HOME RULE BOROUGH OF EDINBORO
COUNCIL MEETING MINUTES
September 22, 2003
Call to Order:
The following Council members were present: Christopher Gillette, Robert Gray, Jean Davis, H. Robert Cannell, Mary Ann Horne, Paul Snyder, and Mayor Caroline Rhodes. Also in attendance was Solicitor Ritchie Marsh, Manager E.R. “Buck” McFadden and Marie Lander, Assistant to the Manager. Guests present were Bob Cogan; Greg Lucas; Jen Duda, Erie Times; and Joh Foulkrod, Washington Township Council Liaison.
Mayor Rhodes introduced the minutes from the regular Council meeting held September 8, 2003. H. Robert Cannell moved for approval of the minutes and Mary Ann Horne seconded. The minutes were approved by a voice vote of 7 - 0.
Mayor Caroline Rhodes asked if anyone was interested in speaking to Council, being none she moved on to old business.
Committee Reports:
Finance Committee: Chairman Mary Ann Horne – Ms. Horne reported they met last week and had nothing out of the ordinary to report. Mayor Caroline Rhodes asked if the third quarter review and budget preparation would be held as a Committee of the Whole in October. Ms. Horne stated the third quarter would end the end of September and meetings would commence sometime in October.
Ordinance Review Committee: Chairman Jean Davis stated they had not met but would meeting as a Committee of the Whole on September 29th to discuss dumpsters at 6:45 p.m. following a special meeting at 6:30 p.m. to award bids for windows and roof replacements.
Personnel Committee: Chairman H. Robert Cannell – Four names have been received that are interested in Water Authority and Municipal Authority vacancy. The committee has interviewed two so far and one did not show for his interview tonight. They hope to have decision by next meeting. Mr. Cannell asked if it was possible to appoint one as alternative like the Zoning Hearing Board has. Manager McFadden explained by law it is required to have alternate on Zoning Hearing Board and he was not aware of any similar law for alternate on Water and Municipal Authority. Mr. Cannell asked if they could add alternate to Authority as Council. Solicitor Richie Marsh stated that he thought Manager McFadden was correct. He had never recalled reading where the Municipal Authority allowed an alternate. He would read the law and get information back to Council for the next meeting.
Recreation/lake/Environment: Chairman Mary Ann Horne –nothing to report. Robert Gray asked about zebra muzzles. He heard that people removing boats over at Indian Head Landing had more zebra muzzles than before. Mayor Rhodes asked that Tom Schruers keep Council informed on his observations when removing docks and the Borough boat from the lake.
Public Safety Committee: Chairman Paul Snyder –nothing to report. They will meet October 6th at 6:30 p.m.
Streets, Buildings, & Grounds Committee: Chairman Chris Gillette stated that Mr. Marz was working with Tom Schruers, Public Works Director on bids for window and roof replacements. They will be opened Sept 26th and awarded on September 29th. Mr. Gillette asked the Manager to schedule a meeting with Mr. Marz regarding the bathhouse since the building was down. Manager McFadden stated that Hite Electric had met with Mr. Schruers and there was not a lot that could be done with that aspect and a report would be given at the next committee meeting. Mayor Rhodes stated she understood the bi-fold doors where ordered and received and asked to discuss other items prior to purchase. Manager McFadden stated the heat cable would be address with the roof and there was no rush on the lights and the floor plan our own labor would do during bad weather. Jean Davis asked what Bob Marz was doing. Manager McFadden stated he was consultant working on bid papers for roof and windows. A draft floor plan change in the police department would be discussed further at the next committee meeting and nothing would commence before then. Storm water was discussed by Tom and the committee in some locations but questions need to be addressed on who fixes yards if in the right-of-way regarding swales and driveway pipes. Jean Davis had a concern of storm water if on Granada Drive it runs from their front yard to the back into her back yard. Water does run downhill and contractors should have been aware years ago. Mayor Rhodes stated swales and ditches and pipes are a lot of work which are in public right-of-ways. Manager McFadden stated between now and another committee meeting he would get the solicitors insight on storm sewers. Property owner is responsible for their own property and if it runs into another joining property while the Borough is responsible for the street in front of property in right-of-way. All streets in the Borough have either pipes or swales and some are in need of maintenance and updating.
Committee of the Whole – Mayor Rhodes reported they would meet September 29th after the special meeting at 6:30 p.m. regarding dumpsters.
DEP EHB Docket 2000-125-R nothing new to report.
Borough of Edinboro v. City of Erie – nothing new to report.
