HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
January 27, 2003
Call to Order:
The following Council members were present: Robert Gray, Christopher A. Gillette, Paul Snyder, Jean Davis, H. Robert Cannell and Mayor Caroline Rhodes. Member absent was Mary Ann Horne. Also in attendance was E.R. McFadden, Borough Manager; Solicitor Ritchie T. Marsh; and Marie Lander, Assistant to the Manager. Guests present were Adam Statti; Eric Reinagel, Meadville Tribune; Jason Guigia, Chamber of Commerce; Robert Hanson, Jr;; Jon Foulkrod, Washington Township Liaison; and Nicole Rodgers.
Mayor Rhodes introduced the minutes from the re-organizational meeting held January 6, 2003. Jean Davis moved for approval of the minutes and Robert Gray seconded. The minutes were approved by voice vote of 6-0 with Mary Ann Horne absent. H. Robert Cannell questioned the reasoning why he was on 5 committees last year and only 3 this year and requested be put on the Washington Township and Authority Liaison with Jean Davis. Mayor Rhodes stated she would take this into consideration.
Mayor Rhodes introduced the minutes from the regular Council meeting held January 6, 2003. Jean Davis moved for approval of the minutes and Robert Gray seconded. Paul Snyder questioned why his year end report was not typed in the minutes since he read it. Jean Davis motioned to add the Public Safety Report to the minutes and Paul Snyder seconded. The motion to add the report passed by 6-0 voice vote. The minutes were then approved by a voice vote of 6-0.
Robert Hanson, Jr., 12349 Culbertson Drive, Edinboro. In regards to rental property at 103 Ontario he had requested extension of time to install the meter and backflow system. He had installed three out of four properties owned and was present to plead his case. The Borough had passed an Ordinance for new meters which had no accessory value to residents but was radio read which should reduce cost in the long run for the Borough. This should be a savings for tax mileage and fees. Mayor Rhodes stated it was for the greater protection of the system. Paul Snyder stated it had nothing to do with tax mileage since water was billed by usage only. Mr. Hanson went on to give his thoughts on the back flow preventers. He thought it was mandated by law but it had not been yet. He understood that it was recommended for commercial and industrial properties but not for all. He felt it was very little safety problems for residents. This is their fourth installation and the meter is in a pit along the road and a backflow would not fit in this pit. The expense to move it is a financial burden to them and he understood the Municipal Authority has a right to make their own law requiring this installation. Since there was not that much safety and it would cost two to four thousand dollars to move or relocate the meter from the pit it would be better to give an extension until May 30th, which he felt, was a better time. Water Superintendent Butch Shafer has denied this request and Manager Buck McFadden has agreed. Mr. Hanson stated he was now appealing to the Council to consider his request. Mayor Rhodes stated they considered the timeliness of notifications of the requirement and a number of notices as well as certified mail which was sent out and requested the Manager to inform Council of such. Manager McFadden explained that in the Water Superintendent’s file were several notifications as sent to other residents. Mr. Hanson did do three properties from this notification but failed to date to complete the fourth. He had also received notification from Solicitor Marsh in a form of a certified letter as well as one conversation with him. Moving the location from the pit not unique to this property and some on Lakeside must be put inside buildings or put in pits as well as others doing as they must do. This property service line transits through another property which is between the two property owners. To put it in context as of last week 9 rental accounts are working on the same deadline; 7 commercial including Penn Union; and 15 residential which 3 being snowbirds and disconnected until they are in compliance in the spring. Most will be in compliance by the February 14th deadline. Christopher Gillette asked if he wanted extension to May 31st. Mr. Hanson stated the meter pit must be bigger to fit the backflow and it is for residential not industrial. Paul Snyder asked if the backflow could be located somewhere other than the pit, possibly in the building. Mr. Hanson stated it services four buildings. Manager McFadden stated others have asked and were denied but it is his right to come to Council and ask you also. Some are on payment plans and some asked for extension of time like Penn Union and they were all told no. Mr. Hanson stated he had several options one was a new pit, or move to the boiler room, or meter in pit and