HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
September 8, 2008
Call to Order:
The following Council members were present: Clifford “Kip” Allen, Michael Amidon, H. Robert Cannell, Greg Lucas, Dennis Travis, Jean Davis, and Mary Ann Horne. Also in attendance was T. Jemetz, Manager; Solicitor Ritchie Marsh; John Groh, Zoning & Code Enforcement Director; and Marie Lander, Assistant to the Manager. Guests included: Kathy Amidon; Pam Hemlin; Nancy Crawford; David E. Mitchell, Erie County Council; M.J. Campbell, Washington Township Boro Liaison; and Kristina Lindberg of the Edinboro News.
Mayor Horne introduced the minutes from the Public Hearing and regular Council meeting held August 11, 2008. Greg Lucas moved for approval of the minutes as printed. Michael Amidon seconded, and the minutes were approved by a voice vote of 7-0.
Mayor Horne asked if there was any wishing to speak during public participation. Being none, Mayor Horne moved on to committee reports.
Committee Reports:
Finance Committee: Jean Davis stated that they had met today to review the bills and open purchase orders and saw no problems. She motioned to approve the bills as presented for the bills to be paid August 25, 2008 totaling $52,914.33 and September 8th for $28,818.51 for a total of $81,732.84 and Robert Cannell seconded. The motion passed by 7-0 voice vote.
Jean Davis moved approval of the payroll ending August 9 that was paid August 15, 2008 totaling $52,567.08 and payroll ending August 23 paid August 29, 2008 totaling $50,863.61. The motion was seconded by Michael Amidon and passed by 7-0 voice vote.
Ordinance Review: Clifford Allen stated that Marie would be contacting the committee to set up a meeting.
Personnel Committee: Chair Robert Cannell move to appoint Richard Eberle to the Environmental Shade Tree Advisory Committee for a term to expire January 2011. Jean Davis seconded the motion and it passed by 7-0 voice vote.
Clifford Allen asked if we need a Public Safety Meeting since the university is having homecoming on campus, do we need to address the amount of people on one spot or has management already looked into this.
Manager Jemetz stated the Police are on stand by and have towing options available if needed.
Clifford Allen stated since the university made this decision to be on campus. With there being different people planning the parade, while we had emergency routes for ourselves in the past we need to make sure we cover all possibilities. Emergency Management still needs to be aware of this.
Dr. Travis asked how much over time will the police have.
Manager Jemetz stated that we plan on the normal for police because there will still be drinking and parties off campus Friday and Saturday. We only charge EUP for parade related costs and street closures if on Borough streets. There will be more folks in town but difficult to bill.
Jean Davis stated the burden is on the Borough for police and streets, but we do not get paid for our extra work. She went on to state that the people are assembling on McComb field house parking lot where normally people park, so they will be parking around town and we need to be prepared.
Manager Jemetz stated that we also have a PLCB grant that can pay for some of the overtime related to alcohol awareness. We do this every year Friday and Saturday during Homecoming weekend and Chief Craft assured me that he is prepared.
Robert Cannell asked if the campus has requested any assistance.
Manager Jemetz stated only to put up a banner.
More discussion followed regarding the Homecoming weekend.
Robert Cannell reported that the University was having an open meeting tonight starting at 6 p.m. to discuss the subject. Business Association is having children’s’ games at Natures Outlet for those not attending the football game.
Clifford Allen again stated that the Borough of Edinboro is cooperative if the university wanted help but it was their decision totally to have it on campus.
Jean Davis stated that in the past it cost less than $4000 for actual expenses.
Manager Jemetz stated the estimate for 2008 was $4000 but in years past they were not billed some years because of in kind services in trade. Three years ago they were charged and paid approximately $2000 for streets work only.
Mayor Horne stated that the Manager sent a letter to the university outlining the estimated costs and stated if they have any questions they could call to discuss, but EUP never called to discuss.
Clifford Allen stated that the banner has been on 6N for more than two (2) weeks. The Banner Policy states limit of two weeks. Manager Jemetz will notify the public works to review status of banner.
