HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
November 10, 2003
Call to Order:
The following Council members were present: Christopher Gillette, Jean Davis, H. Robert Cannell, Mary Ann Horne, Paul Snyder, and Mayor Caroline Rhodes. Robert Gray was not present but had called that he would be in shortly. Also in attendance was Manager E.R. “Buck” McFadden; Dave Zamierowski, Code Enforcement Officer; and Marie Lander, Assistant to the Manager. Guests present were Bob Cogan; Jen Duda, Erie Times; Joh Foulkrod, Washington Township Council Liaison; Michael Zahorchak, Kate Zahorchak, George Shimpeno, Diana Shimpeno, Bill Weber, Claudia Thornburg, Renee Thayer, mark Wickenheizer, Nancy Crawford, and Ken Sturm.
Mayor Rhodes introduced the minutes from the CDBG Hearing held October 27, 2003. Jean Davis moved for approval of the minutes and Mary Ann Horne seconded. The minutes were approved by a voice vote of 6 – 0.
Mayor Rhodes introduced the minutes from the regular Council meeting held October 27, 2003. Mary Ann Horne moved for approval of the minutes and Jean Davis seconded. The minutes were approved by a voice vote of 6 – 0.
Mayor Caroline Rhodes welcomed visitors and asked if anyone was interested in speaking to Council.
Bill Weber, Shelhamer Circle. Mr. Weber stated he attended a meeting about Shelhamer Drive and Shelhamer Circle and after the third meeting he learned that it maybe redone in three years. After much investigation he stated he learned that the road was built in 1978 (25 years ago) and had not been repaired only patched. The manhole covers have been cut out and replaced making the road worse and he did not feel this was acceptable. He hoped they would be coming up this coming summer. Mayor Caroline Rhodes explained the schedule for paving was done through Tom Schruers, Public Works Director and the Manager. The schedule is determined by the available liquid fuels funds in the budget. A portion of these funds are used for streetlight electricity and equipment replacement and therefore funds must be spread over a period of time. The reason for not being repaved is strickly related to budget and not unfairness to anyone. Tom Schruers knows which ones need it and we hope to be able to fund more repairs in next years budget. Manager McFadden stated that 20 -25 years is what a street design is suppose to last, but he agreed that 25 years was the outer limit. Budget issues that we are discussing in workshops may bring more funds available to work on streets if they are completed by WWCT department. It is understandable we will not pave and then tear up for sewer maintenance. Manager McFadden agreed to speak to Public Works Director to see if it will be on next years schedule. Mr. Weber asked to also be able to publicly thank Dave Zamierowski for his impressive work on Shelhamer Drive.
Renee Thayer, 188 Erie Street. Ms. Thayer presented Council with a letter that she read regarding her concerns about the cinderblock building on Route 6N and Plum Street which is to be the future business of “Movie Gallery”. “I am concerned for the future development of the downtown borough area. I have invested a great deal of time and money into 188 Erie Street maintaining the integrity of my building to keep with the surrounding shops and the essence of the community. Some of the buildings may not be as easily maintain and require rebuilding as owners see fit. However, I understood the planning board and zoning officer were in place to protect and maintain the downtown area as it stands. To allow an existing building to be replaced with a windowless, cinderblock building without any regard to the beautification the borough and the merchants have invested in is an outrage. Couple this with the past discussions over garbage dumpsters and I personally question what the borough wants for itself. IF it is the Borough’s prerogative to state where our dumpsters go, then it is also the right of the Borough to dictate what new buildings are to look like to keep our downtown area moving in a forward direction to achieve our goals.” She went on to ask that if the building was within the zoning and building ordinance then it was time to review the ordinances and revise them to reflect the overall future goals of the community. She also volunteered to participate on any committee studying this subject. Even if it only had windows it would look better than a XXX Theater.
Claudia Thornberg, Chamber of Commerce executive. Ms. Thornberg stated that she had brought up at a different meeting about what if something was torn down and they wanted to put up a aluminum siding building. We also talked about Geneva on the Lake and how Council members appreciated the look of the downtown. We need to do new zoning ordinance to make the downtown look better.
Mark Wickenheizer, 302 W. Plum Street. Even Taco Bell has day lilies but no landscaping at this location. It even blocks Coldwaell Banker building. They have placed a sidewalk along Mill Street but it doesn’t attach to 6N it just goes up to their front door. What about wheelchair access.
