HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
March 10, 2003
Call to Order:
The following Council members were present: Robert Gray, H. Robert Cannell, Paul Snyder, Christopher A. Gillette, Jean Davis, Mary Ann Horne and Mayor Caroline Rhodes. Also in attendance was E.R. McFadden, Borough Manager and Dave Zamierowski, Code Enforcement Officer. Guests present were Claudia Thornburg, Robert Cogan, Nancy Crawford, and Jon Foulkrod.
Mayor Rhodes introduced the minutes from the regular Council meeting held February 24, 2003. Robert Gray moved for approval of the minutes and Mary Ann Horne seconded. The minutes were approved by a voice vote of 6-0 -1 with Christopher Gillette abstaining because of absence at the February 24th meeting.
Claudia Thornburg, 5241 Tarbell Road, Edinboro Area Chamber of Commerce. I am here tonight to ask a couple questions and request about zoning and ordinances. Public hearing about new building commercial property with second floor housing. Was about 15 people against this change that was accepted by Zoning Hearing Board. I heard that Council was reviewing ordinances. Caroline Rhodes stated they were codifying ordinances. How does person give suggestions on ordinances? How long is process of codifying or how often it is done. I purchased 1992 ordinances and that was basically up to date except for dumpster ordinance. My concern is the designated downtown business district. Does need parking appearances changes, etc. Piece property main street allowed new building and another apartment and only require 2 parking spaces. Parking is a premium downtown. People will not stop and shop if there is no parking available. We have lot over here were mailbox is and apartments are using should we consider another parking lot, charging for parking, etc. Have parking in back of business but fire hydrant in front so she looses 5 spaces. If there was 15 minute parking or permit parking. Ordinance review committee can check that but Mayor Rhodes had no knowledge of every being permit parking in the Borough. Ms. Thornburg thought maybe the only option is a parking garage. Comments that Borough has changed in the last 5 years and new businesses and appearances helping. Signs of business need to think about those that leave the signs should come down. The appearances of businesses may need to be considered. Mayor Rhodes stated that her comments would be considered in Ordinance Review committee. Jean Davis felt that we can not mark tires and check for time parking with the number of officers we have at the present time. Bob Cannell stated that at 9-9:30 am and the parking places already filled. Someone using and maybe 2 hour parking prior to business opening.
Nancy Crawford, 202 Elm Street. Asked about status of traffic light on 6N requested last meeting. Bob Gray stated that Building, Streets, & Grounds has reviewed and requested PennDOT Manager McFadden stated they would be meeting with PennDOT people in April to talk about options.
Being 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 reported they met today to reviewed purchase orders and Bank 1 financial is general fund; 6 water; and 8 sewer. Reports in packet are the wrong reports and Finance Committee has reviewed what reports mean. Our comment regarding invoices is that the $800 handicap door downstairs needed repairs and failed. $6,835 is insurance cost for EVFD vehicle insurance which we pay the full amount while the workers comp insurance is shared by other municipalities serviced by the EVFD. We mentioned this before and the Fire Department was to explore this option of sharing costs.
Ordinance Review Committee: Chairman Jean Davis - Jean Davis reported they finished several chapters and will send them on to PennsValley. They met March 5th and March 7th and will meet March 11, Tuesday, at 9:30 a.m. to continue with ordinance recodification.
Personnel Committee: Chairman H. Robert Cannell nothing to report but my concern that was made last meeting about people to serve on commissions. Are we or are we not allowed to ask people to serve. Mayor Rhodes stated that Council are encouraged to ask volunteers to serve.
Recreation, Lake, Environment Committee: Chairman Mary Ann Horne
Public Safety Committee: Chairman Paul Snyder nothing to report. Plan meeting on March 12th at 6:30 p.m.
Streets, Buildings, & Grounds Committee: Chairman Chris Gillette
Committee of the Whole Mayor Rhodes nothing to report. Meeting for March 31, 2003 to discuss financial audit of 2002.
DEP EHB Docket 2000-125-R nothing new to report.
Mayor Caroline Rhodes discussed that Joint Municipal Planning Ordinance 510 that was tabled last time and request it stayed tabled while discussions continue with Washington Township. Manager McFadden stated the issue is the proposition of the Joint Planning Commission by Washington Township where the composition stands and they plan at their March 19th meeting to readvertise and then act on it the following meeting. We are awaiting their enactment and are ready to accept the version before us.
