HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
May 23, 2005
Call to Order:
The following Council members were present: Mayor H. Robert Cannell, Christopher Gillette, Clifford Allen, Robert Cogan, Mary Ann Horne, Greg Lucas and Jean Davis. Solicitor Ritchie T. Marsh was absent. Also in attendance were: Tom Schruers, Public Works Director; Dave Zamierowski, Zoning Officer; and Marie Lander, Assistant to the Manager. Guests included Nancy Crawford.
Mayor Cannell introduced the minutes from the regular Council meeting held May 9, 2005. Mary Ann Horne moved for approval of the minutes, and Jean Davis seconded, and the minutes were approved by a voice vote of 7-0.
Because there was no one who requested time to speak before Council, the Mayor moved on to Committee Reports.
Committee Reports:
Finance Committee:
Mary Ann Horne reported that they met today to review invoices and purchase orders. The committee saw no problems with the invoices and purchase orders reviewed. They discussed paying for Hepatitis B and Tetanus shots for the employees with Dave Zamierowski, who would be checking to see if employee insurance covered the shots and then the Borough would only need to pay for co-pays.
Ms. Horne reported that she had not contacted legal counsel regarding the non-uniformed negotiations because she thought the new manager would be on board shortly. Clifford Allen reported that no date had been set, and she should contact legal counsel. It was agreed that the attorney should be contacted immediately. Greg Lucas asked if it would not make sense to have the same date for renewal of the police and non-uniformed contracts so they would not have problems with changes in health care. Discussion followed. It would be discussed with legal counsel.
The committee would also meet in July with Mockenhaupt Associates and Merrill Lynch to get more information on the Minimum Municipal Obligation (MMO) and municipal obligations. Ms. Lander was asked to set up this meeting.
Regarding the Cable TV Franchise renewal, the attorney, for whom they had a quote, was willing to work as a consultant on an hourly basis. The memo from Ms. Lander regarding payments and the approximate number of subscribers stated that the numbers were drastically fewer than Mr. Lovell had reported at the last meeting. It was agreed to ask Coaxial Cable how it calculated the fee. Mr. Cogan had received a copy of the Pittsburgh agreement that he understood Mr. Cohen had prepared. He counted twenty-three (23) items that could be billed, but they might not get them here, and they might not want to charge for them, and, of course, they did not want people to stop getting cable and go to satellite dishes. He hoped they would get information per their old ordinance Sections 12 and 60 regarding financial statements and gross revenues from Coaxial Cable. Robert Cogan moved, and Jean Davis seconded that Council approve up to $2,700.00 for Mr. Cohen’s communications consultation, if needed, for the cable franchise agreement renewal. Mayor Cannell stated that Washington Township did not have an agreement at this time with Coaxial Cable because it could not provide cable service where requested. Mary Ann Horne stated that she would be going to see Mr. Lovell to get answers on gross revenues and the number of customers before they talked with Mr. Cohen. The motion passed by a 7-0 voice vote.
Ordinance Review Committee:
Jean Davis explained that the committee was still working on the final draft of codification, and it would be finished shortly and then it would be returned to Penns Valley Publishers for the final update.
Ms. Davis stated that the noise ordinance regarding “jake brakes” was in the packets for review. It was noted that Dave Zamierowski would need to notify PennDOT of Council’s request to get the corridor study completed prior to advertising and adoption of the ordinance. Clifford Allen asked if the ordinance regarding disturbing the peace and noise would be in effect. He was told that it would be, but the police would need to be at the right place at the right time to catch someone for disturbing the peace.
Jean Davis moved to adopt Resolution 12-2005 as follows:
HOME RULE BOROUGH OF EDINBORO
RESOLUTION 12-2005
RESOLUTION APPROVING THE ERECTION OF A STOP SIGN
WHEREAS, the Borough Council has authority as provided in Chapter 15, Section 15-213 of the Home Rule Borough of Edinboro Codification of Ordinances to erect or remove a stop sign at any intersection or applicable area by a Resolution of the majority of Council; and
WHEREAS, the Home Rule Borough of Edinboro Council has determined it necessary for the safety of its residents to install a stop sign mid-block in the northbound lane of Harrison Drive at Harrison Drive; and
WHEREAS, Harrison Drive is within the legal limits of the Borough of Edinboro,
NOW, THEREFORE, BE IT RESOLVED by the Home Rule Borough of Edinboro Council, in a meeting assembled this 23rd day of May, 2005, that the Borough hereby approves the installation of a stop sign mid-block in the northbound lane of Harrison Drive at Harrison Drive.