Diana Shimpino, Beech Street. Do we have a sign ordinance and will it block the street.
Mayor Rhodes stated Council also has heard comments but the owners did not have to come to Council to have their plans approved. Code Enforcement officer Dave Zamierowski worked with them to follow our ordinance. The property owners have a right to build. She opened the discussion to other Council members and then to Dave Zamierowski to respond to public participation.
Robert Gray stated the shade, material used, and the cinder block look, he had nothing against just the size didn’t look right in that location. Mayor Rhodes stated the set back requirements for business district is zero.
Dave Zamierowski stated that regarding landscaping they have agreed to two European Hornbeans to be planted out front and also grass. They are commercial and the ordinance has zero set back but they have gone 16 feet back. Regarding handicap they will have a ramp and two handicap parking spots and it meets labor and industry standards for the building. The face is 4” split face brick not cinder blocks with 2 x 6 walls and 8” slab build very well. Signage can be up to 60 sq ft or 2 sq ft running footage. It is a video store which is a major chain and specifics can be found on www.moviegallery.com. They will be building also in Franklin and Clearfield. It is run by local people which the chain leases the store. It is not a triple X theater and there will be no booths within. It has 4000 sq ft of movies space on the walls which is all acceptable to our ordinance.
Kate Zachorchak, 601 Lakeside Drive. Mrs. Zachorachak felt Council was sleeping at the switch to let such a building be built in their Borough. Are they using local contractors. Mr. Zamierowski stated that the contractors where form State College. Ms. Zachorchak went on to stated she felt their was conflicts with management not being residents of the borough. Things like this do not matter to persons out of town like the owner of this new building with no windows. It has no windows so when you drive by no one knows who is inside. Mayor Caroline Rhodes stated that they fill positions from advertising and reviewing applicants that qualify without discriminating. If we filled positions with only Borough residents we would not be able to fill many positions. Mrs. Zachorchak went on to say that in Allegheny County they require people to be within the County and a few other towns do this also. Jean Davis stated that this has been found unconstitutional.
Mark Wickenheizer, 302 W. Plum Street. If the but end of building was not allowed to be in front it would be inline with the rest of the street. No one has a front facing the back of the building and why would this be perceived as good zoning move. Mayor Rhodes stated we did not plan or design the building this is done by the property owners who are allowed to build what they feel fits. If Edinboro would like more they can use more specific zoning than currently used. Seventy signed not to have the government interfere with property owners choice of dumpsters. If you don’t want the business here you can just not patronize it. Mr. Wickenheizer again stated the plan didn’t take into account the rest of the street.
Julie Marchese, Washington Township resident and business owner in the Borough. When the Burger King went in didn’t they have to make changes to give harmony in the community. Mayor Caroline Rhodes stated that there was a controversy on the drive thru. Jean Davis stated they bartered with them but did not force them to change. Julie Marchese asked why didn’t you barter here with this block building. This is huge wound that will have to have a bandage the rest of life.
Kenny Sturm, 4078 Parkway Drive Washington Township. Mr. Sturm stated he had an Edinboro address and took pride in Edinboro. This place has 1,000 stores and is the third largest absorbing mom and pop stores. He also spoke for Greg Ropp who owns Pop Ropps Video only 20 feet form the new store. It is ugly, unnecessary, has no building permit on site, contractors are rude and say it is a porn shop. It needs to have new permit to alter and why is it so close to the road way. Dave Zamierowski stated it had a permit on the door. Greg Ropp has come in to view the plans and permit. Manager McFadden asked if Mr. Zamierowski had refused anyone from seeing the permit. Dave stated no.
Renee Thayer, 118 Erie Street. Stated she moved here to make her home form a big city. She had seen small city pull together and tell other businesses how to build by reviewing the ordinance because big corporations will come when others move on.
Nancy Crawford, 202 Elm Street. When was changes made and how do we change the current ordinance. Mayor Rhodes stated that the Planning & Zoning Commission meet monthly and the ordinance is from 1993 which they can review and give recommendations to Council for updating. There would be hearings for public input.