Revised draft of Bulk Water agreement was in the packets for review. Mayor Rhodes stated there are points to look at we did that changes are present. Bob Cannel asked what the status is. Is this what Manager McFadden and Butch Shafer, Water Superintendent has agreed upon. Manager McFadden stated this is the agreement that has been revised with points the Township asked us to look at and defined and draft is what Solicitor Marsh, Butch Shafer, and myself recommend and the Water Authority this afternoon has agreed to present to Washington Township for approval. Bob Cannell this is what you want to present 34 pages advised draft. Manager McFadden stated that he took this up with the Solicitor and agreement must have document that is clear if a variety of events are considered and acted upon that you must document petitions of concerned parties in an agreement. Bob Cannell asked if this is the same as before. Some length is because of repetition needed but items covered were the same. Discussion followed on items reviewed and changes because of Washington Township requests. Manager McFadden explained that the agreement gives the Township the possibility to distribute water at a meter rate costs or rate distributed by Council at regular consumption the essence is that our charge is the higher of the two at 10% at all times with a common tap in fee. If Township wants to, this agreement gives the ability to distribute at common costs giving a level playing field as they requested. Bob Cannell asked if Council was willing to accept this as it is prior to Washington Township review. Solicitor Marsh and Water Authority agree that this is an acceptable agreement to approve and send on to Washington Township.
Mary Ann Horne motioned and Jean Davis seconded to accept the current draft bulk water agreement with Washington Township. Discussion followed. Paul Snyder stated that the Manager has put a lot of time into the agreement and wondered if he felt it was acceptable. If I was Manager of Washington Township I would recommend signing it to Council. Paul Snyder stated that we are charging 10% fee over amount charged Washington Township residents for administering. H. Robert Cannell stated that Washington Township has not seen it. That is correct we voting on it to show Washington Township that it is acceptable to the Borough Council. Jean Davis felt this agreement was better defined. Motion carried by 7-0 voice vote.
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MANAGER:
EIT memo to Solicitor Marsh was available for review. Paul Snyder asked if Solicitor thought we would receive the full 1.5%. Act 47 allows the Borough to raise taxes above the 1%.
Letter to John Evans regarding Academy Hall Grant application and fees for solicitor of $6,000 to $8,000 was available for review.
Edinboro Library correspondence was also available for review. H. Robert Cannell thanked the Manager for keeping everyone informed on the status of the Edinboro Library. He informed Council that a garage sale will be held at Lakeside Commons mall to benefit the Library will be held May 15 and 16th to raise additional funds.
Mayor Rhodes introduced the bills for payment. Mary Ann Horne moved approval of the submitted bills totaling $44,268.23 dated March 10, 2003 and H. Robert Cannell seconded. With no objections it passed by 7-0 voice vote.
Mayor Rhodes proceeded in acceptance of the payroll as submitted for the period ending March 1, 2003 and paid March 7, 2003 totaling $51,626.13. Mary Ann Horne motioned approval of the payroll and Jean Davis seconded. The motion approving the payroll and overtime passed unanimously by voice vote 7-0.
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WASTEWATER COLLECITON & TREATMENT:
Copy of notice from Lake Engineering regarding NPDES for discharge of stormwater associated with industrial activities was available for review.
COMMUNITY DEVELOPMENT/PROJECT COORDINATOR:
Manager McFadden introduced Resolution 02-2003 for consideration and Mayor Rhodes read it to the public as follows:
RESOLUTION OF APPROVAL
FFY 2003
COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION
Resolution No. 02-2003
WHEREAS, Act 179 of 1984 established the Pennsylvania Community Development Block Grant (CDBG) Entitlement Program to financially assist municipalities with a number of community development needs principally benefiting low and moderate income citizens; and
WHEREAS, Edinboro Borough's FFY 2003 entitlement is $156,635 with $28,194 being earmarked for Program Administration leaving a balance of $128,441 for a wide range of eligible projects and activities; and
WHEREAS, the projects contained in the CDBG Application address needs identified in the Three Year Community Development Plan and principally benefit low and moderate-income persons; and
WHEREAS, a Final Synopsis was published identifying the projects and activities to be undertaken with the Borough's 2003 CDBG Entitlement funds, and this CDBG Application has been prepared and made available for public inspection in accordance with this Final Synopsis; and
WHEREAS, the Borough of Edinboro certifies its compliance with the requirements contained in the "Statement of Assurance," included herewith as part of this Application; and
WHEREAS, pursuant to the "Statement of Assurance," the Borough has, among other actions, complied with the following CDBG requirements:
1. Has conducted public hearings pursuant to public notices as required to satisfy the citizen participation process by publishing the Preliminary and Final Synopsis of the FFY 2003 CDBG Application and has provided for public review and comment of this Application.
