HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
May 9, 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. Also in attendance was: Marie Lander, Assistant to the Manager. Guests included: Ryan Smith, The Meadville Tribune; Lorie L. Bearfield; Chris Lovell, Coaxial Cable TV, and Darrel Sisson.
Mayor Cannell introduced the minutes from the regular Council meeting held April 25, 2005. Ms. Horne moved for approval of the minutes, and Ms. Davis seconded. The minutes were approved by a voice vote of 7-0.
Chris Lovell, Coaxial Cable TV. As General Manager he was present to ask Council to renew the franchise agreement with Coax with only one change, which was the term of the contract. He was requesting the contract be for twenty (20) years. Mr. Cogan asked about the old ordinance, which had a section about the renewal process beginning three (3) years before the expiration of the contract. He wondered why Coaxial Cable requested the renewal the day before expiration instead of three (3) years ago. Mr. Lovell stated that he came to Edinboro approximately five (5) years ago, and it had taken this long to get the business up and running properly. In the last five (5) years they had expanded the number of stations, had introduced digital cable, high speed internet and were looking forward to hi-definition on demand. Ms. Horne stated that he was asking to extend the term longer. She asked if he would be opposed to having a contract term of fewer years. Mr. Lovell stated it would benefit them to have the longer term but had no objections to the current term.
Mr. Lucas asked about the fact that Coaxial Cable TV was not currently on campus at Edinboro University. Mr. Lovell explained that Coax is in College Park, and all off-campus housing. Channel 69 was up and working, which was a university band space for Edinboro Television (ETV) programming. Campus Televideo is on campus. Mr. Lovell stated that they lost the university seven (7) years ago because of mismanagement. Coax averaged 3,500 to 4,000 customers, depending on whether school was in session. The franchise fee presently was five percent (5%) of the basic cost of $34.35 of each customer. Mr. Cogan asked if Coax had proprietary infrastructure and high speed internet telephony such as vonage could be purchased. Mr. Lovell presently had ten (10) to fifteen (15) customers using it. He stated he was a working manager and was available to answer questions as needed. He stated that Coaxial Cable was not a chain but a sole entity.
It was noted that Council would discuss this matter more fully in Executive Session with legal counsel.
Darrel Sisson, 143 Meadville Street, stated that he had talked to Tom Schruers about speed control and lines on the streets several times. He also spoke to police officers regarding traffic control and vehicles going too fast by his home. He stated he had not seen anything happen, so he was here to ask Council. He wanted to see someone arrested for speeding. He was told by an officer that they did not have stopwatches, so they could not stop anyone. Mayor Cannell stated they did have stopwatches because they had them calibrated regularly. Mr. Sisson added that he also had seen parking on sidewalks and at “No Parking” zones at the old Dr. Holloway house. They should at least be told to move, but he stated he had been patient for two years, but now he wanted traffic control. Mr. Sisson also reported that he called the police when there was a fight about 3:00 A.M., and they had traffic stopped two (2) ways with over twenty (20) people involved. They needed to get something under control. Mayor Cannell assured Mr. Sisson that he would send this information to the Public Safety Committee to make sure that lines were repainted for traffic control. Mr. Sisson’s second topic was regarding the proposed ordinance disallowing brakes that were noisy. Ms. Davis stated that they were covered under the Noise Ordinance and not allowed to be used. Mr. Sisson maintained that it happened daily. He had offered his driveway to the police from which to watch.
Mr. Cogan wondered if they should put signs up at each end of town, stating “Brake Retarders Prohibited” like Summit Township had. Ms. Davis offered to get a copy of the Summit Township ordinance for the Ordinance Review Committee. Mr. Lucas stated that the Public Safety Committee would look into both topics with the police.
Lorie Bearfield, P.O. Box 542, Edinboro, PA 16412, was present to discuss the parking lot on Short Street. She acknowledged that she had not spoken to Northwest Bank. She was waiting to hear from Council. Mr. Lucas stated that it was possible to sell the property, but first they needed to find out if National City still wanted to come and if it could meet the restrictions. Mayor Cannell added that it was possible, but Council had to do some things internally also.
