HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
November 24, 2003
Call to Order:
The following Council members were present: Christopher Gillette, Jean Davis, Robert Gray, Mary Ann Horne, Paul Snyder, and Mayor Caroline Rhodes. H. Robert Cannell was not present. Also in attendance was Manager E.R. “Buck” McFadden; Dave Zamierowski, Code Enforcement Officer; Attorney Ritchie Marsh; and Marie Lander, Assistant to the Manager. Guests present were Bob Cogan and Dave Patterson, Washington Township Liaison.
Mayor Rhodes introduced the minutes from the regular Council meeting held November 10, 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 Caroline Rhodes welcomed visitors and asked if anyone was interested in speaking to Council. Being no interest in speaking, the Mayor moved on to old business.
Committee Reports:
Finance Committee: Chairman Mary Ann Horne – Jean Davis reported that she met today and went over the purchase orders and invoices and everything was in order. The department heads had a request to shift funds in their line items for employees cell phone use. They would like the Borough to pay $20 per month to have the employees with Nextel have their phone available all times for communication. After they implement this practice in 2004 they will review the possibility of discontinuing radios.
Budget workshops were held November 11, 17, and 19th but canceled for Nov. 20th. Budget is advertised for action December 22, since time did not allow for 15 day advance notice for the first meeting in December in the Erie Times News as Council requested. Manager McFadden asked for a motion to resolve the unused sick day question for non-uniformed to make it uniform with police prior contract and to authorize appropriate officials to sign the agreement. Robert Gray motioned to accept the final negotiable item which is to have the sick day redemption read “For a full-time employee who separates from employment for reasons other than by termination for just cause, the employer shall purchase said employee’s accumulated sick leave at the rate of Twenty-four Dollars ($24.00) per day.” And authorize officials to sign the agreement. Jean Davis seconded the motion. Discussion followed regarding costs of sick day redemption and how this was an open issue and did not come up because of the health care issue. Manager McFadden recommended accepting this flat rate to be close to the way police. The motion passed by 4-2 voice vote.
Ordinance Review Committee: Chairman Jean Davis. She requested meeting be set to finish up the codification to be scheduled. She also reported that they were working on the Public Indecency Ordinance 502 which is modeled after Summit’s. It should be advertised as being pending before Council.
Personnel Committee: Chairman H. Robert Cannell – nothing to report.
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. Nothing to report.
Committee of the Whole – Mayor Rhodes reported they met in executive session November 17th after the budget workshop regarding DEP EHB Docket 200-125 R and again this evening at 6 p.m. with the attorney discussing the same issue.
DEP EHB Docket 2000-125-R – Order from EHB dismissing appeal was received and the Borough and Authority have 30 days from November 14th to file an appeal if they feel it appropriate. Solicitor Marsh recommended to Council and the Municipal Authority that they appeal the Environmental Hearing Board decision. Paul Snyder motioned and Mary Ann Horne seconded to follow Solicitor Marsh’s recommendations and appeal the Environmental Hearing Board order.
Discussion followed with Jean Davis stated that she felt DEP has made a great noise about the backups when other municipalities do not report or are not expected to report backups in their reports. She felt DEP needed to read their own definitions that support the motion and felt it was not a fair deal to the Borough.
Caroline Rhodes requested time to give the opposite side of the issue. She felt the Borough gave their best shot at the appeal and devoted significant resources and management personnel and was not ambivalent. The ruling supported DEP position and she felt it better to comply with the order and work with DEP which was the EHB momentous decision.
Vote for motion on floor was 5 -1 with Mayor Caroline Rhodes voting against the motion.
Regarding the bulk water agreement with Washington Township the two lawyers have exchanged letters. Attorney Marsh stated he contacted the Township attorney as requested and received a letter back that the Township would meet with the Council without the lawyers. With significant legalese in the document it was felt that Council needed lawyers present to explain. Paul Snyder asked if they could sent a letter to the Township offering to pay for both solicitors at the meeting if they would meet. Christopher Gillette ask Dave Patterson from Washington Township who was present if it was a financial issue. Mr. Patterson stated he could not really speak on the matter but finance was not the issue. That being the case, Paul Snyder motioned to send a letter to Washington Township declining to meet without solicitors present and letting them know that when the Township was ready to sit down with solicitor present they would also meet. Robert Gray seconded the motion and it passed by 6-0 voice vote. Jean Davis requested an invoice from Ritchie Marsh to show the costs to date on this matter.
Borough of Edinboro v. City of Erie there was nothing new to report.