2. Has published the required Fair Housing Notice and has designated E. R. Buck McFadden, Borough Manager, as the Borough's Fair Housing Officer.
3. Has developed a Minority Business Enterprise (MBE) Plan and MBE Goal for 2003 which is attached hereto and included as part of this application; and
4. Has designated E. R. Buck McFadden, Borough Manager, to serve as the Borough's official representative for this Application.
NOW, THEREFORE, BE IT RESOLVED that Edinboro Borough Council does officially approve this FFY 2003 CDBG Application; and
BE IT FURTHER RESOLVED that Edinboro Council authorizes its Mayor to sign this CDBG Application on behalf of the Council and directs that it be submitted to the Pennsylvania Department of Community and Economic Development by April 25, 2003.
Christopher Gillette motioned and H. Robert Cannell seconded and the Resolution 2-2003 passed by unanimous role call vote: Mary Ann Horne, yes; Paul Snyder, yes; Robert Gray, yes; H. Robert Cannell, yes; Jean Davis, yes; Christopher Gillette, yes; and Mayor Rhodes, yes.
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Community Liaisons:
Erie County Borough announcement of meetings was available for review.
PLCM Campus Community meeting March 24 and 25 will be attended by Manager McFadden and Robert Cannell.
Washington Township Liaison Jean Davis reported that at their March 4th Township meeting they discussed Joint Planning Commission concerns, park, watershed which Mr. Patterson wants to write his own by-laws, and they talked about dangerous buildings in the Township.
Authority meetings Jean Davis reported that they met today and Chapter 94 was being worked on by WWCT Department and the Water Dept reported that the back flow project was complete. Manager McFadden explained that a resolution for new fee schedule will be forthcoming from Municipal and Water Authority to Council for adoption of new tap in fees. Also the Water Authority has also approved the bulk water agreement with Washington Township.
Pension Committee Meeting Mr. Cannell said he had real concerns wondering who chooses advisors like Merrill Lynch. Manager McFadden stated that Merrill Lynch is overseer of two fund managers that selection is done by Council. In 2002 the losses were great and biggest amount is for Rittenhouse which I questioned Merrill Lynch and stated that 5 year losses negative figures. They had been good and how long you allow to go on in negative figures. Merrill Lynch is looking into it presently there is some substantial losses and are we accountable for this. We have in Pennsylvania a pension fund PRMS that they had increase where we had losses in both funds. Maybe we should consider what options we have and differences in pensions in today and the PRMS funds. Finance Committee had concerns and look into what Bill Asay may suggest after preparing 205 reports. Manager McFadden stated that there is no question about Rittenhouse and at the meeting we discussed having three managers and also he had information on PRMS as another option. Discussion followed regarding competition and under performing managers and investment policy. It was agreed to schedule meeting to discuss further the pension options.
EUP Neighborhood Forum February 25th Mary Ann Horne, Bob Gray, Bob Cannell, and Manager McFadden attended. Bob Gray stated he felt nothing will be see out of this meeting since everyone wrote down their concerns on 3 x 5 cards. They promised to get copies of these cards to the Borough in a timely fashion but we havent seen anything yet. Bob Cannell asked that the Mayor request a recap of the total meeting (cards).
Watershed Association met February 25th Mayor Rhodes reported that they adopted a mission statement for the Association which she read. The Edinboro Lake Watershed Association is to work with the protection, restoration, enhancement, and substantial development of the Edinboro Lake Watershed. Planning walk in April of Fens and also a lakeshore cleanup day.
Other Old Business:
Mayor Rhodes noted that there are openings on the Civil Service Commission, Environmental Shade Tree Advisory Board, Planning & Zoning Commission and Zoning Hearing Board.
H. Robert Cannell asked if we can have spot on agenda for Township representative to speak or comments. Mayor Rhodes stated that the appropriate place is in the beginning under public participation when we take comments from the public. Mr. Foulkrod as in the past has and can comment during the meeting if so desired.
H. Robert Cannell informed Council that the Culbertson pool is going up for sale in 2004. YMCA is leasing the pool this year.
Being no further business, Mayor Rhodes asked for adjournment.
Jean Davis motioned for adjournment and the meeting was adjourned at 9:00 p.m.
