HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
June 23, 2003
Call to Order:
The following Council members were present: Paul Snyder, Christopher A. Gillette, Jean Davis, Robert Gray, Mary Ann Horne, and Mayor Caroline Rhodes. H. Robert Cannell was absent. Also in attendance were E.R. McFadden, Borough Manager; Solicitor Ritchie Marsh; and Marie Lander, Assistant to the Manager. Guests present were Jen Duda; Jon Foulkrod; Bob Cogan; Matthew Carlin, EUP; Bryan Olson, EUP; Denise Dobos; EUP; Linda Stonis; Scott Nicklos; John C. Snyder; and Bridget Jeffery.
Mayor Rhodes introduced the minutes from the regular Council meeting held June 9, 2003. Mary Ann Horne moved for approval of the minutes and Jean Davis seconded. The minutes were approved with adjustments as noted, by a voice vote of 6-0.
Jon Foulkrod, Washington Township Council representative was not present at beginning of meeting he arrived during Solicitor’s Report on bulk water agreement.
John Snyder, 104 Evergreen Drive. Mr. Snyder asked to speak on a drain/catch basin on his property at the corner of Hillcrest and Evergreen. He started with the background. Borough personnel cut into the ditch this year in April to clean out catch basin. In the past he had done this himself with a shovel. The Borough took out an 8” width including grass and the rains of April have eroded it into a 30” wide 6-8” deep hole. At the end of April he called Mr. Schruers who stated he would look into it and get back to him. In May Mr. Schruers called and stated he would have it taken care of with possibly using cold patch. Mr. Snyder stated he didn’t want cold patch and called the Manager who stated he would talk with Mr. Schruers about this and call back. He stated it would be fixed but it may take time. The 2nd week of June Mr. Snyder stated he called the Manager again and he stated he would check with Mr. Schruers on the status. Again Mr. Snyder stated he called the Borough and the Manager had Marie return the call that the following week June 16-20 it would be fixed. Mr. John Snyder stated but it still is not finished and no call of when they expected it to be done, so that is why he was before the Council to find out when his lawn would be replaced and the situation corrected. The rain is just deteriorating it more. Mr. Snyder stated he toured town to see other spills maybe cut this way. The only other place that was cut the exact way was across the street but it was not eroding. He presented pictures of several locations in the borough including his own to Council for review. He asked why it was cut this way. Why not repaired when informed two months prior? He also stated he saw no real need to do this and he wanted proper appearance to his yard restored. Mayor Rhodes thanked Mr. John Snyder for his information and asked the Manager to comment. Manager McFadden stated the problem there is as Tom Schruers, Public Works Director and himself looked at it was the build up of material over time along the road so the flow of storm water is down the road and doesn’t get into the swale and catch basin. Across the street the problem exists also. These two locations need the road restored to have water run into the swales to the catch basin. The weather has not been cooperating and everything is behind schedule. In the interim we could seed the area or use cold patch but we will have to come back and trim back the road edges and restore the swale with a grader or bucket truck in the future. Tom Schruers’ approach was to asphalt temporarily to stop eroding but that is not much esthetics for the location. We need to scrape and trim and contour the road. Mr. John Snyder stated that today he saw workers painting signs and working on drain at Angling & 6N when they should have been working on his problem since the Borough caused the problem making the cut they made. Mayor Rhodes asked Manager McFadden to work with Tom Schruers and John Snyder on this problem. Manager McFadden stated he would go out again tomorrow with Tom to view and discuss the problem. Mr. John Snyder stated this was the first he learned of the swale problem and he would be willing to wait if it was a reasonable amount of time to solve the problem.
