peer study is rescheduled to November 3^rd to discuss the option of a commission, not a joint authority.

            Finance:         

            Mayor Cannell introduced the bills for payment. Jean Davis moved for approval of the submitted bills totaling $156,666.92.  Mary Ann Horne seconded.  Mayor Cannell asked why this was higher than prior year at this time.  Ms. Lander informed him that CDBG items were paid as well as the new clerk included the payroll into the bills.  The motion passed by 6-0 voice vote.

            Mary Ann Horne moved, and Jean Davis seconded to approve the payroll ending October 8, 2005 totaling $54,834.60.  Motion passed by 6-0 voice vote.

            Bids opened for the refuse/recycling collection for 2006-2008 October 10, 2005 and tabled were as follows:

Jean Davis moved to discuss this item and take it from being tabled.  Mary Ann Horne seconded the motion and it passed by 6-0 voice vote. 

            Jean Davis moved to award the refuse/recycling contact to Waste Management after Council, at their discretion, reviewed the information from the Manager and Assistant to the Manager and eliminated World Resources because of references showing they were not reliable.  Mary Ann Horne seconded the motion and discussion followed. 

            Greg Lucas asked about the date change for garbage pickup brought up at prior meeting by Kip Allen.  Manager Jemetz explained this contract is the same time and days with review of the new twelve hour rule. We will have a new contractor and change of day would only cause more problems. We can enforce the twelve hour rule and will review regularly. Mr. Cogan moved for the question.  Ms. Zahorchak said it was scary to think about Council moving the pick up dates on Lakeside.  Renters have refuse/recycling containers out from Saturday to Monday presently and if you change the day then it would be out to Tuesday or Wednesday, which would have garbage at curb side even longer. 

            The motion passed by 5-1 roll call vote:  Gregory Lucas, yes; Clifford “Kip” Allen, no; H. Robert Cannell, yes; Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, absent; and Mary Ann Horne, yes. 

            The EMS tax Ordinance 525 for 2006 was introduced for first reading.  Mr. Robert Cogan moved to wave complete reading of ordinance and Greg Lucas seconded.  The motion passed by 6-0.  Robert Cogan moved to accept Ordinance 525 and Jean Davis seconded.  The motion passed by 6-0 roll call vote:  Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, absent; Mary Ann Horne, yes; Gregory Lucas, yes; Clifford Allen, yes; and H. Robert Cannell, yes.

            Robert Cogan moved to adopt the second reading of Ordinance 527 amendment to the Police Pension Plan as presented by legal counsel and actuary.  Jean Davis seconded the motion and it passed by 6-0 roll call vote:  Clifford Allen, yes; H. Robert Cannell, yes; Robert Cogan, yes; Christopher Gillette, absent; Mary Ann Horne, yes; and Gregory Lucas, yes.

            Budget workshops will be October 26, November 9, November 14, and November 16 at 6:30 p.m.  October 17 we had our first workshop and began with a third quarter review compared to budget and prior years of the proprietary funds. 

            Notice of vacancies on the Water Authority, Municipal Authority, and alternate on Zoning Hearing Board were to be advertised.  Jean Davis moved to appoint Greg Lessig to the Water Authority and Municipal Authority to replace John Snyder for the remainder of his term.  Robert Cogan seconded the motion and it passed 6-0.

            Notice of request for RFP’s for engineering 2006-2008 was in the packets for review by Council.

            Dates for 2006 meetings were also in the packets and with no objections would be advertised in December for 2006.

            Police:

            Police report was available for review.  Jean Davis requested that the letter regarding officers be put into their personnel records.

            Code Enforcement/Planning/ Zoning:

            Monthly report was available for review.

            Larry Cole, 803 Lakeside Drive.  He stated that the Zoning office was reluctant to enforce the codes, which Mr. Cole had purchased for $20.  He stated that owner of 401 Lakeside Drive was using 42-45’ while his property is only 40’ wide.  Who is going to enforce codes if you can’t get a legal opinion from the Solicitor because it costs money?  Mr. Cole went on to say he lived here in Edinboro and pays his taxes and agrees with the code and it should be enforced.  The gentlemen at 401 Lakeside Drive asked for a variance from Zoning Hearing Board and the applicant was turned down to put a building on property because it would increase square footage more than 50%.  After that he got permission to build a garage same size as asked for previously that was denied by Board.  Now he can build garage per Zoning Officer.  How can this be?  He has dragged the cottage from Travis’s property and moved it to his and calling it a garage.  Manager Jemetz stated the Borough was aware of this and if someone moved in they would shut them down.  Mr. Zahorchak stated that the same person when asked to move building materials just moved it to other property all summer as if it is a game.  The games need to stop.  A shed was allowed on wheels only, now it is on a cement pad and there is almost no property left.  Solicitor Marsh recommended sending a letter to the owner of 401 Lakeside making them aware of residents concerns to Council and maybe attempting to circumvent the system and warn them the Borough will take action if this happens. 