ATTEST:
___________________________ _____________________________
Manager E.R. Buck McFadden Mayor Caroline Rhodes
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HIGHLIGHTS
March 10, 2003
· Payment of bills
· Payment of payroll
· Resolution 2-2003 CDBG
· Draft Bulk Water Agreement with Washington Township
·
POSTPONED
· Indecency Ordinance 502 - Ordinance Review Committee
· Tabled Joint Municipal Planning Commission Ordinance 510
·
UPCOMING MEETINGS:
· Ordinance Review Committee - (Indecency Ordinance; & Codification)
· Finance Committee meet Monday March 24 -- 6:00 p.m.
· Council of the Whole March 31 6:30 p.m. Audit review
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
March 10, 2003
7:00 p.m. Council Meeting
I. Call to Order Council Meeting by Mayor
II. Roll Call:
III. Approval of Minutes:
A. Minutes of Regularly Scheduled Meeting February 24, 2003. ACTION: Motion to approve minutes
IV Persons Requesting Time to Address Council
A.
1. Finance Committee - Mary Ann Horne, Chair
2. Ordinance Review Committee - Jean Davis, Chair Ordinance Recodification and Public Indecency Ordinance 502 still in committee met March 5 for Codification
3. Personnel Committee Bob Cannell, Chair. no report
4. Recreation/Lake/Environment Mary Ann Horne, Chair - no report.
5. Public Safety Paul Snyder, Chair schedule meeting March
6. Street, Buildings, and Grounds Chris Gillette, Chair no report.
7. Committee of the Whole - Mayor Rhodes no report
B. Solicitor's Report:
1. DEP EHB Docket 2000-125- R (PADEP Order of May 9, 2000):
2. Joint Municipal Planning Commission Ordinance 510 Public Hearing
a.) Tabled 2/24/03 Continue to table pending Washington Township action
3.. Bulk Water agreement with Washington Township
a.) Draft March 3, 2003 -FYI
4. Regulation of political signs
C. Manager's Report:
1. Manager
a) MANAGER INSTRUCTED TO:
· Any pertinent information from EHB is received notify all Council members
b) EIT memo to Solicitor Marsh
c) John Evans - Academy Hall Grant application - FYI
d) Edinboro Library correspondence FYI
e) Memo regarding Committee of the Whole Meeting March 31 - FYI
2. Finance
a) Authorization to Approve Bills, to be paid March 10, 2003
Action: Motion to approve bills $
b) Authorization to Approve Payroll
Action: Motion to approve payroll ending March 1, 2003 paid March 7, 2003 totaling $ 51,626.13
c) Monthly Financial Report - 2nd meeting of every month 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
e.) Employee Safety Committee
5. BOCA/Code Enforcement/Planning/Zoning
a) Monthly Report 2nd meeting of every month FYI
6Public Works
a) Sanitation
b) Building & Property
c) Streets/Storm Sewers/Signals/Signs
1) Monthly report 2nd meeting of every month FYI
d) Park & Recreation
e) Lake
f) Dam
g) Recycling Leaves
7Wastewater Collection & Treatment
a) Notification of Act 14 of February 17, 1984 NPDES for Discharge of stormwater associated with industrial activies - FYI
8. Water System
a) Monthly Report 2nd meeting of every month FYI
9. Community Development/Project Coordination
a) Monthly Report 2nd meeting of every month FYI
b) Resolution 2-2003 CDBG ACTION -
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 Notice of meetings
5. Erie County Planning Liaison - Chris Gillette
6. EVFD Board Liaison Chris Gillette
7. PLCM Campus Community Bob Cannell, Delegate; Chris Gillette, Alternate - meeting March 24-25 - FYI
8. Washington Township Liaison - Jean Davis
9. Community Map Project Mary Ann Horne & Bob Cannell
10. GEAR Bob Gray
11. Authority Jean Davis March 10, 2003 5 p.m.
12. Pension Com Paul Snyder Mr. Cannell Attended February 26th 10 a.m. pension review meeting
13. EUP Admin Mayor Rhodes Feb 25th Neighborhood Forum
14. PLCM Local Group Liaison Mary Ann
15. Watershed Association Caroline Rhodes Feb 25 3:30 p.m.
16. Joint Municipal Planning Chris Gillette
E. Other Old Business
1. Openings on Planning Commission, Civil Service Commission, Environmental Shade Tree Advisory Board, and Zoning Hearing Board in 2003
A.
VII New Business
A.
VIII Special Reports
IX Adjournment
REMINDERS:
Finance Committee Meeting on Monday March 24th 6:00 p.m.
Authority Meeting Monday, March 10, 2003 5:00 p.m.
Auditors review of 2002 Monday, March 31, 2003 6:30 p.m. Council of the Whole
2003 Council Meeting Schedule:
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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