The motion was seconded by Mary Ann Horne and passed unanimously by 7-0 roll call vote: Mary Ann Horne, yes; Gregory Lucas, yes; Clifford Allen, yes; Robert Cogan, yes; Jean Davis, yes; Christopher Gillette, yes; H. Robert Cannell, yes.
Personnel Committee: Mr. Allen asked for an Executive Session at the end of the meeting to discuss the manager search.
Recreation/Lake/Environment: Mr. Allen reported that the triathlon was scheduled for June.
Tom Schruers, Public Works Director, reported that it would be a cold swim and that Pat Davis had had a bike accident and had broken her elbow, but she would be there to make sure everything went well.
Clifford Allen reported that he had a request from Dan McLaughlin to have a tennis clinic like they had for basketball. He heard that the high school coach would do it, and Mr. McLaughlin was willing to put in the first $200.00-$300.00 to get it started. He felt they could support it just like they did the 3 on 3 basketball clinic. Mr. Allen moved to support a tennis clinic as had been done for the 3 on 3 basketball clinic. Jean Davis seconded the motion, and discussion followed. Mary Ann Horne stated that the tennis courts had to have holes, and they had received a grant and contracted to have the courts paved to be a skateboard/rollerblade area. Clifford Allen asked if this would stop skateboarders from being on the streets and allow them only in the lot. Mayor Cannell asked if it could be both, if it could be a tennis court for the tennis clinic and then have the posts removed at other times. After more discussion Jean Davis moved, and Clifford Allen seconded to postpone action on the motion until alternative options were reviewed possibly at the General McLane High School or at Edinboro University. The motion was approved 7-0.
Mary Ann Horne volunteered to be Council’s liaison for the Young Men’s Christian Association (YMCA) Pool Committee if Mr. Allen had no objections or unless he would like to have someone from the Recreation Committee be the liaison. Since there were no objections, Mayor Cannell appointed Mary Ann Horne liaison to the YMCA Pool Committee.
Public Safety Committee: Mr. Lucas reported they would be meeting May 31, 2005, at 6:30 P.M. and requested that Chief Craft attend. Robert Cogan asked that they review car lots being located at the intersection in the middle of town and if those would be safety hazards. Mary Ann Horne requested that the committee look into the fact that the stoplight was blinking at 10:00 P.M. on the night when several events had been scheduled in town, the music festival, a dance recital and a play at General McLane High School (GMHS). It was hectic with no lights, and it used to blink at midnight. Tom Schruers reported that it was supposed to blink from midnight to 6:00 A.M., and he would make sure it was corrected. The light was scheduled according to their light permit, and he had not been informed by the police of any change.
Streets, Buildings, & Grounds Committee: Greg Lucas reported that the bathhouse was on schedule, and a construction meeting would be held tomorrow. Mr. Lucas noted that letters had been sent to the Food Pantry and neighboring municipalities regarding the Food Pantry, but as yet no responses had been received. Jean Davis reported that she was at the Washington Township Council meeting, and they noted that they plowed snow at the schools and asked why they should pay, and that was the end of the discussion.
A service request for Water Street was in the packets. After discussion, it was turned over to the Public Safety Committee.
Discussion was held regarding municipal garbage cans not being out, and it was noted that they were put out for Memorial Day weekend each year.
Robert Cogan moved to authorize Mayor H. Robert Cannell and Solicitor Ritchie T. Marsh to execute the consent decree as presented. Jean Davis seconded the motion, and it passed by a 7-0 voice vote.
Mayor Cannell introduced the bills for payment. Ms. Horne moved for approval of the submitted bills totaling $145,580.41, and Robert Cogan seconded. After discussion regarding the police bike patrol and Penn Prime Insurance, the motion was approved by a 7-0 voice vote.
Mary Ann Horne moved, and Robert Cogan seconded to approve the payroll ending May 7, 2005, paid May 13, 2005, totaling $53,009.42, and the motion passed by a 7-0 voice vote.