Linda Stonis, 143 Sunset Drive. Came before Council to discuss her son and his friends who skateboard. Her 13 year old son has been told by officers that they are not allowed to skateboard anywhere in the Borough unless it is means of transportation. They were hanging out at Lakeside Commons and the Hangout parking lot but the owner has banned skateboarding. Approximately 15 kids socialize and skateboard together. Her son is afraid to come downtown that he will be cited by a police officer and could be charged up to $200. Mrs. Stonis understood the business owners maybe worried about liability and need to protect their property but the teenagers need a place to meet and teach each other tricks. Police officer she spoke to suggested coming to Council to ask for a place designated for skateboarding. Many residents other than Edinboro also hang out together to skateboard and learn tricks. Officer Hagerty worked with our kids at General McLane and they are not bad kids they just need a place to skate. Mary Ann Horne stated that her son also skates with him and if the hangout is open they can skate there but other than that they have no place to go. Mayor Rhodes requested that the recreation committee look into this. She also stated that the tennis courts on High Street have been used in the past by skateboarders and skaters at their own risk. Insurance reasons no place has been constructed. Mrs. Stonis stated she thought it said no skateboarding on the courts. Mayor Rhodes stated, in the past, roller bladders used the tennis court for hockey and traditionally it has been allowed skateboarding and rollerblading on the tennis court not the basketball court. Mayor Rhodes stated that Borough magazines have shown skateboard parks that are very expensive and Meadville set up grounds for one and they had vandalism. Manager McFadden stated that some of the benches downtown had to be retrofitted with devices to discourage skaters and bikers from getting up on the benches and damaging the benches. Paul Snyder stated it was a reasonable request and that the Recreation Committee should look into the signage at the tennis court and condition of the court for possible use by skateboarders at their own risk. Robert Gray also noted that the skateboarders use the old Dairy Mart parking lot and he can see why business would not want them on their property, they could go through the plate glass windows or just fall on their property causing liability issues. He also has seen them on the wall at the Marquette Savings Bank. Paul Snyder requested that Recreation Committee set up a meeting and look into this. Mary Ann Horne, Chair of the Recreation Committee would contact Mrs. Stonis when the meeting is set.
Being no further persons requesting time to speak the Mayor moved on to old business.
Committee Reports:
Finance Committee: Chairman Mary Ann Horne – Ms. Horne reported they had reviewed the bills and upcoming bills and had questions regarding Mobilcom radios answered by the Manager. These are police radios due to be replaced. We are also looking at meeting to review the first half of the year in July.
Ordinance Review Committee: Chairman Jean Davis - Jean Davis reported they will meet July 8th at 9:30 a.m. to work on recodification and the sign & stop sign ordinances. After that they will schedule a meeting to amend the Garbage ordinance and work on grease ordinance and public indecency ordinance.
Personnel Committee: Chairman H. Robert Cannell – no report
Recreation, Lake, Environment Committee: Chairman Mary Ann – no report
Public Safety Committee: Chairman Paul Snyder –nothing to report.
Streets, Buildings, & Grounds Committee: Chairman Chris Gillette - no report.
Committee of the Whole – Mayor Rhodes no report.
DEP EHB Docket 2000-125-R nothing new to report.
Bulk water agreement with Washington Township new draft was available for review and was sent on to the Township Solicitor Paul Burroughs. Solicitor Marsh explained the changes from before are the additions of exhibits showing water lines within the Township to be turned over to the Township and the lines in the Township to remain the property and responsibility of the Borough. The four lines to be turned over one had major repairs done a few years ago for $15,000 which discussions of reimbursement while the line going to the WWCT plant would remain the property and responsibility of the Borough. The question on change of termination language by Attorney Burroughs requested has been made to have the agreement terminate in June 2013 if nothing happens to renew. This agreement also covers past and future water governance. Robert Gray asked if Ames building was part of agreement. Manager McFadden stated Exhibit B is what already exists and Exhibit C is the area the Township requested service. If the Ames building is to be considered in the future the Township can ask for modification after this agreement is in place and we can verify we can meet the request the agreement can be modified. Jon Foulkrod, Washington Township Liaison arrived at 7:40 p.m. and he reported that the Township Council received the agreement at their last Wednesday meeting but Solicitor Burroughs was not present. He would discuss this with Council on July 1st meeting. Manger McFadden stated he discussed work on Dundon Rd with Water Superintendent Butch Shafer. Presently he is working on Meadville Street and they could put the dead line under the road which would take only a couple days but shutoffs on both sides of the road but they would have to re-dig when they connected in the residences and church. It would not be a time consuming task. Jean Davis asked if as soon as they sign the agreement they could hook up within a couple of days. Manager McFadden stated he saw no problem with that.