Solicitor Marsh stated he was working on sewer plant issues with Rob Kennerknecht, Marie Lander, and Manager Jemetz; Subpoena issued to Borough of Edinboro in the Browning v. Buckleitner case with Rob Kennerknecht and Melinda Murphy; and Zoning issues with Manager Jemetz and John Groh..
Manager: Manager Jemetz report was in the Council’s packet for review and comments. Manager Jemetz reviewed his report in detail.
Sewer Expansion Project; completion of full-depth reclamation on Hillcrest Drive, Terrace Drive, and the parking lot; Draft US 6N Corridor Land Use & Transportation Study; Sewage treatment agreement with EUP; sample ordinance to Ordinance Review Committee who still needs to meet; working on negotiations with non-uniformed personnel; pension meeting August 13th showed funds are performing well compared to their respective indexes with costs to administer down $20,000 from when Merrill Lynch administered; exterior renovation of the Water Tower are complete and interior work will be performed in the sprint; and submitted online application for “Safe Routes to School” grant for proposed sidewalk from Maple Drive to the Library and beyond to the Elementary School as well as sidewalk/bike path on the north side of 6N in the Township.
Mayor Horne thanked Manager Jemetz for the work on her street, Hillcrest Drive.
Manager Jemetz then asked Council to move into the audience so they could see better, while he presented a presentation on the E-Coli Study of the Lake. The study has been given to the newspaper from Washington Township and they also discussed the report in their meeting earlier this month.
Slide presentation to follow:
Dr. Travis asked what Washington Township would do, if we do not agree
with their analysis?
Manager Jemetz asked Dr. Travis to attend the September 10th meeting and ask his questions of Washington Township. The meeting is Wednesday Sept 10th at 7pm. Please ask the questions what is to be done? Copy of study will be sent to all Council members since the Township has already released it to the media and their Council. Originally it was suppose to be discussed in a small group workshop before being released.
Jean Davis asked if this was the study we are suppose to pay jointly with the Township and the Watershed. Manager Jemetz confirmed that this is the draft study that should not have been released until reviewed by the entities jointly having the study done.
Dennis Travis asked that the Manager take his slide presentation as well as handouts of it to the meeting on Sept 10th.
Mayor Horne thanked the Manager for his work in reviewing the study and updating the Council on the Lake.
Finance: Notice of advertisement for CDBG Engineering and Consulting and advertisement for the Refuse/Recycling bids.
Notice from Department of Community and Economic Development (DCED) informing Council of their approval of the 2008 CDBG funds of $128,860.
Manager Jemetz noted that is amount includes administration costs and it is down approximately 10% from last year.
Minimum Municipal Obligations (MMO) for the three pension plans for 2009 was presented from Mockenhaupt Benefits Group.
Jean Davis moved approval of the MMO’s for 2009 as prepared by Mockenhaupt Benefits Group as follows: Police Pension $150,163; Non-Uniformed Employee Pension $46,291; and Defined Contribution Pension for $11,604.
Michael Amidon seconded the motion and it passed by 7-0 voice vote.
Police: Mayor Horne asked if anyone had any questions on the current report. Robert Cannell reported that the report looked good, but there was no canine report. Manager Jemetz would check with the Chief on the report.
Employee Safety Committee: Committee to meet September 12th.
Code Enforcement/Planning/Zoning: Report was on the Council’s packets for review. Mayor Horne asked if anyone had any questions, since Mr. Groh was present tonight. Clifford Allen asked about the rental lease licenses renewal of August 15th and how he was determining if they were student rentals. Mr. Groh stated he is making a database of those who have existing student rentals from multiple sources and will have information ready soon.
Zoning Hearing Board notice for hearing October 1, 2008 at 5 p.m. was in the packets for Council’s information.
Resolution 17-2008 regarding acceptance of “Plan Revision for New Land Development” per the Pennsylvania Sewage Facilities Act at Edinboro University (EUP) proposed development of a parcel of land identified as EUP Athletic Dome was in the packets for approval.