Edinboro Hotel dumpster – Letters to John Mehler, Mr. Allen’s attorney; letter from Attorney Marsh and letter from John Mehler where available for review. Mr. Mehler had requested minutes which has been sent with costs and a signed survey. Ritchie Marsh reported that he received a fax from Jack Mehler today at 1:45 p.m. stating that Mr. Allen was out of town and it was not productive to come without him. He also stated that a check was enclosed for the $15 to the Borough. He also has given me cases he felt supports their position and distinguishable which Solicitor Marsh will speak to him about after he had reviewed all the information from Manager McFadden and review all the cases that Jack Mehler list. We will also give him the research we have done since the cases he quotes are 1919 and 1974 while we have one from 1993 backing our position. Their best argument is that our survey is wrong. After more discussion the Mayor requested that the problem be cleared up before the end of the year. Attorney Marsh stated he had no problem letting Mr. Mehler know they need to be here for the December 8th meeting.
MANAGER:
Manger McFadden stated he would be meeting with EVFD and Dave Anthony regarding paying portion of EVFD auto insurance in 2004.
Thank you to Naomi Johnson from EUP for the police assistance for Homecoming was also available for review.
The rewording of the dumpster related ordinance 514 was available for action. Jean Davis motioned and Christopher Gillette seconded the adoption of ordinance 514 as presented. Christopher Gillette stated he liked the wording but wondered why professional was omitted and workmanlike was added. Manager McFadden stated he was going by maintenance ordinance to be general. Robert Gray asked when it would be required to be in place. Discussion followed regarding what was agreed to for a date at a prior meeting with businesses and it was agreed to have the end of May. Jean Davis agreed to change her motion to include the revision of adding professional and date to begin as June 1, 2004 as follows:
ORDINANCE NO. 514
Chapter 20
AN ORDINANCE OF THE HOME RULE BOROUGH OF EDINBORO AMENDING SECTION 20-6-4 OF ORDINANCE NO. 506.
WHEREAS, Council of the Home Rule Borough of Edinboro has received and considered comments by the public concerning Section 20-6-4 of Ordinance No. 506, enacted December 2, 2002; and
WHEREAS, pursuant to consideration of said comments by the public, Borough Council desires to amend Section 20-6-4 of Ordinance No. 506.
NOW, THEREFORE, BE IT ORDAINED by Borough Council assembled this 24th day of November, 2003, that Section 20-6-4 hereby is amended as follows:
This Ordinance shall take effect pursuant to law June 1, 2004 upon passage.
Robert Gray seconded and discussion continued. Mayor Caroline Rhodes stated for the record that she had a problem with the list of topics for options to paint the dumpsters instead of screening and was against the ordinance. Being no further comments the roll call was taken: Mary Ann Horne, yes; Paul Snyder, no; Robert Gray, yes; H. Robert Cannell, absent; Jean Davis, yes; Christopher A. Gillette, yes; and Mayor Caroline Rhodes, no. The Ordinance passed by 4-2 roll call vote.
It was noted that the Public Indecency Ordinance used by Summit is being revised for the Home Rule Borough of Edinboro and would be in the next packets.
Mayor Caroline Rhodes introduced the bills for payment. Jean Davis moved approval of the submitted bills totaling $ 43,803.59and Mary Ann Horne seconded. With no objections the motion to approve bills passed by 6-0 voice vote.
Mayor Rhodes proceeded in acceptance of the payroll as submitted for the period ending November 8, 2003 and paid November 14, 2003 totaling $52,560.63. Jean Davis motioned approval of the payroll and Mary Ann Horne seconded. The motion approving the payroll and overtime passed unanimously by voice vote 6-0.
POLICE:
Police monthly report and new canine report was available for review. The computerized program keeps track of the dogs progress.
BOCA CODE/PLANNING/ZONING:
Monthly report was available for review. Also available was public notice for Zoning Hearing Board hearing.
PUBLIC WORKS:
Monthly report was available for review.
WATER SYSTEM:
Monthly report was available for review. Jean Davis questioned items six and seven regarding work because of breakage by contractors Frank Tucci and Wynn Woods. Manager McFadden would look into these and see if they were bill able items.
Community Liaisons:
Joint Municipal Planning: Christopher Gillette reported they met November 12th and are doing further reviews of surveys. Meeting in January will be with new people and they are just working on surveys until then.
Environmental Shade Tree Advisory Committee - Mayor Rhodes asked Mary Ann Horne about the memorial tree policy. Ms. Horne reported she thought it was suppose to be on the desks tonight and she would make sure it was in the packets for next meeting.
Other Old Business:
Information regarding dumpster painting was available from Lorie Bearfield for review.
Communications:
NEW BUSINESS:
Mayor Rhodes requested the Manager get a copy of the new law on mergers and consolidations that Senator Jane Earll had written to her about.
Mayor Rhodes reported she received a letter from Michael Bucell and Cynthia Legin-Bucell regarding the construction on 6N. Mayor Rhodes also passed out a draft letter in response to this letter to be available for future comments.
Letter to Representative Evans regarding Municipal Public Service and Safety Fee and letters to Senator Jane Earll and Representative John Evans regarding Act 339 were also available for review.