separate back flows at each building. He agreed they had sat on it because it was three to four times the cost of the others. He went on to say that he understood that the Borough was not governed by PUC but he had hot water heat. He agreed he had paid for the backflow and meter but just has not installed it. If denied he would abide by the law and have it installed on time. He started to discuss sidewalks on Mill Street and the loss of $5,000 drop in sales at partners business this summer but it was noted that no business was closed or shut down because of the installation of sidewalks. He stated that Erie County Health has had the concept for 25 years but not mandated except for some accounts. Jean Davis noted that our system is a closed circuit water system and if you do not put on the backflow then those who did install the backflow do not have the protection they need. Christopher Gillette noted that he had two weeks left to get the work done. Manager McFadden explained that it was not the most complex installation. Mayor Rhodes stated the consequence would be that water would be shut off until compliance if not installed by February 14th unless given extension to May 31st. Manager McFadden asked if they granted an extension would it be a blanket extension to all those not in compliance at this date. He also asked if a plumber was hired and Mr. Hanson stated no plumber yet but most likely would be Steve Zulovich and he would guarantee it to be done in time. Mayor Rhodes asked if there was a motion to extend the deadline or to support the Managers & Water Superintendents decision. Robert Gray motioned to give extension until March 31st for those on payment plans or had paid and waiting for plumbers. He explained that it is hard on equipment and personnel to work in the snow and cold conditions. Solicitor Marsh explained that Council had adopted the Ordinance properly; notified residents properly; and even sent certified letters that cost hundred of dollars. Water Superintendent is not granting extensions and it is possible that unhappy residents will come next meeting because they complied and you gave this extension and not an extension to them. Solicitor Marsh stated they were all notified as far back as January 2002 of this requirement. Robert Gray’s motion died for lack of a second. Jean Davis motioned to support the Manager and Superintendent of Water by denying this request in respect of the 1400 that has complied with the Ordinance. Being a lack of a second Jean Davis’ motion also died. Paul Snyder requested that Manager McFadden and Water Superintendent Shafer work with Mr. Hanson to come up with the most reasonable way of complying.
Jason Guigra, 211 E. Normal Street. He is interning at the Chamber of Commerce. He requested time to speak about the community maps being made. He felt that it was not best use of the Borough’s resources to mail them to residents but to put them in town at businesses. Manager McFadden explained that the cost of the joint community maps was being paid by advertisers and the Borough was under contract to authorize the project as well as Washington Township. The entire project contracted is to solicit ads, prepare the maps with text jointly prepared, and to distribute. The advertisement rate was structured to include distribution to residents to be paid by advertisers’ fee. Contractual with advertisers and contractual authorized by municipalities. His opinion was they could do nothing else because it would be a contractual problem. The Borough has received $300 donation from Wal-Mart for Council’s discretionary use on this project and they may decided to buy an overrun, additional copies courtesy of Wal-Mart to hand out. H. Robert Cannell stated he had spent two hours this morning working with Washington Township on the combined map and he felt that all would love this map as a sales piece for the community. The company when selling ads did stipulate that they would be in a number of homes and maybe we could get EUP to buy an over run to hand out to students and businesses.
No other persons requesting time to speak the Mayor moved on to old business.
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Committee Reports:
Finance Committee: Chairman Mary Ann Horne – Jean Davis reported that she was late for the meeting but they had reviewed the purchase orders.
Ordinance Review Committee: Chairman Jean Davis - Jean Davis reported that they would be meeting Wednesday January 29th at 9 a.m. to work on codification.
Personnel Committee: Chairman H. Robert Cannell – Mr. Cannell had nothing to report and asked if anyone had applied for the openings on committees. Manager McFadden reported that no applications had been received so far but the openings were advertised.
Recreation, Lake, Environment Committee: Chairman Mary Ann Horne – Nothing to report in Mary Ann’s absence.