H. Robert Cannell and Mary Ann Horne met with Pastor Glen Wells and Dr. Vic Massone last Tuesday regarding the Draft Bulk Water Agreement with Washington Township. Mary Ann Horne reported that the discussed the sticking points between the Borough and Township which were liability section and pricing issues. They asked questions to help them understand and they stated they were grateful that we talked to them. They were to go to the Township meeting and ask the same questions of them. Jon Foulkrod, Township Council Liaison reported that they attended the Township meeting but did not ask any questions. Mr. Bob Cannell stated that the Township was making changes to the draft with their solicitor that they felt needed work on, but nothing has returned to date to the Borough. It was noted that the Erie Times Neighbors article gave the facts correctly except the Mayor’s agreement with allowing the costs of liability insurance be passed on the residents was stated as not in agreement.
Billings Park – Letter fRom Attorney Marsh regarding Lakeside Association request to add to the deed that the name for the Park, i.e.: Billings Park, will always remain as the designation for the Park. Paul Snyder motioned to accept the Lakeside Association request to have the deed contain covenant run with the land stating it would always be Billings Park. Mary Ann Horne seconded the motion and it passed by 7-0 voice vote.
MANAGER:
Available for review was letter to Dr. Naomi T. Johnson, EUP regarding traffic control meeting of August 27, 2003 with Chief Craft, Manager McFadden, Jim Sheehan, and EUP Police Chief Tom Nelson. Manager McFadden stated that the parade would be in reverse direction this year and a 5K preceding the parade would be on campus this year since it was not logistically possible in such short notice this year.
Also available was letter to Brad Foulk, District Attorney regarding K-9 grant commitment. H. Robert Cannell asked why our canine cost $4,000 more than Erie and Corry canine. Manager McFadden read item in December letter that the dog and 6 week training costs for dog and officer was $7,900. Mr. Cannell felt that their was trained personnel in Erie who could of trained our officer and dog and they wouldn’t of needed to pay the extra $4,000. It was the Manager’s understanding that the District Attorney was committed to paying the remainder of the grant to the Borough as promised. Mayor Rhodes requested that the reply to this letter be reviewed by the Public Safety Committee or put into the Council packet for review.
Mayor Rhodes asked if the Manager met with the residents of Granada Drive. Manager McFadden stated that Tom Schruers was in phone contact with them that it was in committee to decide what we should do and they would be contacted before anything was done. The subject of storm sewers will be discussed in Building, Streets, & Grounds Committee as well in the overall budget discussions in the coming months.
Mayor Caroline Rhodes introduced the bills for payment. Mary Ann Horne moved approval of the submitted bills totaling $ 225,815.26 and 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 September 13, 2003 and paid September 19, 2003 totaling $52,677.84. 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.
Finance eight (8) month analysis was available for review. H. Robert Cannell asked why the miscellaneous income was so large in 2003. It was explained this was the transfer to the general fund regarding the building refinancing. He also pointed out the income on the water fund was down, which was explained as the capital project of meter payments in 2002. He also asked why the earned income tax was down and it was explained that it was a lag in transfer by a month. Mr. Paul Snyder explained that if he looked at fund 95 it would show that they were up from last year on income and it just had not been transferred to general fund at reporting time. Mayor Caroline Rhodes informed Mr. Cannell it would be appropriate for him to discuss all his questions on this report in Finance Committee.
Mayor Rhodes moved on to present Resolution 12-2003 regarding Police contribution toward pension in 2004. Jean Davis motioned and Mary Ann Horne seconded the adoption of Resolution 12-2003:
HOME RULE BOROUGH OF EDINBORO
RESOLUTION 12-2003
WHEREAS, the Home Rule Borough of Edinboro (the "Borough"), on January 1, 1952 established, a retirement plan for certain of its employees known as the Borough of Edinboro Police Pension Plan (the "Plan"), which was adopted pursuant to Act 600; and
WHEREAS, the Borough reserves the right to reduce or eliminate Participant Contributions below the mandated rate of five percent (5%) of compensation subject to certain conditions on an annual basis; and
WHEREAS, the Borough received confirmation from the Plan's Actuary with respect to the Participant Contributions and the actuarial soundness of the plan; and
NOW, THEREFORE, BE IT RESOLVED by the Home Rule Borough of Edinboro Council that, effective January 1, 2004, and continuing through and including December 31, 2004, the amount of Participant Contributions due shall be five percent (5%) of compensation.