Jean Davis moved adoption of Resolution 17-2008 as follows:
Clifford Allen seconded the motion and it passed by 7-0 roll call vote: Gregory Lucas, yes; Clifford Allen, yes; H. Robert Cannell, yes; Michael Amidon, yes; Jean Davis, yes; Dennis Travis, yes; and Mary Ann Horne, yes.
Mayor Horne thanked Mr. Groh for his nice letter to Edinboro Area Historical Society, copy of letter was in the Council’s packet for their information.
Wastewater Collection & Treatment: A letter from Waste Management agreeing to an extension of the Sludge Hauling Contract of 2006-2008 was reviewed and Michael Amidon moved to adopt Resolution 14-2008 as follows:
Home Rule Borough of Edinboro
Resolution No. 14-2008
A RESOLUTION, of the Home Rule Borough of Edinboro, Erie County, Pennsylvania.
WHEREAS, Sludge Disposal Bid awarded November 10, 2005 to Waste Management of Pennsylvania, Inc, 975 Robison Road, Erie, PA 16509, for January 1, 2006 and ending December 31, 2008; and
WHEREAS, in Section II (H) Length of Contract states: “The Borough and the contractor shall have the option of extending the contract for one (1) additional year at no increase in price, providing both parties mutually agree to such extension.”; and
WHEREAS, Waste Management of Pennsylvania, Inc. agrees to the optional 1-year extension of the current agreement. During the term of this extension, the rates will be as follows:
Container hauling fee: $185.65 per pull
Waste Disposal Fee: $37.10 per ton
Fuel & Environmental Surcharges will not be billed during the term of the extension.
NOW, THEREFORE, BE IT RESOLVED by the members of the Borough Council, that the Home Rule Borough of Edinboro, hereby deemed to be in the best interest of the Home Rule Borough of Edinboro, to mutually agree to extend the contract for one (1) additional year (January 1, 2009 and ending December 31, 2009) at the terms stated above. Further, the Home Rule Borough of Edinboro, authorizes the Borough Manager to sign necessary documents extending the contract.
Robert Cannell seconded the motion and discussion followed. Mayor Horne stated that with fuel costs going up to get an extension on price is great. Manager Jemetz stated you have to agree with an extension.
The resolution 14-2008 passed by a roll call vote of 7-0 as follows: Jean Davis, yes; Dennis Travis, yes; Michael Amidon, yes; Gregory Lucas, yes; Clifford Allen, yes; H. Robert Cannell, yes; and Mary Ann Horne, yes.
Easement in favor of Washington Township Sewer Authority and Washington Township for permanent and construction easement was in packets for Council’s information.
Community Liaisons:
Erie County Council: David Mitchell, Erie County Councilmember was present and thanked the Edinboro Community for their vision for a library. He stated he did not have a date for the Edinboro Branch move but they had just moved the Millcreek Mall branch and Fairview was moved back. Edinboro has moved forward rapidly with your community responding and your leadership. Thank you for allow us to occupy your space for these many years; we are only moving because we are growing. Hopefully we can all be together for the ribbon cutting. If you have any issues for the County to address please contact me, my phone number is in the book. If you would like me at any meeting also please call.
Mayor Horne stated that last month the County Executive met here but it was not well advertised.
David Mitchell stated that is a problem we put notices in the papers but finding only way to get notices in paper is if we are fighting on something. We discuss many issues in our meeting dealing with millions of dollars but the media only mention that we did not address the run way or gambling issues. We do not have funds to advertise as much since the cost have increased.
Mayor Horne stated that the Borough has a public access chancel and if they let us know next time we will put it on the station. Also our local paper, Edinboro News, is comparable to number of readers in the Edinboro area.
Mr. Mitchell also informed Council that they were supporting our safe routes to school grant. Manager Jemetz thanked him for County Council’s support.
PLCM: Clifford Allen reported that Sept 18-19th will be the PLCM risk management seminars which several will be attending from here. Manager Jemetz stated that the Chief, sergeant, John Groh and himself would be attending.