            Public Works:

            A monthly report was available for review.

            Wastewater Collection & Treatment System:

            Bid for plant roof repair was addressed earlier in the meeting.

            Community Development/Project Coordination:

            Monthly Report from Vicki Coffin was available for review.

            CDBG Hearing for FY2006 will be November 21^st at 6:15 p.m.

Community Liaisons: 

            Environmental Shade Tree Advisory Committee:

            Mary Ann Horne reported that they were looking into Tree USA grants.

            PLCM Local Group:

            Kip Allen reported that the university received a grant for Ramp Training, which is money to train bar owners and bartenders to recognize underage drinking.  He also informed Council that there was grants for enforcement and the grant writer should look into this for our police force.  These grants are through PLCM.

            Joint Municipal Planning Commission:

            Meeting was held October 12, 2005 and a hearing was advertised for October 21, 2005 6:30 pm.  The hearing will be here, prior to adoption of the plan by Council.

Communications:

Note from Mr.  & Mrs. Mason; Mr. Corner; & Mrs. Schleich regarding police officers service were received.

Dept of Planning County of Erie sent notice of amendment to Erie County Plans for Land Use & Community Facilities Map.

New Business: 

Jean Davis moved and Mary Ann Horne seconded to write a letter to municipalities that help us with EVFD expenses as well as Washington Township for life guards and weed spraying in the Lake to remind them to put these items into their budgets for FY2006.  The motion passed 6-0 with no objections.

Jean Davis informed the Manager that there was a washout of the road on Dundon Road at the Borough property.  The appropriate people will be notified.

A resident had a question on the November 3rd meeting, regarding the Peer-To-Peer study information from DCNR, if it would be open to the public.  Manager Jemetz stated that he was told it would be advertised by Washington Township as a joint Councils workshop.

Adjournment:

            Robert Cogan moved for adjournment, and the meeting was adjourned at 8:40 P.M.

ATTEST:

_______________________________               _________________________________

Borough Manager T. Jemetz                                     Mayor H. Robert Cannell

Home Rule Borough of Edinboro Council Meeting

HIGHLIGHTS

October 24, 2005

COUNCIL APPROVED:

·        Payment of bills 

·        Minutes

·        Payroll

·        Second  reading Police Pension amendment

·        First reading  EMS tax renewal

·        Award Refuse/Recycling bid to Waste management 2006-2008

·        Lab roof at WWCT Plant awarded to McCreary Roofing $30,800

·        Appoint Greg Lessig to Water Authority & Municipal Authority

POSTPONED

·        Ordinance Review to review final Codification for adoption

·        Cable TV Franchise extension of current contract until 12/31/05

·        Draft proposed disaster resolution by Mr. Cogan – for comment purposes only to Mr. Cogan

UPCOMING MEETINGS:

·        Budget Workshops 10/17, 10/26, 11/9, 11/14, 11/16  6:30 p.m.

·        Next Council meeting November 7^th

·        CDBG Hearing November 21^st 6:15 p.m.

·        JMP Hearing November 21^st 6:30 p.m.

·        Authority Meeting November 14^th 5 p.m.

MANAGEMENT INSTRUCTED TO:

• Deliver new agreement to COAX Cable
• Paperwork for new refuse/recycling hauler – Waste Management
• Paperwork for awarded roof project – McCreary Roofing
• Check on trash & building materials 401 & 809 Lakeside Drive – enforcement of codes
• Send letter to 401 Lakeside Dr – inform residents came to Council that they maybe attempting to circumvent ZHB.  Warn if anything but garage will take action immediately
• Check on 101 Walnut Street – use of set back
• Check on 108 Pine Street – Vehicle unattended in trees with materials on roof
• CDBG project 2006: 1) Darrow Road Pedestrian Bridge southside $75,000; bathhouse sidewalks & basketball court $10,000; Safety surface billings park; completion Lakeside walkway $50,000; acquisition land for parking
• Send letters to all that are to be reappointed
• Send letters to municipalities to remind them of their portion of EVFD vehicle & workers Comp (Life Guards & Weed spraying also for Washington Township)
• See about grant funds for drug enforcement in university town—college received funds for training of bartenders
• Check into road washed out on Dundon Road near gate
• Manager to present COAX with new agreement for signature

HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING

October 24, 2005

7:00 P.M. Regular Meeting

I.                    Call to Order of the Regular 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 Taras Jemetz ___, Solicitor Marsh  ___, and Marie Lander, Assistant to the Manager____.