Public Safety Committee: Chairman Paul Snyder – Paul Snyder reported that they met January 20th with manager McFadden and Chief Craft for update on tentative discussion with Washington Township regarding contract police service. Washington Township is digesting the information and would contact us with a clearer request. Mr. Snyder stated that a new updated civil service list was needed for potential hiring of police officers every two years. Paul Snyder motioned to authorize the Manager to begin the process of developing a new civil service list. Chris Gillette seconded the motion and it passed by 6-0 voice vote.
Streets, Buildings, & Grounds Committee: Chairman Chris Gillette – Mr. Gillette reported that they would meet February 3rd at 6:30 p.m. to discuss the Municipal building deferred maintenance projects.
Committee of the Whole – Mayor Rhodes reported they met January 13 in executive session in her absence they reviewed the tentative collective bargaining agreement reached with non-uniformed employees. Council member Bob Gray had to leave after discussion began but before Council voted. After discussion, Mary Ann Horne had moved and Bob Cannell seconded to authorize the appropriate Borough Officials to execute the tentative agreement subject to ratification by the unit; the motion had passed unanimously. The unit ratified the tentative agreement on January 15, 2003. This being the first Council meeting after ratification, Paul Snyder motioned to affirm Council’s decision and the action of appropriate officials in executing the tentative non-uniformed collective bargaining agreement. Jean Davis seconded the motion and it passed by 6-0 voice vote.
DEP EHB Docket 2000-125-R decision should be received prior to next meeting.
H.G. Gillespie Foundation – Mayor Rhodes reported she was in contact with the members of the Gillespie Foundation and they were back in action and had hired their own attorney to make sure things were in order. She asked Manager McFadden to inform Attorney James Marsh, Jr. of this outcome. It was noted that 2002 donation was received last week.
Copy of advertisement for consideration of Ordinance 510 regarding joint municipal planning commission in conjunction with Township of Franklin and the Township of Washington was available for comments. Memo from Manager McFadden to Planning Commission Chairman and to Council regarding the proposed commission was available for review. Mayor Rhodes read the purpose of the Ordinance:
“The three municipalities of the Edinboro Lake area have come to recognize that the issues associated with growth and development, such as, but not limited to, traffic congestion, air and water pollution, and loss of open space, should be discussed with adjoining municipalities. The three municipalities further recognize that current growth and anticipated growth, if not properly managed, will lead to the diminution of the areas quality of life. The within municipalities hereby embark on a course of action to create a commission to recommend to the governing bodies of Edinboro Borough, Franklin Township and Washington Township an Edinboro Lake area comprehensive plan for all three participating municipalities in accordance with all applicable sections of the Pennsylvania Municipalities Planning Code.”
H. Robert Cannell asked about the status of the funding formula. Discussion followed on trying to understand what Washington Township was thinking when they did not accept the formula from the draft regarding population and land area. Jon Foulkrod, Washington Township Liaison stated the prevailing thought of Washington Township Council was to tie the formula to governance with equal seats and equal amounts paid. The current way the formula is written died for lack of 2nd. Paul Snyder asked what do we get for what costs? Manager McFadden stated he had asked that a meeting be set up with the consultant on this process; Tom Graney of Erie County Planning to discuss what planning elements will benefit what municipalities. The grant is for approximately $17,000 and the effort approximately $36,000 with our resolution reflecting a contribution of $6,000 by each municipality. Mayor Rhodes stated that Highway Aid and EVFD expenses are all computed with area and population and it is fair. Manager McFadden stated this depends on how the money is spent and who benefits so we need to see the work plan and elements with costs and talk up front on what will be funded. At this point it is difficult to determine benefit and to whom. The first reading is tonight and adoption will be after three reading which are not required by code but is done by our Council. Jean Davis motioned adoption of Ordinance 510 as in the first reading and H. Robert Cannell seconded. The motion passed by the following 5 – 1 role call vote: Paul Snyder, no since he wanted the formula defined for the next reading; Robert Gray, yes; H. Robert Cannell, yes; Jean Davis, yes; Mary Ann Horne, absent; Christopher A. Gillette, yes; and Mayor Caroline Rhodes, yes.