RESOLVED this 22nd day of September 2003
Paul Snyder stated this is the first time in a long time since the Borough had asked for police participation toward the pension and asked the Manager to explain how this will affect the MMO’s and borough budget. Manager McFadden explained with having this contribution by the police would reduce the minimum municipal obligation. This would help in the amount the borough would need to have in their budget. The Manger also explained that the state sets a unit value approximately $2,300 per unit and police get two per participant and non-uniformed get one per participant. That would mean we would received 9 officers times 2 unites or 18 time $2,300 for police state aid and $2,300 times approximately 15 for non uniformed state aid. This would leave approximately $100,000 the borough would need to come up with in 2004. During budget we will discuss options for the two items MMO pensions and storm sewer/streetlight billing. The Mayor called for a role call vote on motion on the floor: Robert Gray, yes; H. Robert Cannell, yes; Jean Davis, yes; Mary Ann Horne, yes; Paul Snyder, yes; Christopher A. Gillette, yes; and Mayor Caroline Rhodes, yes. The resolution passed by 7-0 unanimous role call vote.
POLICE:
Monthly report was available for review. Two citizen compliments were in the packet and would be put into Officer Lawrence and Officer Eaglen’s files
BOCA CODE/PLANNING/ZONING:
Monthly report was available for review. .
PUBLIC WORKS:
Monthly report was available for review.
Letter from Washington Township Council regarding review of 6N Storm Water Diversion was discussed. Mayor Rhodes stated it was disappointing the Township decided not to take action to stop storm water flowing from the North and West of Angling from coming into the Elm Street Area. We had hoped for cooperative issues but now we may need to undertake ourselves. The letter stated that construction costs of $78,000 would benefit considerably lower amount to the Township. Jean Davis stated that soil conservation makes you get permit to move soil and a neighbor can’t dump water from her yard to yours so why can a municipality dump on another municipality. Solicitor Marsh stated that storm water management treats both the same that you can not channel water to flood neighbor out or municipality to another municipality. Manager McFadden stated that Dave Anthony, Washington Township Manager had earlier thought Angling Road and golf course across form Bagel Shop are the two that send water into the Borough. He recalls Mr. Anthony thinking the developments, from where the water comes, predated regulations. In earlier stages of discussion we talked of swaling and putting in piping at a depth of 7 feet. The report stated 51 cu feet per-second (a significant amount of water is moving into the Borough. John Paterson, Lake Engineering, Tom Schruers, and Manager McFadden met Friday and they felt the impact if diverted would be the same impact to Borough if left come into the Borough. Attorney Marsh stated the general rule is not to allow dumping of water on neighbor especially if significant. He felt a meeting of Borough Engineer, Public Works, Manager, and Solicitor and the same for the Township should meet and discuss this problem. You do not want to have residents in litigation with Borough over the problem. Jean Davis asked if the Borough could handle it themselves. Manager McFadden stated that storm water is developed in the Township at Angling up to the west ward entrance of the elementary school and on the opposite side of the road down toward the golf course and the golf course comes to RT 6N which is Penn Dot’s and conveyed down and enters into our system. We have ordered catch basins and pipe to upgrade the Billings Park area with 10 year storm design. We had discussed with the Township picking up on 6N at the Elementary conveying it across the school property in swale to Whipple Creek which would benefit the Township and Borough. Manager McFadden stated he met with Dave Anthony 2 or 3 times on this subject and even discussed our crew working with the Township crew to do the swaling. The Township had their engineer look into this and the information from their engineer is attached to their letter. Mayor Rhodes asked if maybe re try and readdress this subject with Manager Anthony about joint waling to solve the problem in a rational way. Robert Gray asked about Penn DOT work done earlier. It was noted that Penn DOT did an adjustment to their storm sewer pipes at Angling. Jean Davis asked for a ball park figure on costs to date for the storm sewer work in the area.
Mayor Caroline Rhodes asked about the milled out road on 6N east. Manager McFadden stated it was a bad piece of road and Penn DOT would be resurfacing it. She requested that Penn DOT be contacted if not done by Wednesday and find out when it would be fixed.
Mayor Rhodes asked about a handicap parking place for Proud Printery done by public works crew. She thought this was to be done by business not public works. Manager McFadden explained that it was on borough property and it was painted on the area and sign put on the wall which will benefit everyone.
WATER SYSTEM:
Water Department monthly report was available for review.
COMMUNITY DEVELOPMENT/PROJECT COORDINATION:
Report was available for review. Paul Snyder asked about sidewalks on W. Normal Street Bridge. Manager McFadden stated Borough was committed to do both projects in CDBG. Tom Schruers believes his crew will be able to do the Darrow Road project but the W. Normal needs permit for work near stream because of Mallory Run. He would check for on progress including engineering. Mayor Rhodes stated she would like to see the engineering and Building, Streets, & Grounds should also.