Because no one else requested time to speak, the Mayor moved on to Committee Reports.
Committee Reports:
Finance Committee:
Ms. 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, the cost estimated at $1,500.00, which they thought could be split among departments and the Fire Department.
The committee had received notice to get started on non-uniformed employee negotiations, and a mediator had been assigned, if needed. The labor attorney would be notified of this. The Cable TV Franchise would be discussed in Executive Session.
Ordinance Review Committee:
Ms. Davis explained that the committee was working last Monday and Friday on the final draft of codification. The Grease Ordinance would be adopted later and not with the codification because it was more complicated than originally surmised. Mayor Cannell asked about the commercial district and the possibility of a used car lot coming to Edinboro. Ms. Davis stated it was a commercial area and such a use was allowed. There were restrictions for signage that would be in effect.
Personnel Committee: Mr. Allen asked for an Executive Session at the end of the meeting to discuss the Manager search and to get guidance from Council.
Recreation/lake/Environment: Mr. Allen reported that they had received the numbers on 3-on-3 basketball and football from Bob Jahn. In 2000, there were 185 participants with 52 from the Borough, 72 from Washington Township, 27 From McKean Borough and McKean Township and the remainder from elsewhere. In 2003, they had 165 participants with 55 from the Borough, 64 from Washington Township and 29 from McKean. In 2004, they had 149 participants with 46 from the Borough, 78 from Washington Township and 14 from McKean. This showed that the Borough was a good neighbor, hosting these events with its insurance, etc.
It was mentioned that the lifeguards had been obtained through the Young Men’s Christian Association (YMCA) for this year.
The July 4th Festival was assigned to this committee, and Mr. Allen was not sure what the Mayor wanted, a Borough event or what. Mayor Cannell stated he did not want it a Council event. Ms. Horne stated that she talked to Renee Thayer of the Chamber of Commerce, who was going to put the 4th of July celebration on the agenda of that organization for discussion. Council would support and continue with what it had done in the past with the assistance of the Police Department and the Pubic Works Department and providing electric service. Dr. Jim Schmidt had done this for years and the committee met on Sunday nights at his office at 7:00 P.M. to work on it.
Mr. Lucas reported that he had attended the Saturday May 7, 2005 Lake Cleanup sponsored by the Watershed Association. The Lake area was pretty clean, but they needed to spend more time in the Township finger section of the Lake with the Boy Scouts than planned.
Public Safety Committee: Mr. Lucas reported that they met April 28, 2005 at 6:30 P.M. with Mayor Cannell, Ms. Horne, and himself present. They discussed the drop in violations, which was thought to be because of the number of officers. Since the meeting, Mr. Lucas had spoken to Chief Craft, and he felt the numbers should increase since they had ten (1) officers in the past and then fell to six (6) and currently had eight (8) full-time officers. The Chief had some action plans and requested that the Public Works Department put lines out for speed control, especially on Route 99 south.
Chief Craft also felt they did not need a traffic study on Harrison Drive because of the minimal traffic, but he thought it was a good idea to put a stop sign there. Mr. Lucas asked that the request for a stop sign on Harrison Drive be sent to the Ordinance Review Committee and that a letter be sent to Mr. Odell regarding its status. Mr. Lucas wanted to thank the Drug Task Force, which was made up of some of the Borough officers for sending the message that you were welcome in Edinboro, but if you were in sales and not as a business major, beware.
Streets, Buildings, & Grounds Committee: Mr. Lucas reported that the bathhouse was on schedule but was smaller than they wanted, but he liked the colors chosen by Council. It should be ready to use by the end of May.
Mr. Lucas noted that work on Thompson Park would commence after the 3 on 3 Basketball Camp concluded.
Mr. Lucas also talked to Tom Schruers, Public Works Director, about replacing the front walk and stairs at the municipal building with concrete. Dave Zamierowski would work up the specs, and they would get quotes on the project. Ms. Lander was asked to follow up on this with Mr. Zamierowski and Mr. Schruers.