MANAGER:
Mayor Rhodes asked for progress reports on items listed under “a” in the Managers section of the agenda. Manager McFadden stated that they had met with PennDOT on the 6N and Rt 99 traffic lights and PennDOT staff was supportive of improvements to PA Route 6N corridor from I79/Rt 99 intersection. The issue has been forwarded to the EFW Joint Planning Commission since PennDOT’s procedure is to have a traffic improvement metropolitan review since two state roads (Angling & Rt 6N) are involved. Design will be about $250,000 with 80/20 or 90/10 split and grant process will be with Federal and PennDOT funding. Process has started with the Joint Planning Commission reviewing then circulated into the Erie County Planning.
Manager McFadden was instructed to contact PENELEC personally regarding status of Brae Loch installation.
Copy of letter to Washington Township thanking them for their letter of May 22 regarding EVFD insurance sharing was available for review.
Resolution requested by Council showing support for Edinboro Library was read by Mayor Rhodes for consideration:
Home Rule Borough of Edinboro
Resolution No. 9-2003
WHEREAS, Councils of the Home Rule Borough of Edinboro, Erie County, Pennsylvania for more than two decades have provided space in the Borough Building for a branch of the Erie County Public Library; and
WHEREAS, these Councils have not charged for rent or the cost of utilities or janitorial service, a value over the years of several hundred thousand dollars; and
WHEREAS, the Erie County Public Library, as well as libraries throughout the Commonwealth of Pennsylvania, faces challenging fiscal times; and
WHEREAS, the Edinboro Area Branch Library Steering Committee is working on efforts to retain and to improve public library services in the overall Edinboro Area.
Jean Davis motioned acceptance of Resolution 9-2003 and Mary Ann Horne Seconded. With no objections the motion passed unanimously by role call vote: Robert Gray, yes; H. Robert Cannell, absent; Jean Davis, yes; Mary Ann Horne, yes; Paul Snyder, yes; Christopher A. Gillette, yes; and Mayor Caroline Rhodes, yes.
Draft letter to Naomi Johnson of EUP regarding State Bill 80 and traffic congestion in town was discussed. Mayor Rhodes stated that any Council member wishing to have changes to the draft to contact the manager. Paul Snyder asked requested the date on page 2 to reflect June 23rd not June 21st. Mayor Rhodes requested cooperation instead of legal basis of letter. Paul Snyder also requested that events and locations not be spelled out as in the draft. He also asked for a shorter version with issues and “please help” instead of spelling out law. Maybe, “what do you think about giving us a hand?” Jean Davis asked that Council see prior to mailing following rewrite.
OPT (occupational privilege tax) alert was received from PLCM, which the Manager has informed Representative John Evan’s office about.
Manager will also be attending the EUP summer planning retreat this year.
Mayor Caroline Rhodes introduced the bills for payment. Jean Davis moved approval of the submitted bills totaling $ 36,449.84 and Mary Ann Horne seconded. With no objections it passed by 6-0 voice vote. Paul Snyder stated that the new reports were easier to read and would like them to continue.
Mayor Rhodes proceeded in acceptance of the payroll as submitted for the period ending June 7, 2003 and paid June 13, 2003 totaling $52,778.03. 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. Jean Davis stated that the new reports showed the sick, vacation and overtime hours and should be continued.
EVFD:
EVFD Chief Thom Gebhardt letter of June 13th showing fire calls for 1999-2003 by municipalities. Paul Snyder asked that it be also broke out EUP from the Borough calls.
POLICE:
Police report was available for review.
BOCA/CODE ENFORCEMENT:
Monthly report was available for review. Also available was letter from County of Erie regarding ACT101 notice and notice of Zoning Hearing Board meeting of July 2, 2003. Mayor Rhodes stated the Zoning Hearing Board would meet regarding home occupation at 1 Monroe Street if anyone was interested.
PUBLIC WORKS:
Monthly report was available for review.
