Regular Meeting                                                                                                                         August 12, 2008

 

 

The regular meeting of the Millcreek Township Board of Supervisors was called to order at 9:30 a.m. by Chairman McGrath in the Assembly Room of the Millcreek Township Municipal Building.  Present were Gerald Wolf, Lawrence Curtis, Brian McGrath, Joseph Kujawa, Evan Adair, Esq., Phyllis Vollbrecht, Richard Morris, P.E., and Chief Richard Andrews.

 

Following the Pledge to the Flag, Chairman McGrath called for public comment on agenda items other than development or rezoning applications.  No comments were received.

 

It was moved by Mr. Curtis and seconded by Mr. McGrath to approve the minutes of the meeting of August 5, 2008.  Voting yes:  Curtis, McGrath.  Mr. Kujawa was on vacation.

 

It was moved by Mr. Kujawa, seconded by Mr. Curtis, to approve payment of the weekly General Fund bills in the amount of $186,127.33.  Motion carried by unanimous roll call vote.

 

Mr. McGrath presented the Building Construction Report for July as follows:

 

            Total Residential Structures                                               $2,216,604.00

            Total Non-residential Structures                                         $3,515,286.00

                                                                                                $5,731,890.00

 

            Zoning Permits Issued                                                                   48

            Zoning Permit Fees                                                          $    17,050.00

 

It was recommended by Treasurer Wolf, moved by Mr. Curtis and seconded by Mr. Kujawa to approve a contract with the Department of Community and Economic Development for a $40,000.00 grant to be used for the purchase of two police cars, and that the Chairman and Secretary be authorized to sign the same.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

It was moved by Mr. Curtis, seconded by Mr. Kujawa, to approve the re-appointment of Mr. McGrath to serve a three-year term on the Erie County Signing Region Trust Board commencing July 1, 2008.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

Mr. McGrath reported that Streets Department Foreman Clifford Joslin received the following emergency quotations for a fallen tree after a recent storm:

 

            Dibble Tree Service                                                         $850.00

            Jake Thomas Tree Service                                                 $550.00

 

It was moved by Mr. McGrath and seconded by Mr. Curtis to approve the removal of the tree by Jake Thomas Tree Service for $550.00.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

Chief Andrews requested permission for the Building Maintenance Department to post temporary “No Parking” signs for the Juvenile Diabetes Walk on September 21, 2008 at
9:30 a.m.  Walkers will depart Rainbow Gardens parking lot, travel east on West 6th Street, and proceed north on Peninsula to Presque Isle State Park.  The Police Department will provide officers for traffic control and security.  It was moved by Mr. Curtis and seconded by Mr. Kujawa to approve the request.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

On the recommendation of Chief Andrews, it was moved by Mr. Curtis and seconded by Mr. Kujawa that Cpl. David Edwards be permitted to attend a Bushmaster certification course on September 18 and 19, 2008 at the Bethel Township Police Department.  Completion of this course will renew Cpl. Edwards’ certification for three years.  A department vehicle will be used for travel.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

Jeff Shivers, 6027 Estate Drive, appeared before the Board representing the Stormwater Management Committee of the Eagles Condominium Association.  As a follow-up to the previous appearance at a Supervisors’ meeting, they discovered that there have been no plans, plats, drawings or anything submitted, written, or drawn to request the variance regarding their stormwater detention pond.  There is no information anywhere about this variance.  The developer excavated the pond substantially in many areas.  He began construction without notifying Hill Engineering.  The residents are asking that the Supervisors make sure this pond is constructed correctly, and that the Board not reduce either of the two letters of credit until such time as the pond is done correctly.  They are afraid that the pond will be done in such a minimal standard that maintenance and insurance costs will financially effect the well-being of the association. 

 

Mr. Shivers also told the Board that the contractor cut the electric cable during excavation for this project knocking out part of the Millcreek Mall, part of Route 99, and the Township’s lift station.  Mr. Shiver suspects that a violation of Act 187 1996 (Protection of Public Utilities Act) occurred.  Discussion followed regarding requirements of the one call system and Attorney Adair opined that enforcement lies with the State.

 

Mr. McGrath said the Board acted months ago in granting the variance on the recommendation of the Township Engineer who acted on the recommendation of Hill Engineering. 

 

Engineer Morris said he met with Tim Wells and an inspector from Hill Engineering at the site and found the contractor moving a lot of earth so there was nothing to inspect.  Had it been an earthen embankment being constructed, it would have been inspected.  That pond does have erosion and sedimentation controls in it.  He understands that some of the neighbors are upset about the stench from some of the soils and rotting vegetation, but Millcreek Township does not control that.  Henry T. Welka and Associates, re-designer of the flood detention basin, has not provided a drawing of the pond.  Engineer Morris feels the Township has done all they can at this point.  The Township does not control calls to One-Call; it’s totally up to the contractor. 

 

Engineer Morris said that the grades of the pond are very carefully inspected and if the pond is deeper than originally designed, the Township would not accept it unless there was a design change and it became a flood retention basin; and any of the vegetation called for on all the slopes which is always required must be established before the pond is accepted.  There is no way a pond would be accepted without at least 85% of the vegetation in place.  Engineer Morris assured the residents that this pond will not be accepted until it does meet the inflow requirements, the invert elevations, vegetation, and many other requirements. 

 

Mr. Shivers explained that the residents understand the above, but with the way the development has progressed, they are very skeptical.  He urged the Board not to reduce the Letters of Credit at all until the pond is done right.  Mr. McGrath said every developer is held to the same standard so these Letters of Credit will not be reduced or released until all improvements have been completed.  He also stated that when the drawings come in, they will be looked at very closely and if it appears to be more of a significant change than what the Board was led to believe by Hill Engineering, the Board will review the variance. 

 

There being no other citizens to be heard or further business to come before the Board, it was moved by Mr. Kujawa and seconded by Mr. Curtis to adjourn the meeting.  The motion carried and adjournment was at 10:07 a.m.

 

Phyllis A. Vollbrecht

Assistant Secretary

 

 

APPROVED:    August 19, 2008

 

Brian P. McGrath

Lawrence G. Curtis

Joseph S. Kujawa