On April 26, 2005, Tom Schruers, Mayor Cannell, and Mr. Lucas met with Ella Pahls, Director of the Edinboro Food Bank. She had requested more space for the Food Bank. During the last Council meeting, Kip Allen had asked about a breakdown of the households served according to the area, and she informed them that last week the total households served were 124. Out of that number 45 were from the Borough, 34 from Washington Township, 7 from McKean Borough, 28 from McKean Township and the remainder outside this area of 10. They learned that the Food Bank had been in the municipal building since 1982, during which time the Borough had never been compensated by anyone for electricity, footage or cleaning. They looked at the room the Northwest Tri-County Intermediate Unit autistic students used, but it was not available for use by the Food Pantry. Then they looked into a storage closet next to the Recreation Room, which Ms. Pahls was using for storage of Christmas supplies. The committee gave her the go ahead to use the storage closet and observed that the room she requested she was using for clothing, and she was supposed to have food items only. Secondly, they observed that she was growing out of her allotted space, and what space she had with the closet was as much as they could give her. If she was outgrowing that area, they suggested breaking up into smaller communities, but she said the bylaws did not allow that. They finally came up with recommendations to have food only and no clothing, to try utilizing the space she had with better shelving, with storage off the main area, and to look for another space that was larger and less congested. Ms. Davis stated that Ms. Pahls mentioned that she had several weeks of supplies and should be turning it over. Mr. Allen reiterated that the Borough had again been a very good neighbor for twenty-three (23) years allowing the Food Bank to use space rent free with free utilities besides. Ms. Davis stated she had acquired new appliances recently and it saved her a lot of money monthly on electricity. Mr. Allen moved, and Robert Cogan seconded to send a letter to Ms. Pahls, informing her of Council’s recommendations and notifying her that Council was happy to have the Food Bank as long as it can stay within its limits as outlined, and if possible, she should upgrade the refrigerator and freezer to energy-efficient models. The motion passed by 7-0 voice vote.
Mr. Allen moved, and Robert Cogan seconded to send letters to other municipalities serviced by the Food Bank and ask for contributions to the Borough toward utilities and floor space costs to offset the cost of two (2) refrigerators and three (3) freezers. The motion passed by 7-0 voice vote.
Council met prior to this meeting in Executive Session with the Municipal Authority of the Borough regarding EHB 2004-017R.
Council requested an Executive Session with Solicitor Marsh regarding Judge Renwand’s Order of April 28, 2005, regarding EHB Docket No. 2004-017R. With no objections, after all other business had been taken care of, they would move to Executive Session.
Correspondence from Solicitor Marsh since the last meeting was either sent prior to this meeting or was in the packet for review.
Solicitor Marsh arrived at 8:05 P.M. and again requested an Executive Session at the end of the meeting.
Mayor Cannell introduced the bills for payment. Ms. Horne moved for approval of the submitted bills totaling $61,065.77, and Robert Cogan seconded. With no objections, the motion was approved by a 7-0 voice vote.
Mayor Cannell had a few questions regarding the bills. One was why they were buying clothing for bike patrol when they already had three outfitted. This would be the fourth. Chief Craft should be asked, if it was specific for only one employee. Mr. Allen thought they should be encouraging the use of the bikes with the price of gas increasing.
Mayor Cannell wondered why the cost of the audit was so high. The reason for this was Governmental Accounting Standards Board (GASB) 34 reporting which started this year. He was also reminded that they had send out Requests for Proposals (RFPs), and this was the cost per year for the next three (3) years.
Ms. Horne moved, and Ms. Davis seconded to approve the payroll ending April 23, 2005, paid April 29, 2005, totaling $47,601.15, and the motion passed by a 7-0 voice vote.
Community Liaisons:
Chamber of Commerce: Ms. Horne repeated that she had a call in to Renee Thayer regarding the July 4th Festival.