WATER DEPAETMENT:
Monthly report was available for review. Robert Gray informed Council that the second street up on Cyprus the water was running down the road. He contacted Superintendent Shafer and was informed that it was a sump pump not a water line leak. The storm sewer and catch basin will need to be corrected to keep this from running down the road.
COMMUNITY DEVELOPMENT/PROJECT COORDINATION:
Report from Vicki Coffin was available for review. It was noted that Council Newsletter would be faxed tomorrow if anyone had items to include please contact the office in the morning. Mayor Rhodes requested that Building, Streets & Grounds committee meet and discuss and recommend to CDBG what they would like for the bathhouse. Christopher Gillette stated he would contact the Marz regarding the bathhouse and first have architect put down their thoughts before the committee met and reviewed.
Community Liaisons:
Erie County Borough – Notice of picnic and meeting of July 16th was in the packets. Mayor Rhodes asked anyone interested in attending to contact the Manager or Marie Lander.
Watershed Association – Mayor Caroline Rhodes informed everyone that they would meet tomorrow June 24th.
Joint Municipal Planning: Christopher Gillette stated that they met June 11th to organize and elect officers. Their next meeting will be the second Wednesday of the month.
Other Old Business:
Mayor Rhodes noted that there were still openings on the Environmental Shade Tree Advisory Board and Zoning Hearing Board.
PLCM Memo on lobbying was available for Council’s review.
Edinboro Area Historical Society letter regarding tax exempt status was available fore review.
Being no further business, Mayor Rhodes asked for adjournment.
Robert Gray motioned for adjournment and the meeting was adjourned at 8:18 p.m.
ATTEST:
________________________ _____________________________
Manager E.R. Buck McFadden Mayor Caroline Rhodes
HIGHLIGHTS
June 23, 2003
· Payment of bills
· Payment of payroll
· Resolution 9-2003 Support of Edinboro Library.
POSTPONED
· Indecency Ordinance 502 - Ordinance Review Committee
· Sign Ordinance – Ordinance Review Committee
· Dumpster Ordinance – sent back Ordinance Review work on line of site screening
· Grease Ordinance – Ordinance Review Committee
· Sander’s Request to name small park in Memory of Kurt – Recreation Committee
· Stop Sign Ordinance – Manager work into one Ordinance
· Skateboarders request – Recreation Committee to review
·
UPCOMING MEETINGS:
· Ordinance Review Committee - (Indecency Ordinance & Codification & Sign Ordinance & Grease Ordinance)
· Finance Committee – June 30, July 7 & July 14 1:30 p.m.
· Advertise Sign Ordinance for three readings –add stop sign on Maple Drive instead of yield & Chestnut Street stop sign westbound
· Meet with Ordinance Review about sign ordinance & administrative section of recodification to finish up. – July 8th 9:30 a.m.
· Manager to personally contact PENELEC about Brae Loch Streetlights installation.
· Rewrite draft letter to Naomi Johnson – EUP – traffic congestion request for assistance.
· Tom Schruers & Manager to view John Snyder’s property where cut is eroding.
· Have Chief Gebhardt break out EUP from Borough calls from 1999-2003 data for EUP share.
· Register Council members wishing to attend Erie County Boroughs Association meeting and Picnic July 16th.
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
June 23, 2003
7:00 p.m. Council Meeting
I. Call to Order Council Meeting by Mayor
II. Roll Call: Christopher Gillette ___, Robert Gray __, Jean Davis ____, H. Robert Cannell _Absent____, Mary Ann Horne ____, Paul Snyder ____, Mayor Caroline Rhodes ___, Manager McFadden ____, Solicitor Marsh ____.