Mayor Rhodes reported she received a fax from the Western Conservancy regarding a supportive letter from the Council for the Coho Park at Lake Erie. She asked if Council would like to have a letter written on their behalf as was done by Washington Township.
Mayor Rhodes also turned over information she received from PLCM regarding pensions to Manager McFadden for his review.
Being no further business, Mayor Rhodes asked for adjournment.
Robert Gray motioned for adjournment and the meeting was adjourned at 8:30 p.m.
ATTEST:
__________________________ _____________________________
Manager E.R. Buck McFadden Mayor Caroline Rhodes
HIGHLIGHTS
November 24, 2003
· Payment of bills
· Payment of payroll
· Ordinance 514 - dumpsters
· Advertise budget
· Approved non uniform wording in contract
· Authorize Solicitor to appeal EHB ruling on our appeal of order
· Send letter to Washington Township regarding bulk water agreement
·
POSTPONED
· Indecency Ordinance 502 - Ordinance Review Committee
· Grease Ordinance – Ordinance Review Committee
· Codification – Ordinance Review
· Building renovations; bathhouse; storm sewers – Building, Streets, & Grounds Committee
·
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.
· Authority Meeting – December 8th 5 p.m.
· CDBG Hearing January 26, 2004 6:45 p.m.
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
November 24, 2003
7:00 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:
· Minutes of Regularly Scheduled Meeting November 10, 2003.
Action: Motion to approve minutes
IV Persons Requesting Time to Address Council
1. Finance Committee - Mary Ann Horne, Chairperson
a) Budget workshop 11/11, 11/17, 11/19
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
4. Recreation/Lake/Environment – Mary Ann Horne, Chairperson
5. Public Safety – Paul Snyder, Chairperson
6. Street, Buildings, and Grounds – Chris Gillette, Chairperson –
7. Committee of the Whole - Mayor Rhodes – Met in executive session November 17th following Budget Workshop regarding DEP EHB Docket 2000-125-R
B. Solicitor's Report:
1. DEP EHB Docket 2000-125- R (PADEP Order of May 9, 2000): Executive session
2. Bulk Water agreement with Washington Township
a) Letter Nov 14 from Attorney Marsh
b) Letter Nov 12 from Attorney Burroughs
3. Borough of Edinboro v. City of Erie - Nothing new to report
4. Edinboro Hotel dumpster
a) Letter to John Mehler
b) Letter From Attorney Marsh
c) Letter from John Mehler
5.
C. Manager's Report:
1. Manager instructed to:
a) meet with Ordinance Review regarding sign ordinance & admin section
of recodification
b) add EUP calls to EVFD data 1999-2003
c) Thank you EUP for police assistance for Homecoming
d) Reword Ordinance regarding dumpsters for Nov 24th meeting
e) Advertise Ordinance 502 Public Indecency Ordinance
f) Work with Planning & Zoning Commission on revising Zoning Ordinance
2. Finance
a) Authorization to approve bills to be paid
Action: Motion to approve bills totaling $43,803.59
b) Authorization to approve payroll
Action: Motion to approve payroll ending November 8, 203, paid November 14, 2003, totaling $52,560.63
c) Authorize advertisement for budget adoption and tax ordinance
3. Personnel
a)
4 Public Safety
a) Emergency Management
b) Emergency Medical Service (EMS)
c) EVFD
d) Police – Monthly Report
e.) Employee Safety Committee –.
5. BOCA Code/Planning/Zoning - Monthly Report
a) Zoning Hearing public notice - FYI
6. Public Works – Monthly Report
a) Sanitation
b) Building & Property
c) Streets/Storm Sewers/Signals/Signs
d) Park & Recreation
e) Lake
f) Dam
g) Recycling Leaves - continuing
7. Wastewater Collection & Treatment
8. Water System – Monthly Report
9. 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 - Met November 12, 2003
16. Library Steering Committee – Manager McFadden
Other Old Business –
A. dumpster screening requirements – Ordinance 514
1) Lorie Bearfied – Information regarding dumpsters
A. Ihor Bemko – appointment to Zoning Hearing Board - FYI
B. Dr. Robert Halmi – From Mayor Rhodes – FYI
C. D. Solensky, EMTA – FYI
D.
VIII. New Business
A.
VIII. Adjournment
REMINDERS:
Finance Committee Meeting November 24 1:30 p.m.
Next Council Meeting Monday, December 22, 2003 4:30 P.M.
2004 Council Meeting Schedule:
January 5, January 26, February 9, February 23, March 8, March 22, April 12, April 26, May 10, May 24, June 14, June 28, July 12, July 26, August 9, August 23, September 13, September 27, October 11, October 25, November 8, November 22, December 6 at 7:00 P.M.
and December 20 at 4:30 P.M.
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