EVFD Board Liaison: Mr. Cogan reported that they met Monday May 2, 2005, and that John Foulkrod was new to the Board, and they were busy switching accounts.
Washington Township Liaison: Ms. Davis reported that she was unable to attend the meeting.
Authority: The authorities met tonight and Ms. Davis reported that the Water Authority accepted the 2004 audit, discussed the bulk water agreement to be sent to Washington Township by the solicitor, that security would be completed soon, and a generator would be needed at $1,000 per day while Edinboro University shut off electricity for the cleaning of tanks.
Joint Municipal Planning Commission: The commission would meet Wednesday, May 11, 2005.
Mr. Allen wanted it noted that last year on graduation there were problems with trash, but this year a bulk trash pickup was set for that day, Saturday. Mr. Allen stated he went around town and felt the company did a great job because downtown looked great. He felt this should be kept as the date for bulk trash pickup in the future and have it noted on rental permits and request an email sent to all students with this information.
Mayor Cannell stated he had a call from a resident, who informed him that trash had been put out early in several places over the weekend. He had notified Dave Zamierowski, the Code Enforcement Administrator, of the problems.
Mr. Allen added that was why he had suggested changing the Monday and Tuesday regular pickup dates because people could put out their trash on Sunday night for Monday.
Communications:
Correspondence from the 911 Task Force, Penn Prime information on the 2005 Governor’s Award for Local Government Excellence, and information regarding MTR.
Mayor Cannell reported that he received a call from Dr. Pogue, President of Edinboro University of PA (EUP) regarding headlines. Dr. Pogue wanted to know why it was being done now. Mayor Cannell told him this was a State Police Task Force event, not a Borough police event. Mayor Cannell also talked to Dr. Pogue about other communities having good relationships with their colleges and having monthly meetings to discuss items like this. Dr. Pogue stated he was willing to do this.
Mayor Cannell mentioned that he also had received a call from Mike Redlawsk, who provided housing for 1300 students, and he stated this kind of news was not good to hear. After talking with him, the Mayor said that Mr. Redlawsk also had agreed to be on the partnership committee meeting with the college.
Mr. Cogan stated that during the semester, the Task Force did traces, and before the students left at graduation or break, they were busted. He felt the Mayor should refer questions to the State Police Task Force or the Police Chief. Ms. Davis thought that maybe the university would like to invite the Borough’s police dog to their dorms and buildings regularly to inspect. Mr. Allen noted that this had happened in our community, but they did not put it in the people’s hands. The Task Force was cleaning up the area and would give the community back clean streets.
Ms. Davis stated that the article on House Bill 1418 was a wonderful thing. Jean Davis moved to send letters to John Evans and the committee who sponsored the bill to show Council’s support and to encourage them. Robert Cogan seconded the motion, and it passed by 7-0 vote.
Because there was no other new business, the Mayor asked if they were ready for an Executive Session.
EXECUTIVE SESSION:
Greg Lucas moved for an Executive Session at 8:25 P.M. to discuss with the Solicitor: EHB Docket No. 2004-017R; the personnel matter of the manager search; and the Coaxial Cable franchise agreement. Ms. Davis seconded the motion, and the meeting was adjourned to Executive Session.
Mr. Cogan did not attend the Executive Session and left the meeting at this point.
Upon returning at 9:00 P.M., Mr. Allen moved to instruct the Solicitor regarding litigation of the civil penalty on EHB Docket No. 2004-017R, to negotiate on Council’s behalf as instructed how to proceed. Mr. Gillette seconded the motion, and it passed by 6-0 voice vote.
Ms. Davis moved to extend the franchise ordinance and agreement currently with Coaxial Cable TV for ninety (90) days to allow Edinboro to review the present ordinance. Mr. Gillette seconded the motion, and it passed by 6-0 voice vote.
There being no further business before the Council, Mayor Cannell asked for a motion for adjournment.
Christopher Gillette moved for adjournment, and the meeting was adjourned at 9:05 P.M.