III.       Approval of Minutes

·         Regularly Scheduled Meeting, October 10, 2005    

 Action: Motion to approve minutes

IV        Public Participation

            A.                   

V.        Old Business –

A.  Committee Reports –

1.       Finance Committee/Pension Committee/ Negotiation Committee -  Mary Ann Horne

a)      Committee met today 4:00 p.m.:

b)      Non Uniform Employee Negotiation – end of October

c)      Cable TV Franchise Renewal – copy attached for Council’s input to Finance Committee

2.       Ordinance Review Committee –Jean Davis – met Oct 17   6:15 p.m.                                                   

a)      Codification – General Code (Penns Valley)-being proofed

b)      Sign Ordinance

c)      Grease Ordinance (to be introduced in March 2006)

d)      Commercial district

e)      Noise Ordinance – recommendation from Susan Nunn

3.       Personnel Committee – Kip Allen  -

4.       Recreation/Lake/Environment –  Kip Allen

5.       Public Safety – Chris Gillette

6.       Street, Buildings, and Grounds – Greg Lucas 

a) CBDG 2006 application – Met 11/13 11 a.m.

7.       Committee of the Whole  

B. Solicitor's Report:

1.       Culbertson Pool

C.  Management's Report:

            1.  Manager Jemetz Report

                        a)  Town Gown – Next meeting October 25

                        b)  Use of newspapers-FYI

            2.  Finance –

a)  Authorization to approve bills to be paid October 24, 2005             

Action:  Motion to approve October 24, 2005 bills totaling                                            $        156,666.92                      ;

b)  Authorization to approve payroll

 Action:  Motion to approve payroll ending October 8, 2005,                paid October 14, 2005, totaling $ 54,834.60

c)      Bids opened October 10^th 3 p.m. – refuse/recycling collection – Tabled 10/10/05 --  AWARD BID

d)      Ordinance 525 - EMS tax for 2006 –  1 st reading – take resident input --– final adoption November 21^st meeting

e)      Ordinance 527 – Police Pension Plan amendment – second reading final adoption November 7^th

f)        Budget Workshops – October 26, Nov 9, 14, 16 at 6:30 p.m.

                                    1) Notes on October 17^th workshop

                                 g)   Public Notices – Vacancies Committees –FYI

                                 h)            Public Notice – request for RFP’s for engineering -FYI

                               i)   2006 meeting dates – for review

                        3.   Personnel  

                        4    Public Safety

Emergency Management  

Emergency Medical Service (EMS)

EVFD  

d)   Police

      1)  Monthly Reports

e.)  Employee Safety Committee

5.  Code Enforcement/Planning/Zoning

            a)  Monthly Report               

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

a) Bid for plant roof repair – ACTION: award

8.  Water System – Monthly Report

9. Community Development/Project Coordination

            a)  Monthly Report

                b)  Hearing on CDBG November 21^st  6:15 p.m.

            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 –- FYI

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.   EUP Administration – Bob Cannell

12.   Watershed Association – Mary Ann Horne

13.   Joint Municipal Planning –  Chris Gillette

                                                a) Meeting held Oct 12^th.

b) Hearing  Oct 21^st  6:30pm., 2005

E. OTHER OLD BUSINESS:

      1.  Draft resolution by Robert Cogan 10/8/05

      2.  Peer - to - Peer DCNR meeting 11/3/05 4:00 p.m.

VI.              Communications

A.      Letter from Mr. & Mrs. Mason; Mr. Corner; & Mrs. Schleich

B.       Dept of Planning County of Erie – FYI

C.        

VII.            New Business

A.       

VIII.         Adjournment

                                                     2005 Council Meeting Schedule:

October 24,  November 7, November 21, December 5 at 7 p.m.

and December 19 @4:30 p.m.

OTHER DATES TO REMEMBER

Finance Meeting October 24^th  4 p.m.

Budget Workshops 6:30 p.m. Oct 26; Nov 9,14,16

Trick or Treat October 31, 2005  6-8 p.m.

November 3, 2005  Peer-to-Peer DCNR meeting 4 p.m.

Hearing CDBG 6:15 p.m. November 21^st

Hearing JMPlan  6:30 p.m. November 21^st

©Copyright November 2005