III. Approval of Minutes:
A. Minutes of Regularly Scheduled Meeting June 9, 2003. ACTION: Motion to approve minutes
IV Persons Requesting Time to Address Council
A. Jon Foulkrod, Washington Township Council liaison may or may not address Township position
1. Finance Committee - Mary Ann Horne, Chair
2. Ordinance Review Committee - Jean Davis, Chair – Ordinance Recodification, Sign Ordinance, Stop Sign Ordinance, Garbage Ordinance, Grease Ordinance, and Public Indecency Ordinance 502 still in committee
3. Personnel Committee – Bob Cannell, Chair – no report
4. Recreation/Lake/Environment – Mary Ann Horne, Chair - no report
5. Public Safety – Paul Snyder, Chair – no report
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): no information
2. Bulk Water agreement with Washington Township: draft being reviewed with Washington Township Solicitor (copy enclosed)
3. Borough of Edinboro v. City of Erie – FYI
4. MABE NPDES permit renewal - FYI
C. Manager's Report:
1. Manager
a) MANAGER INSTRUCTED TO:
· Any pertinent information from EHB is received notify all Council members
· Prepare stop sign ordinance adding Chestnut Street westbound and Stop sign on Maple Drive instead of yield sign – advertise for 3 meetings
· Police report on Maple Drive and Chestnut Street changes of signage
· Meet with Ordinance Review regarding sign ordinance & admin section of recodification & Stop sign ordinance.
· Meeting PennDOT on 6N and RTE 99 traffic lights – Met June 10. PennDOT staff supportive of improvements to PA Route 6N corridor from I79/RT99 intersection; issue forwarded to EFW Joint Planning Commission.
· Contact PENELEC regarding streetlight outage & Brae Loch installation
· Reply to Washington TWP letter of may 22 regarding EVFD insurance
· Resolution showing support of Edinboro Library -28 years support with no rent or utilities charged to library system, etc. for June 23rd meeting.
b) Status of miscellaneous issues Washington Township
1. Community CATV project – not supporting
2. Edinboro Lake Watershed Association – not supporting
3. Contract police service - studying
4. Bulk water agreement - reviewing
5. Joint Municipal Planning Commission – participating
6. Lakeside stormwater flooding diversion and containment cooperative projects – Borough engineering report distributed; awaiting Township engineering report
7. Edinboro area interim County branch library effort – not supporting
8. Other
c) Draft letter to EUP regarding traffic congestion
d) PLCM OPT alert – FYI; I informed Rep. Evan’s office
e) EUP Summer Planning Retreat - FYI
2. Finance
a) Authorization to Approve Bills, to be paid
Action: Motion to approve bills totaling $36,449.84
b) Authorization to Approve Payroll
Action: Motion to approve payroll ending June 7, 2003 paid June 13, 2003 totaling $52,778.03
c)
3. Personnel
4. Public Safety
a) Emergency Management
1) Communication inventory & plan to be included in EMPlan
b) Emergency Medical Service (EMS)
c) EVFD – Chief Gebhardt letter of June 13 - FYI
d) Police
e.) Employee Safety Committee
5 BOCA Code/Planning/Zoning
a) Letter from County of Erie regarding Notice of Act 101 - FYI
b) Zoning Hearing Board to Meet July 2, 2003 - FYI
6. Public Works
a) Sanitation
b) Building & Property
c) Streets/Storm Sewers/Signals/Signs
d) Park & Recreation
e) Lake
f) Dam
g) Recycling Leaves
7. Wastewater Collection & Treatment
8. Water System
9. Community Development/Project Coordination
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 –Picnic notice and meeting July 16th
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. Community Map Project – Mary Ann Horne & Bob Cannell
10. GEAR – Bob Gray
11. Authority – Jean Davis
12. Pension Com – Paul Snyder – Finance Committee
13. EUP Admin – Mayor Rhodes
14. PLCM Local Group Liaison – Mary Ann
15. Watershed Association – Caroline Rhodes
16. Joint Municipal Planning – Chris Gillette- Met June 11th 7p.m.
E. Other Old Business
1. Openings on Environmental Shade Tree Advisory Board, and Zoning Hearing Board in 2003
2. Council’s newsletter – articles due by June 23rd.
A. PLCM Memo – FYI
B. Edinboro Area Historical Society – FYI
VII New Business
VIII Special Reports
IX Adjournment
REMINDERS:
Finance Committee Meeting Monday June 23 6:30 p.m., Monday July 7 1:30 p.m.; July 14th 1:30 p.m.
Authority Meeting Monday, July 14, 2003 5:00 p.m.
Next Council Meeting Monday, July 14 7 p.m.
2003 Council Meeting Schedule:
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.