ATTEST:
_______________________________ _________________________________
Assistant to the Manager Marie Lander Mayor H. Robert Cannell
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
May 9, 2005
· Payment of bills
· Minutes
· Payroll
· Solicitor instructed to proceed per instructions of Council in Litigation of Civil Penalty.
· Extended current Franchise Ordinance & Agreement with Coaxial Cable for 90 days to allow Edinboro to review present ordinance.
POSTPONED
· Delaying Ordinance 514 indefinitely being reviewed by Ordinance Review regarding dumpsters.
· Ordinance Review – Ordinance for placing stop sign Harrison Drive
· Ordinance Review to review final Codification for adoption
· Ordinance Review – No JAKE Brakes & signage regarding – check on Summit Twp
UPCOMING MEETINGS:
· Finance May 23, 2005
· Next Council meeting May 23, 2005
· Check with Chief Craft regarding bike clothing
· Get ordinance from Summit Township for Ordinance Review.
· Letter with recommendations from Building, Streets, & Grounds to Ella Pahls.
· Letter requesting support from municipalities serviced by food panty
· Council request to keep trash pickup on graduation day to keep streets clean – worked well May 7th. – put in EUP email, etc.
· Letters to John Evans & committee of HB1418 to encourage support.
· Speed Lines – request to get roads marked
· Letter to gentlemen who asked for stop sign on Harrison Drive that it is going to ordinance review for adoption process.
·
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
May 9, 2005
6:00 p.m. Joint Executive Session with Municipal Authority
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, April 25, 2005
Action: Motion to approve minutes
IV Public Participation
A. Chris Lovell, Coaxial Cable Television regarding Franchise Agreement Renewal
1. Finance Committee/Pension Committee/ Negotiation Committee - Mary Ann Horne
a) Committee Met May 9th 4:00 p.m.- Report
b) Non Uniform Employee Negotiations
c) Cable TV Franchise Renewal - action
2. Ordinance Review Committee –Jean Davis
a) Codification – Return of final draft from Penns Valley- 4/27/05 met
b) Sign Ordinance
c) Grease Ordinance
d) Dumpster Ordinance 514 – Ordinance postponed for further review by committee
e) Noise Ordinance
f) Commercial district
3. Personnel Committee – Kip Allen - update
4. Recreation/Lake/Environment – Kip Allen
a) July 4th Festival
5. Public Safety – Chris Gillette
a) stop sign request Harrison Drive
6. Street, Buildings, and Grounds – Greg Lucas
a) Ella Pahls’ request more space – met 4/26
7. Committee of the Whole -
B. Solicitor's Report:
1. Edinboro v. DEP, EHB Docket No. 2004-017-R, Appeal of Undated Assessment
a) Correspondence from Solicitor – FYI
b) Met in executive session tonight with Authority regarding EHB 2004-017R
c) Council request executive session with Solicitor regarding Renwand Order April 28, 2005 regarding EHB Docket No. 2004-017 R
2. Edinboro Police & EUP Police Jurisdiction
C. Management's Report:
1. Request of 4/28/05 for information regarding parking lot - FYI
2. Finance –
a) Authorization to approve bills to be paid May 9, 2005
Action: Motion to approve bills totaling $ 61,065.77
b) Authorization to approve payroll
Action: Motion to approve payroll ending April 23, 2005, paid April 29, 2005, totaling $ 47,601.15
3. Personnel
4 Public Safety
Emergency Management
Emergency Medical Service (EMS)
EVFD
d) Police –
e.) Employee Safety Committee
5. Code Enforcement/Planning/Zoning
6. Public Works
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
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
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 met 5 p.m. tonight
11. EUP Administration – Bob Cannell
12. Watershed Association – Mary Ann Horne
13. Joint Municipal Planning – Chris Gillette
E. OTHER OLD BUSINESS:
1)
· Penn Prime – 2005 Governor’s Award for Local Government Excellence
· 911 Task Force
· MTR
·
· House Hill 1418 - FYI
VIII. Adjournment
2005 Council Meeting Schedule:
May 23, 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 MAY 2005