Mayor Rhodes reported she met with Attorney Marsh regarding Policy & Regulations regarding examination, inspection and duplication of public records that had been tabled. She requested that the Manager to put the information on the agenda for the next meeting to discuss.
No new information was available regarding Bulk Water agreement with Washington Township, or ACLU except that the Manager would be meeting regarding the Bulk Water agreement with Washington Township tomorrow..
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MANAGER:
Memo regarding Interim branch library scenario and Community CATV project was available for review. H. Robert Cannell thanked the Manager for his involvement with these two projects and felt that he had done a great job with informing Council with his memos.
Mayor Rhodes introduced the bills for payment. Jean Davis moved approval of the submitted bills totaling $ 64,611.00 dated January 27, 2003 and Robert Gray seconded. With no objections it passed by 6-0 voice vote.
Mayor Rhodes proceeded in acceptance of the payroll as submitted for the period ending January 4, 2003 and paid January 10, 2003 totaling $49,620.80 and the payroll as submitted for the period ending January 18, 2003 and paid January 24, 2003 totaling $52,370.61. Jean Davis motioned approval of the payrolls and Paul Snyder seconded. The motion approving the payroll, overtime reports, and supplemental time sheets passed unanimously by voice vote 6-0.
Memo regarding fiscal software training and memo on finance staff meeting of January 6, 2003 was available for Council’s review.
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PUBLIC SAFETY - POLICE:
Police report for December was available for review. Letters to Washington Township regarding potential contract police service was available for review.
PUBLIC WORKS:
Monthly report and letter to Vaughn Herbel of January 15, 2003 was available for review.
2002-2003 Dock/Lake Report was also available for review.
Receipt of Dam Completion Certification and photographic documentation was received from DEP regarding repair of Edinboro Lake Dam.
WASTEWATER COLLECTION & TREATMENT
Preparation of annual Chapter 94 report in progress.
WATER DEPARTMENT
Monthly report and information regarding backflow – water meter installation was available for review.
COMMUNITY DEVELOPMENT/PROJECT COORDINATION
Monthly report was available for review. Also included was notice of public hearing February 10, 2003 for CDBG.
Community Liaisons:
Jean Davis informed Council that her report on January 13th Water & Municipal Authorities meetings was on their desks. Also available was her report for 2002 regarding Ordinance Review Committee.
Mayor Rhodes stated that they needed a volunteer to replace Chis Gillette on the EVFD Board Liaison since he was not available on Sunday evenings.
Christopher Gillette stated that he would be willing to have Mr. Cannell join him on the Joint Municipal Planning if the mayor desires. The Mayor would take this into consideration when she reworks the assignments to consider Mr. Cannell’s earlier request.
Other Old Business:
Mayor Rhodes noted that there was still openings on the Civil Service Commission, Environmental Shade Tree Advisory Board, and Zoning Hearing Board and they should be re-advertised on the cable station.
Letter from ECATO regarding 2003 schooling was available for review. Also available was letter from Edinboro McKean VFW Post 740 requesting representative from Council to attend a banquet March 15th celebrating their twenty-fifth anniversary year. Bob Cannell stated he would be interested in attending.
Also a letter to Frank Pogue from Manager McFadden was available for review.
New Business:
Being no further business, Mayor Rhodes asked for adjournment.
Paul Snyder and H. Robert Cannell motioned for adjournment and the meeting was adjourned at 8:35 p.m.
ATTEST:
___________________________ _____________________________
Manager E.R. Buck McFadden Mayor Caroline Rhodes
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HIGHLIGHTS
January 27, 2003
· Development of new civil service list
· Affirmed action of appropriate officials regarding execution of non uniformed collective bargaining tentative agreement which was ratified by the unit on January 15, 2003.