H. Robert Cannell expressed concern when he saw the building going up and he did not know what to believe. He stated he reviewed the ordinance and there was nothing they could do but he highly recommended reviewing the ordinances. Mary Ann Horne also stated she spoke to Dave Zamierowski and Manager McFadden about the building but asked about landscaping and trees in front when they did not have to do that but they agreed to plant two trees. Jean Davis stated that this is the most difficult thing we do because we have no control over it. We could of changed ordinance earlier, we can’t do historic zoning because we have a hodgepoge and not historic buildings, and in the United States property owners have rights, who every would guess someone would build their building backwards on the main street. Christopher Gillette stated it is too late for this building but it should be sent to Planning and Zoning for review. He had built buildings like Walmart in this fashion but they are dressed up. It was recommended to make sure costs were in the budget for review of ordinance and public hearings.
Bob Cogan, 311 Water Street. He felt it was right not to patronize this place. How about ivy grown on surface or some other vegetation. Renee Thayer asked if local garden club could take it on and plant it. Mary Ann Horne stated that would only be possible if the owner requested it because it is private property.
Paul Snyder motioned and H. Robert Cannell seconded to direct the Planning and Zoning Commission to review the Zoning Ordinance and report back to Council their recommendations and changes if any. The motion passed by 7-0 voice vote.
Committee Reports:
Finance Committee: Chairman Mary Ann Horne – Ms. Horne reported they met in budget workshops November 3rd and November 6th and would meet tomorrow night again.
Ordinance Review Committee: Chairman Jean Davis. She requested meeting be set to finish up the codification. She also wanted to get started on the Public Indecency Ordinance 502. Manager McFadden stated they should advertise the ordinance is pending before Council which would address the apprehensiveness feelings of the community. Permit already allows structure some characteristics and permitted use at this time and if we act in a timely fashion it will give assurance to our community. Jean Davis motioned and H. Robert Cannell seconded that the ordinance be advertised as discussed by the Manager.
Personnel Committee: Chairman H. Robert Cannell – Mr. Cannell motioned to appoint Ihor Bemko as alternate to the Zoning Hearing Board and Jean Davis seconded. With no objections the motion passed by 7-0 voice vote. Paul Snyder wanted it noted that they had interviewed Mr. Bemko when another opening had come up and he was willing to help in this capacity.
Recreation/Lake/Environment: Chairman Mary Ann Horne –nothing to report.
Public Safety Committee: Chairman Paul Snyder –nothing to report.
Streets, Buildings, & Grounds Committee: Chairman Chris Gillette. It was noted that they met with Roth Marz Partnership October 28th regarding the municipal building projects and the bathhouse. He would be getting back to us on changes requested and a preliminary budget to get started on the bathhouse.
Committee of the Whole – Mayor Rhodes reported they met in executive session November 3rd at 6 p.m. to discuss public safety issues with the Chief of Police.
DEP EHB Docket 2000-125-R; Bewley; and Borough of Edinboro v. City of Erie there was nothing new to report.
Regarding the bulk water agreement with Washington Township a letter was sent by the Solicitor to Paul Burrough, Washington Township solicitor to have a meeting of Council and solicitors. Joh Foulkrod that Washington Township was in favor of meeting without solicitors. Mayor Rhodes stated it was important in discussing contracts that the solicitor be involved. Mr. Foulkrod stated the issues were dollars and others. He had made motion to meet and knew it would not pass if solicitors were included. Council would wait until they received the letter form Washington Township and then as committee of the whole would give input before or after one of the budget workshops.
Billings Park documentation from Attorney Marsh was received finalizing the transfer. Mayor Rhodes requested the Manager send a letter to Edinboro Lakeside Association thanking them.
H. Robert Cannell asked about the DEP EHB being over 14 months and wondered if there was anything they could do legally. Can we contact DEP; Judge; or legislators and are we holding up any projects. Manager McFadden stated they were not holding up the Borough. Some building in Borough is held up on 6N West and maple Drive approximately 6 lots from back in FY2000. Legislatures would not do anything while in legal process. We have contacted DEP. Our solicitor contacted attorney of DEP to inquire the status of the judge but DEP declined to do this. Our solicitor fells it is inappropriate to approach the court by one party it should be only done by both.