Community Liaisons:
Cable TV - H. Robert Cannell informed Council that Channel 3 breaks in on CTV channels on Wednesday evenings because it is the emergency management channel for the Borough and regulations require it to be tested weekly.
EUP Administration – Mayor Rhodes reported she attended the Founders Day activities at the University and was introduced by President Pogue. She also informed Council that the Dogs were unveiled at the college on Tuesday afternoon. They have much history in the Borough and are a unique local item which the Art Department and a local industry molded them out of bronze to last a long time.
Environmental Shade Tree Advisory Committee – Mary Ann Horne reported that the revised memorial tree policy would be in the packets for the next Council meeting.
Watershed Association – Meeting of September 9th did not have a quorum but they would meet September 29th at the university. The Lake-keeper is progressing with the grants.
Joint Municipal Planning: Christopher Gillette reported they met with the consultant with a rough outline. First they will survey the Joint Planning Commission members and then possible get ideas form the Council members. Mayor Rhodes asked if Chris had a copy of the Comprehensive Plan of the Borough. Robert Gray gave Mr. Gillette his copy to review and evaluate the needs when the plan was made and see if it was relevant today.
Library Steering Committee – Manager McFadden informed Council they met Sept 9th and a couple times since. Both the transfer of property and creation of the “Friends of the Library” should be substantially in place by October 23rd event. This should be a two year process with no additional county monies or possible no state funds depending on State budget.
H. Robert Cannell reported that over 400 invitations went out for the October 23rd event and 500 notices to professors at EUP.
Mayor Rhodes asked if they plant o approach the GM School Board and Municipalities for tax contributions or support. Manager McFadden stated it was implied in a recent mailing but in October they would have a follow up letter to local officials with more details.
Other Old Business:
Mayor Rhodes noted that there were still openings on the Zoning Hearing Board and Water Authority and Municipal Authority. Applications have been received for the Authorities and interviews are in progress.
Communications:
NEW BUSINESS:
Special meeting is scheduled for September 29th at 6:30 p.m. prior to Committee of the Whole meeting to award bids for window and roof replacements that has been advertised and will be opened September 26th.
Councilmen Jean Davis asked about Halloween in the Borough. This year October 31st is on a Friday and we usually have it from 6-8 p.m. Mayor Rhodes recommended having it as usual on October 31st unless the Manager found it was a conflict on the High School calendar.
Being no further business, Mayor Rhodes asked for adjournment.
Robert Gray motioned for adjournment and the meeting was adjourned at 8:45 p.m.
ATTEST:
__________________________ _____________________________
Manager E.R. Buck McFadden Mayor Caroline Rhodes
HIGHLIGHTS
September 22, 2003
· Payment of bills
· Payment of payroll
· Resolution 12-2003 Police contribution to Pension
· MMO’s Police, Non uniform DB, & DC
· .
POSTPONED
· Indecency Ordinance 502 - Ordinance Review Committee
· Grease Ordinance – Ordinance Review Committee
· Garbage & Recyclable Collection & Burning Ordinance – DUMPSTERS - Ordinance Review Committee
· Codification – Ordinance Review
· Building renovations – Building, Streets, & Grounds Committee
UPCOMING MEETINGS:
· Building, Streets, & Grounds – Storm sewers, building renovations
· Ordinance Review Committee - (Indecency Ordinance & Codification & Grease Ordinance & Garbage & Recyclable Collection & Burning Ordinance) –Sept 29th 6:30 p.m.
· Finance Committee – October 6th 1:30 p.m.
· Authority Meeting – October 13th 5 p.m.
· Personnel Committee –
· EMTA 9/24 6:30 p.m.
· Watershed September 30th 3:30p.m. at EUP
· Public Safety Committee Oct 6th 6:30 p.m.
HOME RULE BOROUGH OF EDINBORO COUNCIL MEETING
September 22, 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 _____, Mary Ann Horne ____, Paul Snyder ____, Mayor Caroline Rhodes ___, Manager McFadden ____, Solicitor Marsh __
III. Approval of Minutes:
A. Minutes of Regularly Scheduled Meeting September 8, 2003. ACTION: Motion to approve minutes
IV Persons Requesting Time to Address Council
A. Jon Foulkrod, Washington Township Council liaison
1. Finance Committee - Mary Ann Horne, Chair Met September 15, 22, 8th 1:30 p.m.
2. Ordinance Review Committee - Jean Davis, Chair – Ordinance, Grease Ordinance, and Public Indecency Ordinance 502, Refuse, Recycling & Burning Ordinance still in committee – Meet Committee Whole Sept 29th 6:30 p.m. discuss dumpsters
3. Personnel Committee – Bob Cannell, Chair – to interview applicants September 10th and September 22nd.
4. Recreation/Lake/Environment – Mary Ann Horne, Chair
5. Public Safety – Paul Snyder, Chair – Meeting Oct 6th 6:30 p.m.
6. Street, Buildings, and Grounds – Chris Gillette, Chair –Working on Bathhouse; Review of Billings Park for possible acceptance as donation to Borough; Storm Sewers including Granada Drive; and Capital Projects building – Met September 15th 6:30 p.m.