· Payment of bills
· Payment of payroll
· Minutes
· First Reading Joint Municipal Planning Commission Ordinance 510 for final reading March 10th (work on formula)
POSTPONED
· Indecency Ordinance 502 - Ordinance Review Committee
· Recreation Committee to schedule meetings to review plans for lake boundary and walk through; and meeting on dock storage options and pickets at park
· Policy & Regulations regarding examination, inspection & duplication of records – until get information on changes from Attorney Marsh
· Bob Cannell’s request to be Liaison for Washington Township and Authorities with Jean Davis.
UPCOMING MEETINGS:
· Ordinance Review Committee - (Indecency Ordinance; & Codification) January 29th 9 a.m. on codification
· Finance Committee – meet Monday February 10th 1:30 p.m.
· Buildings, Streets & Grounds Committee to meet with Public Works Director and Manager to discuss ways to test efficiencies of jobs & building maintenance projects – February 3rd 6:30 p.m.
· Recreation Committee: Meeting on shoreline plantings; alternate dock storage sites.
· February 10th 6:45 p.m. hearing CDBG
· February 10th 5 p.m. Authority meeting
· Manager to call Council when he hears any pertinent information regarding EHB Docket 2000-125 R (DEP)
· Advertise openings Civil Service Commission, Zoning Hearing Board, Environmental Shade Tree Advisory Board. – Make sure on Cable station
· Work with Mr. Hanson & Butch Shafer on best way to install back flows and meter by February 14th
·
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HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
January 27, 2003
Council Meeting
I. Call to Order Council Meeting by Mayor
II. Roll Call:
III. Approval of Minutes:
A. Minutes of Reorganization and Regularly Scheduled Meeting January 6, 2003. ACTION: Motion to approve minutes
IV Persons Requesting Time to Address Council
a)
1. Finance Committee - Mary Ann Horne, Chair – Monday’s 1:30 p.m.
2. Ordinance Review Committee - Jean Davis, Chair – Ordinance Recodification and Public Indecency Ordinance 502 still in committee will meet Wed. 1/29 9a.m. for Codification
3. Personnel Committee – Bob Cannell, Chair. – no report
4. Recreation/Lake/Environment – Mary Ann Horne, Chair - shoreline plantings will be explored with Edinboro Lake Watershed Association
5. Public Safety – Paul Snyder, Chair – committee met 6:30 p.m. Monday, January 20 with Manager McFadden and Chief Craft for update on tentative discussion with Washington Township re: contract police service. Motion to authorize developing new civil service list.
6. Street, Buildings, and Grounds – Chris Gillette, Chair – meet with Public Works Director & Manager regarding audit of efficiency tentative date 6:30 p.m. February 3rd; also begin discussion of Municipal Building deferred maintenance projects.
7. Committee of the Whole - Mayor Rhodes – Council met in Mayor Rhodes absence in executive session with Manager McFadden at 7:00 p.m. Monday January 13 to review tentative collective bargaining agreement reached with non-uniformed employees. Council member Bob Gray had to leave after discussion began but before Council voted. After discussion, Mary Ann Horne moved and Bob Cannell seconded to authorize the appropriate Borough Officials to execute the tentative agreement subject to ratification by the unit; the motion passed unanimously.. The Unit ratified the tentative agreement on January 15, 2003. A vote at this time will enable those absent to join in the record on acceptance of this agreement.
B. Solicitor's Report:
1. DEP EHB Docket 2000-125- R (PADEP Order of May 9, 2000): Nothing new.
2. H. G. Gillespie Foundation – Attorney James Marsh, Jr. is reviewing.
3. Joint Municipal Planning Commission Ordinance – Public Hearing
a.) Edinboro Borough/Franklin Township/Washington Township Municipal Planning Commission.