EVFD: Michael Amidon had nothing to report.
Washington Township: Greg Lucas had nothing to report.
Authority: Jean Davis stated that almost everything has already been discussed here tonight. The outside of the water tank is panted. The easement for the sewer authority was discussed already.
Manager Jemetz stated that in the Water Authority they discussed the Cherry Street line was almost complete. In the Municipal Authority the Scotts Glen sag line was discussed and a new manhole was installed and they are holding their bond a couple more months to review the sag. Washington Township is working on a PennVest loan and they needed information from us.
Other Old Business:
Jean Davis moved for executive session regarding legal matters and H. Robert Cannell seconded. Mayor Horne moved to executive session at 7:50 p.m.
EXECUTIVE SESSION:
Mayor Horne reported at 8:35 p.m. that they discussed the Browning v. Buckleitner case regarding subpoena of information to the Borough of Edinboro. Attorney Marsh updated Council on this matter.
Also discussed the judgment against Michael Amidon in the amount of $8000. We discussed what was to be done in this case.
Greg Lucas moved to direct the Manager to treat Mr. Amidon as he would do with any other resident of the Borough and to resolve the litigation. Robert Cannell seconded the motion and it passed by 6-0-1 roll call vote: Dennis Travis, yes; Gregory Lucas, yes; Clifford Allen, yes; H. Robert Cannell, yes; Michael Amidon, abstain; Jean Davis, yes; Mary Ann Horne, yes.
Michael Amidon stated he did not expect any exceptions as a member of Council. Mr. Amidon said he would play it out in the legal with negotiating an amicable resolution if not; it will be played out in the legal process.
Communications:
Erie County Planning notice of updates to the comprehensive plan was received.
New Business:
Robert Cannell moved to set Halloween observance for October 31, 2008 from 6-8 p.m. and Michael Amidon seconded. Discussion followed regarding the GM game. The motion passed with a 7-0 voice vote.
Penn PRIME annual meeting proxy was discussed. Robert Cannell moved to have Clifford Allen to vote the proxy if needed and Greg Lucas seconded the motion passed by 7-0 voice vote.
Greg Lucas moved for adjournment, and the meeting was adjourned at 8:45 P.M.
ATTEST:
_______________________________ _________________________________
Borough Manager Taras Jemetz Mayor Mary Ann Horne
Home Rule Borough of Edinboro Council Meeting
HIGHLIGHTS
September 8, 2008
· Payment of bills
· Minutes
· Payroll
· Appoint Richard W. Eberle to Environmental Shade Tree Advisory Committee for a term ending January 2011
· Resolution 17-2008 Plan Revision for new land dev – EUP DOME
· Resolution 14-2008 Extension of Sludge Hauling Contract 2009
· Approve MMO for 2009 as presented by Mockenhaupt Associates
· Advertisement for Refuse/Recycling bids
· Set Halloween observance October 31, 2008 6-8 p.m.
· Penn PRIME Annual meeting Proxy – Kip Allen representative
POSTPONED
UPCOMING MEETINGS:
Sept 22, 2008 Council Meeting – First Presentation of 2009 documents
September 10, 2008 7pm – review findings E-coli study
1. advertise for refuse & recycling bids
2. find out the status of the canine report not included in police report
3. check on refuse trucks going wrong way Mondays on Lakeside Dr.
4. Attend Sept 10th meeting regarding E-coli study and take presentation/handouts
5. Notify Mr. Eberle of appointment to Environmental Shade Tree Advisory Committee
6. Management to treat Councilman Amidon as they would treat other residents regarding court ruling
7.
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING AGENDA
September 8, 2008
6:30 p.m. Regular Meeting
REGULARLY SCHEDULED MEETING
I. Call to Order of the Regular Council Meeting by Mayor
II. Roll Call: Clifford “Kip” Allen ____, Michael Amidon _____, H. Robert Cannell __, Jean Davis ____, Greg Lucas __, Dennis Travis ____, Mary Ann Horne __ Manager Taras Jemetz _____, Solicitor Marsh _____; and Marie Lander, Assistant to the Manager _____.