Police:
The Police Report for the month was available for review. It was noted that Benzi, the canine, had found a lot of marijuana and also had been requested on the campus of Edinboro University of PA (EUP).
Code Enforcement/Planning/Zoning:
The monthly report was available for review. Dave Zamierowski asked for a few moments to show Council the subdivision plans of Kathleen Anne Masters (Zindel) on Dundon Road and Lakeland Drive. The parcel was 5.3 acres and a 3/4 acre lot was being subdivided. It had been approved by the Borough of Edinboro Planning Commission on May 12, 2005 and by the Erie County Planning Department on May 19, 2005. Jean Davis moved to accept the subdivision of Kathleen Anne Master (Zindel) as presented for Dundon Road with the understanding that there was a written, signed agreement with Washington Township regarding sewer. Mary Ann Horne seconded the motion, and it passed by a 7-0 voice vote. Council members were reminded to sign the Mylars and copies before they left tonight.
Public Works:
The monthly report was available for review.
Mary Ann Horne wanted to thank Tom Schruers and the Public Works crew for the great job they had done and noted that Nature’s Outlet looked great for the Highland Games and music festival.
Wastewater Collection & Treatment:
An advertisement regarding the Joint 537 Plan was in the packets for review. It would be in the May 25, 2005 paper and input would be taken until the June 27, 2005 meeting.
Water System:
The monthly report was available for review.
Community Development/Project Coordination:
No report was available since the Coordinator was on vacation.
Community Liaisons:
Chamber of Commerce: Ms. Horne repeated that she attended the May 19, 2005 meeting at Culbertson Hills and that Erie regional people were present. They found out that a portion of their annual dues was put back into local projects, and they would be selling the Edinboro area. The last issue of their magazine had the Wooden Nickel Buffalo Farm featured, and people thought this was the best cover ever.
Mayor Cannell stated that he had spoken to a prominent gentleman in town, who said he was going to join after hearing that part of the funds would go back into the area for local projects.
Environmental Shade Tree Advisory Committee:
Mary Ann Horne reported that the minutes showed they were looking for places to plant trees and applying for grants.
EVFD Board Liaison: Mr. Cogan reported that, at the invitation of our local Emergency Medical Services (EMS) Director, he had attended a legislative breakfast May 20, 2005, hosted by the Emergency Medical Management Corporation, (EMMCO) West, which was contracted to the Pennsylvania Department of Health, to coordinate the delivery of emergency medical services in northwestern Pennsylvania. They were given a PA Department of Health newsletter page with an article called “Director’s Corner,” by one of the Speakers, Bill McClincy. It contained links to information on the state of volunteer emergency services in Pennsylvania. Mr. Cogan reported on his findings in following up on the links as follows. Briefly put, since 1985, volunteer fire departments have lost over half their members, down from 152,000 to less than 70,000. More than 90% of Pennsylvania’s 2,462 departments were volunteer. If the remaining 70,000 were forced out by needing to work or by nonsupport, professional replacement would cost Pennsylvanians about six billion dollars per year. Also EMS has emerged as a professionalized service. About 2/3rds of EMS workers are paid and are professional employees of municipal or private services. EMMCO asked that Councils express support for a group of Senate and House Bills that should help ease the situation of volunteer firefighters and emergency medical service providers. Mr. Cogan checked out the following bills and recommended that Council move to support them. House Bill (HB) 1282 would create a state EMS Commissioner equal to the Fire Commissioner and unburden EMS from some of the bureaucracy of the Health Department, which it has under the old 1985 EMS Act written when most EMS workers were nonprofessionals working out of fire departments. Senate Bill (SB) 24 creates a state personal income tax credit of $250.00 for volunteer EMS personnel. EMMCO also recommended that Council support SB 95, HB 365 and HB 525, which Mr. Cogan had not yet looked at. Mr. Cogan moved that Council express support for HB 1282 and SB 24. Clifford Allen seconded the motion, and it passed by a 7-0 voice vote. Mr. Cogan stated he would draft the letters for Mayor Cannell’s signature.
Washington Township Liaison: Ms. Davis reported that she had given her comment regarding the Food Pantry in committee reports.