7. Committee of the Whole - Mayor Rhodes –Meeting Sept 29th regarding dumpsters 6:30 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 – oral report from Council members Bob Cannell and Mary Ann Horne
3. Borough of Edinboro v. City of Erie - Nothing new to report
4. Billings Park – Letter from Solicitor - FYI
5. Bewley – nothing to report
C. Manager's Report:
1. Manager
a) MANAGER INSTRUCTED TO:
· Any pertinent information from EHB is received notify all Council members
· Meet with Ordinance Review regarding sign ordinance & admin section of recodification
· Add EUP calls to EVFD data 1999 - 2003.
· Meet with residents on Granada Drive about storm sewers and/or swales
·
b) Letter on Meeting of August 27, 2003 on traffic control – FYI
c) Letter to District Attorney regarding K-9 Unit “grant” commitment - FYI
3. Finance
a) Authorization to Approve Bills, to be paid
Action: Motion to approve bills totaling $ 225,815.26 includes payoff of Tax Anticipation Note of $170,000.
b) Authorization to Approve Payroll
Action: Motion to approve payroll ending September 13, 2003 paid on September 19, 2003 totaling $ 52677.84
c) Resolution 12-2003 – Police contribution toward Pension 2004 – ACTION Motion to adopt Resolution 12-2003
d) Motion to approve MMO’s for 2004 – ACTION: POLICE MMO $118,460; Defined Benefit Non Uniformed $ 45,985; Defined Contribution $12,927
4. Personnel
a) Advertised Public Works Employee vacancy
5. Public Safety
a) Emergency Management
1) Communication inventory & plan to be included in EMPlan
b) Emergency Medical Service (EMS)
c) EVFD
d) Police
e.) Employee Safety Committee
6. BOCA Code/Planning/Zoning
a)
7. Public Works
a) Sanitation
b) Building & Property
c) Streets/Storm Sewers/Signals/Signs
1) Washington Township – review of 6N stormwater diversion – FYI
d) Park & Recreation
e) Lake
f) Dam
g) Recycling Leaves
8. Wastewater Collection & Treatment
9. Water System
10. 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 (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. Community Map Project – Mary Ann Horne & Bob Cannell
10. GEAR – Bob Gray
11. Authority – Jean Davis
12. Pension Committee – Paul Snyder
13. EUP Administration – Mayor Rhodes
14. Local Group Liaison – Mary Ann
15. Watershed Association – Caroline Rhodes Met September 9th FYI
16. Joint Municipal Planning – Chris Gillette- Met September 10th 7p.m. – held general orientation and discussion with consultants Graney, Grossman, Ray, Colossimo, and Associates.
17. Library Steering Committee – Manager McFadden Met Sept. 9th
E. Other Old Business
1. Openings on Zoning Hearing Board & Water Authority & Municipal Authority in 2003 - Applications received for vacancy on Water Authority and Sewer Authority – Personnel Committee to interview
A. Erie County Flag Foundation – FYT
B. Waste Age.com article from Lorie Bearfield – regarding dumpsters - FYI
C. Thank you from Bruce Shrout regarding Braeloch Streetlight project – FYI
D. Letter to Mayor from Dennis Tomczak - FYI
VII New Business
A. Special Meeting 6:30 p.m. September 29th to award bids for window and roof replacements – advertised - FYI
VIII Adjournment
REMINDERS:
Finance Committee Meeting Sept 15 and 22 1:30 p.m.
Personnel Committee Sept. 22nd 6:15 p.m.
Special Council Meeting award bids Sept 29th 6:30 p.m.
Council of the Whole - dumpsters Sept 29th 6:45 p.m.
Watershed Association September 30, 2003 3:30 p.m.
Public Safety Meeting Monday, October 6th 6:30 p.m.
Joint Municipal Planning Commission Wednesday, October 8th 7 p.m.
Next Council Meeting Monday, October 13th 7 p.m.
Authority Meeting Monday, October 13, 2003 5:00 p.m.
2003 Council Meeting Schedule:
September 29th 6:30 p.m.; October 13, October 27, November 10, November 24, December 8 at 7:00 p.m. and December 22 @4.30 p.m.