b.) Proposed Edinboro Borough, Franklin Township, Washington Township Joint Municipal Planning Commission
4. Bulk Water agreement with Washington Township
a.) Letter – Washington Township – January 8, 2003 - FYI
b.) Letter – To Washington Township – January 13, 2003 - FYI
5. Non-compliance residents for water meter/back-flow preventer
6. Policy & Regulations regarding examination, inspection and duplication of public records - tabled.
7. ACLU
C. Manager's Report:
1. Manager
a) MANAGER INSTRUCTED TO:
· Provide Council with copies of Annual Recycling forms when prepared
· Any pertinent information from EHB is received notify all Council members
b) MEMO - Interim branch library scenario-FYI
c) MEMO – Community CATV project - FYI
2. Finance
a) Authorization to Approve Bills, to be paid January 27, 2003
Action: Motion to approve bills $ 64,611.00
b) Authorization to Approve Payrolls
Action: Motion to approve payroll ending January 4, 2003 paid January 10, 2003 totaling $ 49,620.80
Action: Motion to approve payroll ending January 18, 2003
Paid January 24, 2003 totaling $ 52,370.61
c) Monthly Financial Report - 2nd meeting of every month– FYI
d) Fiscal software training - FYI
3. Personnel
4. Public Safety
a) Emergency Management
1) Communication inventory & plan to be included in EMPlan
b) Emergency Medical Service (EMS)
c) EVFD
d) Police
1) Police Reports – 2nd meeting of every month – FYI
2) Letter – Dave Anthony – Potential contract police services - FYI
e.) Employee Safety Committee
5. BOCA/Code Enforcement/Planning/Zoning
a) Monthly Report – 2nd meeting of every month – FYI
6. Public Works
a) Sanitation0
b) Building & Property
c) Streets/Storm Sewers/Signals/Signs
1) Monthly report – 2nd meeting of every month – FYI
2) Letter – Vaughn Herbel – January 15, 2003 - FYI
d) Park & Recreation
e) Lake – Lake Report - FYI
f) Dam - DEP File No. D25-004 – Completed - FYI
g) Recycling Leaves
7. Wastewater Collection & Treatment
a) Preparing annual Chapter 94 Report - FYI
8. Water System
a) Monthly Report – 2nd meeting of every month – FYI
b) Backflow/Water Meters - FYI
9. Community Development/Project Coordination
a) Monthly Report – 2nd meeting of every month – FYI
1. Cable TV - Bob Gray
2. Chamber of Commerce - Mary Ann Horne
3. Environmental Shade Tree Advisory Committee – Mary Ann Horne
4. Erie County Borough – Paul Snyder
5. Erie County Planning Liaison - Chris Gillette
6. EVFD Board Liaison – Chris Gillette
7. PLCM Campus Community – Bob Cannell, Delegate; Chris Gillette, Alternate
8. Washington Township Liaison - Jean Davis
9. Community Map Project – Mary Ann Horne & Bob Cannell –
10. GEAR – Bob Gray
11. Authority – Jean Davis
12. Pension Com – Paul Snyder
13. EUP Admin – Mayor Rhodes
14. PLCM Local Group Liaison – Mary Ann
15. Watershed Association – Caroline Rhodes
16. Joint Municipal Planning – Chris Gillette
E. Other Old Business
1. Opening Civil Service Commission, Environmental Shade Tree Advisory Board, and Zoning Hearing Board in 2003 - advertised
A. Letter from - ECATO SCHOOL 2003 ATT: Secretaries and Supervisors
B. Letter from – Edinboro McKean VFW Post 740
VII New Business
A.
B.
VIII Special Reports
IX Adjournment
REMINDERS:
Ordinance Review Committee: January 29th 9a.m. work on codification
Buildings, Streets, & Grounds Committee – Monday, February 3rd 6:30 p.m.
Finance Committee Meeting on Monday’s 1:30 p.m.
Authority Meeting Monday, February 10, 2003 5:00 p.m.
CDBG Hearings Monday, February 10, 2003 6:45 p.m.
2003 Council Meeting Schedule:
February 10, February 24, March 10, March 24, April 14, April 28, May 5, May 19, June 9, June 23, July 14, July 28, August 11, August 25, September 8, September 22, October 13, October 27, November 10, November 24, December 8 at 7:00 p.m. and December 22 @4.30 p.m.
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