Watershed Association: The Association met May 19, 2005. Mary Ann Horne reported they discussed the clean up day and that less trash is found each year. Goals next year included storm water and applying for grants.
Mayor H. Robert Cannell stated that Resolution 10-2005 on Council’s desks was for the Pool Study.
Mary Ann Horne moved to adopt resolution 10-2005 as follows:
HOME RULE BOROUGH OF EDINBORO
RESOLUTION NO. 10-2005
A RESOLUTION CLOSING OUT COMMUNITY CONSERVATION
PARTNERSHIPS
GRANT PROJECT (BRC-TAG-10-152)
WHEREAS, the Edinboro Borough (Erie County) has prepared a Pool Feasibility Study for the Edinboro Area Community Swimming Pool area; and
WHEREAS, the purpose of the study was twofold and the first purpose was to determine whether or not it is feasible for the swimming pool to be acquired by one or more of the local municipalities to operate as a community swimming pool, and the second purpose was to help community understand what improvements need to be made to the Edinboro Community Swimming Pool that will improve its efficiency, bring it into compliance with current bathing place regulations, provide a safe swimming environment, better meet the needs of area residents, and provide a cost effective facility; and,
WHEREAS, the Study was financed in part by a Community Conservation Partnerships Program grant under the administration of the Pennsylvania Department of Conservation and Natural Resources, Bureau of Recreation and Conservation, under contract number BRC-TAG-10-152.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Council of the Borough of Edinboro that:
A. the project was completed in accordance with the Grant Agreement;
B. all project expenditures have been made and were in accordance with the Grant Agreement;
C. the Pool Feasibility Study is acceptable to the Borough Council of the Home Rule Borough of Edinboro;
D. the Study will be used to guide future acquisition, development and/or conservation initiatives.
ADOPTED THIS 23rd day of May, 2005, by the Council of the Home Rule Borough of Edinboro, Erie County, Pennsylvania
Jean Davis seconded the motion, and it was approved by a 7-0 roll call vote: Christopher Gillette, yes; Mary Ann Horne, yes; Gregory Lucas, yes; Clifford Allen, yes; Robert Cogan, yes; Jean Davis, yes; H. Robert Cannell, yes.
Communications:
Correspondence from Brent Allen regarding the EMS tax was received and the response was also available for review.
The University-Community Networker May 2005 issue was in the packets.
Because there was no other new business, the Mayor asked if they were ready for an Executive Session.
EXECUTIVE SESSION:
Chris Gillette moved for an Executive Session at 8:15 P.M. to discuss personnel matters. Mary Ann Horne seconded the motion, and the meeting was adjourned to Executive Session.
Upon returning at 8:37 P.M., Mr. Allen reported that the Personnel Committee was asked to investigate the employment of a new manager and the process was completed at this time. He would like put before Council the name of Taras A. Jemetz, who had been offered an agreement and who had accepted it. Mr. Allen moved to accept the agreement for Borough Manager with Taras Jemetz and have the appropriate persons sign it. Jean Davis seconded the motion, and it was approved by a 7-0 voice vote.
Mr. Allen stated that he would like to make a second motion pursuant to discussion in Executive Session. In the absence of a Borough Manager, they had relied on the services of the Assistant to the Manager Marie Lander, and Mr. Allen moved to appoint Marie Lander as the Acting Borough Manager and to instruct the Finance Committee to look into appropriate compensation. Robert Cogan seconded the motion and it passed by a 7-0 voice vote.
It was agreed to put off the announcement of hiring Mr. Jemetz until later in the summer, sometime before August 1, 2005. At that time Council would welcome him to the Borough.
Mayor Cannell thanked Mr. Allen and his committee for their work in this matter.
There being no further business before the Council, Mayor Cannell asked for a motion for adjournment.
Mary Ann Horne moved for adjournment, and the meeting was adjourned at 8:42 P.M.
ATTEST:
_______________________________ _________________________________
Acting Borough Manager Marie Lander Mayor H. Robert Cannell
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
May 23, 2005
· Payment of bills
· Minutes
· Payroll
· Solicitor & Mayor approved to execute Consent Decree
· Up to $2700 for legal consultant for Cable Franchise renewal
· Resolution 12-2005 Stop Sign Harrison Drive
· Mary Ann Horne to be Council liaison for YMCA Pool Committee
· Resolution 10-2005 Pool Study accepted
· Subdivision of Kathleen Anne Masters (Zindel) on Dundon Road
· Taras Jemetz at Manager to start August 1st.