III. Approval of Minutes
· Public Hearing Minutes of August 11, 2008
Action Motion to approve minutes
· Regularly Scheduled Meeting of August 11, 2008
Action: Motion to approve minutes
IV. Public Participation –
V. Old Business
1. Finance Committee/Pension Committee/ Negotiation Committee – Jean Davis Chair - Met Sept. 8, 2008 4:00 p.m.
a. Authorization to approve bills to be paid August 25, 2008 $_52,914.33_ and September 8 $ 28,818.51
Action: Motion to approve bills totaling $ 81,732.84_
b. Authorization to approve payroll ending Aug 9 paid August 15, 2008 totaling $ 52,567.08 and payroll ending August 23 and paid August 29, 2008 totaling $ 50,863.61..
ACTION: Motion to approve payroll
2. Ordinance Review Committee –Chair Kip Allen
A. Set up meeting
3. Personnel Committee –Chair Robert Cannell
a) opening Environmental Shade Tree Advisory Committee
Richard Eberle - action
b) opening Planning & Zoning Commission to be advertised (Daryl Parker moved out of the Borough)
4. Public Safety –Chair Mary Ann Horne
5. Recreation/Lake/Environment –Chair Dennis Travis
6. Street, Buildings, and Grounds- Chair Greg Lucas
7. Committee of the Whole
B. Solicitor's Report:
1. Resolution 9-2008 Amendment Policy and Regulations Regarding Inspection Public Records – reviewing
2. Letter of August 28--FYI
C. Management's Report:
1. Manager Jemetz’s Report
A. Easement for Washington Township Sewer Auth & Washington Township – FYI
B. EUP invitation for August 20 – Attended by Manager -FYI
2. Finance:
A. Advertised for CDBG Engineering & Consulting – FYI
B. Advertising time meeting change - FYI
C. Advertisement for Refuse/Recycling Bids - FYI
D. MMO’s approval for 2009 - ACTION
E. CDBG Approval - FYI
3. Personnel
4 Emergency Management
5. EVFD
6. Police-– Monthly Report
7. Employee Safety Committee - Met Sept 12
8. Code Enforcement/Planning/Zoning - REPORT
a) Report
b) Zoning Hearing Board notice for Oct 1, 2008 at 5 p.m.-FYI
c) Resolution for Plan Revision for new land development – ACTION Resolution 17-2008
d) Edinboro Area Historical Society – FYI
9. Public Works
10. Wastewater Collection & Treatment:
a) Letter from Waste Management agreeing to extension Sludge Hauling Contract
b) Resolution 14-2008 – ACTION
c) Notice of Agreement to Extend Contract – authorize Manager to sign in Resolution 14-2008 – FYI
d) Easement Washington Township - FYI
11. Water System
D. Community Liaisons
1. EUP Liaison – Mary Ann Horne
2. Environmental Shade Tree Advisory Committee – Mary Ann Horne
3. Erie County Planning Liaison – Kip Allen or Manager Jemetz
4. EVFD Board Liaison – Michael Amidon – met Sept 4th
5. PLCM – Kip Allen & Manager Jemetz
6. Washington Township Liaison - Greg Lucas alt Jean Davis
7. Authority –Jean Davis alt Greg Lucas met prior this meeting
8. Watershed Association - Mary Ann Horne
E. OTHER OLD BUSINESS:
A. County of Erie Planning – Updates to Erie County Comprehensive Plan – FYI
B.
VII. New Business
A. Set Halloween observance (10/31/08 6-8pm)
B. Penn PRIME Annual Meeting Proxy – ACTION
VIII. Adjournment
2008 EDINBORO BOROUGH COUNCIL MEETINGS 6:30 p.m.
Sept 8, Sept 22, Oct 13, Oct 27, Nov 10, Nov 24, December 8, Dec 22.
©Copyright September 2008