MANAGER:
Available for review was letter to William Kearns regarding Our Lady of the Lake church on Maple Drive; University Community Network; and Edinboro Lake Restoration from Solicitor Marsh. Discussion on the University Community Network letter followed with the Mayor asking Council to consider participating at a cost of $12,500 which would need to be added to budget. This cost study may lead to improvement in costs of hosting Universities. List of items to be studied and investigated by the PA Economy League were also available for review. H. Robert Cannell felt that everyone knew the financial condition of the Borough because of being university host and felt they should actively participate in the study. Jean Davis asked if this was the same study previously discussed that the University would not share in the costs. Manager McFadden stated it was. This would be discussed further in budget workshops.
Mayor Caroline Rhodes introduced the bills for payment. Mary Ann Horne moved approval of the submitted bills totaling $ 135,769.41and Jean Davis seconded. With no objections the motion to approve bills passed by 7-0 voice vote.
Mayor Rhodes proceeded in acceptance of the payroll as submitted for the period ending October 25, 2003 and paid October 31, 2003 totaling $52,832.69. H. Robert Cannell motioned approval of the payroll and Mary Ann Horne seconded. The motion approving the payroll and overtime passed unanimously by voice vote 7-0.
PERSONNEL:
Mayor Rhodes received letter form the Edinboro University regarding two employees helping with the RAKE program.
PUBLIC WORKS:
Mayor Rhodes asked the Manager about the dam inspection done by the engineer. Manager McFadden stated that everything was alright.
Community Liaisons:
Authority - Jean Davis reported they met today at 5 p.m. They welcomed John Snyder as their new members. Water Authority learned that Butch Shafer, Superintendent of Water spent two days mandated by DEP on vulnerability on water systems. Lake Engineering also attended and a report is needed in 2004. The Municipal Authority reported that the copper readings were good and that Schreiber would be doing the repairs to the airline under the tank this week.
Robert Cannell informed Council that a new system was started and the program was listed on bottom of screen instead of separate channel. Chris Gillette stated he liked it better the other way.
Other Old Business:
Mayor Rhodes asked for a motion to remove the dumpster screening ordinance from the table for discussion. Jean Davis motioned and Mary Ann Horne seconded and the motion passed by 7-0 voice vote. After much discussion it was agreed to have the Manager reword the ordinance showing that they could paint if it was not feasible to screen and present it for action at the next Council meeting.
Communications:
NEW BUSINESS:
Council authorized advertisement of 2004 council meeting dates. Mayor Rhodes directed the Manager to send letters to committee members up for reappointments in 2004 informing them of the intent of Council to reappoint them in January giving them time to decline if they wish.
Being no further business, Mayor Rhodes asked for adjournment.
Paul Snyder motioned for adjournment and the meeting was adjourned at 8:50 p.m.
ATTEST:
__________________________ _____________________________
Manager E.R. Buck McFadden Mayor Caroline Rhodes
HIGHLIGHTS
November 10, 2003
· Payment of bills
· Payment of payroll
· Planning & Zoning Commission to review Zoning Ordinance
· Appointed Ihor Bemko as alternate for the Zoning & Hearing Board with term to end 2/10/2006
· Approve dates for 2004 meetings
·
POSTPONED
· Indecency Ordinance 502 - Ordinance Review Committee
· Grease Ordinance – Ordinance Review Committee
· Codification – Ordinance Review
· Building renovations; bathhouse; storm sewers – Building, Streets, & Grounds Committee
· Dumpster screening and alternative - ORDINANCE 514
UPCOMING MEETINGS:
· Building, Streets, & Grounds – Storm sewers, building renovations
· Ordinance Review Committee - (Indecency Ordinance & Sign Ordinance & Codification & Grease Ordinance)
· Finance Committee – Monday’s 1:30 p.m.
· Budget Workshops Nov 11, 17, 19th at 6 p.m.; November 20th at 3 p.m.
· Authority Meeting – December 8th 5 p.m.
· CDBG Hearing January 26, 2004 6:45 p.m.