· Marie Lander appointed Acting Manager until Mr. Jametz comes
·
POSTPONED
· Ordinance Review to review final Codification for adoption
· Ordinance Review – No JAKE Brakes & signage regarding – Study by Penn DOT being requested by Dave Zamierowski
· Citizen request for signage on Water Street – Public Safety Committee to review 5/31
· Motion by Kip & Seconded by Jean to support a tennis clinc same as 3 on 3 basketball (5/23/05 tabled).
UPCOMING MEETINGS:
· Public Safety Meeting May 31 6:30 p.m. – Chief Craft to attend
· Next Council meeting June 13, 2005
· Dave Z. to contact PennDOT regarding authorization for Jake Brake Ordinance
· Chief Craft to attend Public Safety Committee Meeting May 31st 6:30 p.m.
· Cogan to write letters from Mayor regarding support HB regarding EMS
· Public Works to install stop sign Harrison Drive per resolution 12-2005
· Find out possibility for tennis camp sponsored by Borough at EUP or GMHS
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
May 23, 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 _NONE___, Solicitor Marsh ___, and Marie Lander, Assistant to the Manager ____.
III. Approval of Minutes
· Regularly Scheduled Meeting, May 9, 2005
Action: Motion to approve minutes
IV Public Participation
1. Finance Committee/Pension Committee/ Negotiation Committee - Mary Ann Horne
a) Committee Met May 23 1:30 p.m.- Report
b) Non Uniform Employee Negotiations
c) Cable TV Franchise Renewal -FYI
2. Ordinance Review Committee –Jean Davis
a) Codification – Return of final draft from Penns Valley- still reviewing
b) Sign Ordinance
c) Grease Ordinance
d) Noise Ordinance – Jake Brakes
1) Sample ordinance
2) PennDot – authorize request
e) Commercial district
f) stop sign request Harrison Drive- Resolution 12-2005
3. Personnel Committee – Kip Allen – update Manager Search Committee
4. Recreation/Lake/Environment – Kip Allen
a)
5. Public Safety – Chris Gillette
a)
6. Street, Buildings, and Grounds – Greg Lucas
a) Food Pantry
1) Letter to Food Pantry
2) Letters to municipalities regarding Food pantry
b) Citizens request for signage on Water Street for committee review
7. Committee of the Whole -
B. Solicitor's Report:
1. Edinboro v. DEP, EHB Docket No. 2004-017-R, Appeal of Undated Assessment
a) Authorization of signing of settlement
2. Edinboro Police & EUP Police Jurisdiction
C. Management's Report:
1. SB157 – EMS Tax – FYI
2. Finance –
a) Authorization to approve bills to be paid May 23, 2005
Action: Motion to approve bills totaling $ 61,065.77
b) Authorization to approve payroll
Action: Motion to approve payroll ending May 7, 2005, paid May 13, 2005, totaling $ 53,009.42
3. Personnel
4 Public Safety
Emergency Management
Emergency Medical Service (EMS)
EVFD
d) Police – Monthly Report
e.) Employee Safety Committee
5. Code Enforcement/Planning/Zoning –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 -Advertisement -FYI
8. Water System – Monthly Report
9. Community Development/Project Coordination (no report on vacation)
D. Community Liaisons
1. Public Relations/Cable TV - Bob Cannell
2. Chamber of Commerce – Mary Ann Horne – May 19th at Culbertson Hills
3. Environmental Shade Tree Advisory Committee – Mary Ann Horne – minutes April 4th meeting
4. Erie County Borough –
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 –May 19th meeting
13. Joint Municipal Planning – Chris Gillette - May meeting cancelled.
E. OTHER OLD BUSINESS:
1)
· Brent L. Allen – EMS Tax – FYI
· University-Community Networker – May 2005 issue
VIII. Adjournment
2005 Council Meeting Schedule:
June 13, June 27, July 11, July 25, August 8, August 22, September 12, September 26, October 10, October 24, November 7, November 21, December 5 at 7 p.m. and December 19 @4:30 p.m.
©Copyright JUNE 2005