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
November 10, 2003
7:30 P.M. Council Meeting
I. Call to Order of Council Meeting by Mayor
II. Roll Call: Christopher Gillette ___, Robert Gray ____, Jean Davis ____, H. Robert Cannell _____, Mary Ann Horne ____, Paul Snyder ____, Mayor Caroline Rhodes ___, Manager McFadden ____, Solicitor Marsh __
III. Approval of Minutes:
A. Minutes of CDBG Hearing October 27, 2003.
Action: Motion to approve minutes
B. Minutes of Regularly Scheduled Meeting October 27, 2003.
Action: Motion to approve minutes
IV Persons Requesting Time to Address Council
1. Finance Committee - Mary Ann Horne, Chairperson
a) Budget workshop 11/3 notes - FYI
b) Budget workshop 11/6 notes - FYI
2. Ordinance Review Committee - Jean Davis, Chairperson – CODEFICATION, Grease Ordinance, Sign Ordinance and Public Indecency Ordinance 502 are still in committee
3. Personnel Committee – Bob Cannell, Chairperson
a. Advertised for additional alternate for ZHB due to resignation of Jean Bennett – Ihor Bemko interested
4. Recreation/Lake/Environment – Mary Ann Horne, Chairperson
5. Public Safety – Paul Snyder, Chairperson
6. Street, Buildings, and Grounds – Chris Gillette, Chairperson –
a. Storm sewers including Granada Drive;
b. met with Roth Marz Partnership October 28 regarding municipal building projects and bathhouse
7. Committee of the Whole - Mayor Rhodes – Met in executive session November 3rd at 6 p.m.
B. Solicitor's Report:
1. DEP EHB Docket 2000-125- R (PADEP Order of May 9, 2000): no information
2. Bulk Water agreement with Washington Township
3. Borough of Edinboro v. City of Erie - Nothing new to report
4. Billings Park – finalized - FYI
5. Bewley – nothing to report
C. Manager's Report:
1. Manager instructed to:
a) notify all Council members if any pertinent information from EHB is
received
b) meet with Ordinance Review regarding sign ordinance & admin section
of recodification
c) add EUP calls to EVFD data 1999-2003
d) meet with residents on Granada Drive about storm sewers and/or swales
2.
a)
3. Finance
a) Authorization to approve bills to be paid
Action: Motion to approve bills totaling $135,769.41
b) Authorization to approve payroll
Action: Motion to approve payroll ending October 25, 203, paid October 31, 2003, totaling $52,832.69
3. Personnel
a)
4 Public Safety
a) Emergency Management
b) Emergency Medical Service (EMS)
c) EVFD
d) Police – Monthly Report
e.) Employee Safety Committee –.
6. BOCA Code/Planning/Zoning - Monthly Report
7. 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 - continuing
8. Wastewater Collection & Treatment
9. Water System – Monthly Report
10. Community Development/Project Coordination
D. Community Liaisons
1. Cable TV - Bob Gray
2. Chamber of Commerce - Mary Ann Horne
3. Environmental Shade Tree Advisory Committee – Mary Ann Horne (working on memorial tree policy)
4. Erie County Borough – Paul Snyder
5. Erie County Planning Liaison - Chris Gillette
6. EVFD Board Liaison – Bob Cannell
7. PLCM Campus Community – Bob Cannell, Delegate; Chris Gillette, Alternate
8. Washington Township Liaison - Jean Davis
9. GEAR – Bob Gray
10. Authority – Jean Davis
11. Pension Committee – Paul Snyder
12. EUP Administration – Mayor Rhodes
13. Local Group Liaison – Mary Ann
14. Watershed Association – Caroline Rhodes
15. Joint Municipal Planning – Chris Gillette - Meet November 12, 2003 at 7:00 P.M.
16. Library Steering Committee – Manager McFadden
Other Old Business – discuss dumpster screening requirements
A. Robert N. Halmi, DDS – Letter of November 5th.
B. Letter to John Mehler regarding dumpsters Edinboro Hotel – FYI
C.
VIII. New Business
A. Committee members up for reappointment in 2004 – list and draft letter
B. Dates to consider for 2004 Council Meetings to be advertised
C. Holiday Gathering 2003
VIII. Adjournment
REMINDERS:
Finance Committee Meeting November 10 1:30 p.m.
Budget Workshops Nov 11 @ 6pm; Nov 17 & 19th @ 6pm; Nov 20th @ 3 p.m.
Next Council Meeting Monday, November 24, 2003 7:00 P.M.
Joint Municipal Planning Commission Wednesday, November 12th 7:00 P.M.
2003 Council Meeting Schedule:
November 24, December 8 at 7:00 P.M.
and December 22 at 4:30 P.M.