Regular Meeting March 24, 2009

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

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

It was moved by Mr. Kujawa and seconded by Mr. Curtis to approve the minutes of the March 17, 2009 meeting. Voting yes: Kujawa, Curtis. Mr. McGrath was attending a PSATS meeting. Motion carried 2-0.

It was moved by Mr. McGrath and seconded by Mr. Kujawa to approve payment of the weekly General Fund bills in the amount of $24,611.45. Motion carried by unanimous roll call vote.

A public hearing was held on the following subdivision plans and land development plan:

Jeffrey W. Mertz. Subdivision Plan. A subdivision plan to create a 0.479 acre parcel, Lot B-2, located at the northwest corner of West 50th Street and Pittsburgh Avenue in Tract 348.

Engineer Morris reported that the Millcreek Township Planning Commission recommended approval with a request to provide an additional five feet of Pittsburgh Avenue right-of-way along Lot B-2 frontage in accordance with the Township Transportation Plan.

James Welka, Henry T. Welka & Associates, appeared on behalf of the plan. No one appeared in opposition. It was moved by Mr. Kujawa and seconded by Mr. McGrath to approve the plan with the request stated above. Motion carried by unanimous roll call vote.

Carol A. Stein. Subdivision Plan. A subdivision plan to create a 0.468 acre parcel (Parcel A), and a 0.091 acre parcel (Parcel B), located 477 feet ± north of West 26th Street (S.R. 0020) in Tract 20. Said Parcel A and Parcel B are to become an integral part of Erie County Index No. 33-045-266.0-021.00.

Engineer Morris reported that the Millcreek Township Planning Commission recommended approval with a requirement that Parcel A and Parcel B become an integral part of Erie County Index 33-045-266.0-21.00.

Tim Polaski, Urban Engineers, appeared on behalf of the plan. No one appeared in opposition. It was moved by Mr. McGrath and seconded by
Mr. Kujawa to approve the plan with the requirement stated above. Motion carried by unanimous roll call vote.

Terminal Land and Building Corporation. Land Development Plan. A land development plan to construct a 4,422 square foot building expansion with associated parking area located along the east line of Powell Avenue (S.R. 0299) north of West 26th Street (S.R. 0020) in Tract 20.

Engineer Morris reported that the Millcreek Township Planning Commission recommended approval with a requirement for a sidewalk unless waived by the Township Engineer and the Supervisors. He and Mr. Kujawa looked at the site and although sidewalks cannot be constructed along the entire frontage because the Powell Avenue bridge, sidewalks can be constructed from the south property line north to a point north of the guide rail for the bridge which would tie into the wide berm of the bridge. There is no sidewalk on the bridge but there is a wide berm used as a sidewalk.

Tim Polaski, Urban Engineers, appeared on behalf of the plan. PennDOT was contacted regarding the sidewalk because of the way the right-of-way flares out for the Powell Avenue bridge. There is about 40 feet of sidewalk that would be constructed in PennDOT’s right-of-way and tied into the shoulder of Powell Avenue. PennDOT has referred this up to the District Accessibility Compliance Division because the shoulder on Powell Avenue, most likely, is designed with a cross slope of six percent, and ADA compliance dictates that any accessible way can only have a cross slope of two percent. They can design a two percent cross slope but that would tie into a non-compliant pathway. PennDOT might not want to promote this as an accessible path. In other words, Mr. McGrath said, PennDOT could say that no sidewalk is better than a non-compliant sidewalk. When questioned by Mr. Kujawa, Attorney Adair opined that the Board should require compliance with its ordinance. If PennDOT wants to submit, in writing, that it does not want a sidewalk along a State highway, the Board would have to consider it. Mr. Polaski said he would keep the Board informed.

Mr. Kujawa asked about the retention pond in the back. Mr. Polaski said the existing pipe would be intercepted and routed north into a new pond. The pipe size will be in increased so the owner of J & C Trucking could cut off their route to the new pond and put their own facility in should they do any improvements to their property.

Mike Novachek, Ray Fogg Building Methods, 981 Keynote Circle, Cleveland, Ohio, appeared to encourage a vote in favor today.

It was moved by Mr. McGrath and seconded by Mr. Kujawa to approve the plan with the requirement for the sidewalk along Powell Avenue. Motion carried by unanimous roll call vote.

The original contract awarded to Jim Brozell Construction for the 2008 Catch Basin Replacement Project was awarded on October 21, 2008 with an item for additional catch basins. There were six additional basins encountered during the project that needed immediate attention. It was moved by Mr. Kujawa and seconded by Mr. McGrath to approve a change order for six additional catch basins at $644.69 each bringing the total contract amount to $28,366.14. Chairman Curtis called for public comment on the matter; none was received. Motion carried by unanimous roll call vote.

It was recommended by Engineer Morris, moved by Mr. McGrath, seconded by Mr. Kujawa, to approve Change Order No. 3 to extend the completion date to April 30, 2009 on the McDowell Intermediate High School Flood Detention Basin Spillway Reconstruction Project. The change order does not change the original contract amount of $47,400.00. Chairman Curtis called for public comment on the matter; none was received. Motion carried by unanimous roll call vote.

Mr. McGrath reported the following tree trimming quotations received by the Streets Department:

Tree stump across from 413 Clifton Drive:

Dibble Tree Service $ 75.00

Lindenberger Tree Service No response

J. Thomas Tree Service $ 50.00

Tree limb at 413 Clifton Drive:

Dibble Tree Service $150.00

Lindenberger Tree Service No response

J. Thomas Tree Service $125.00

Tree limb at 3135 Spruce Drive:

Dibble Tree Service $ 75.00

Lindenberger Tree Service No response

J. Thomas Tree Service $175.00

It was moved by Mr. McGrath to award the contracts to the low quote in each case. Mr. Kujawa seconded. Chairman Curtis called for public comment on the matter; none was received. Motion carried by unanimous roll call vote.

It was recommended by William Hitchcock, Manager of the Township Garage, moved by Mr. Kujawa and seconded by Mr. McGrath to purchase four (4) new police cars from Day Ford from the Central Westmoreland COG at $23,440.00 each (includes delivery). Chairman Curtis called for public comment on the matter; none was received. Motion carried by unanimous roll call vote.

It was moved by Mr. Kujawa and seconded by Mr. McGrath to advertise for bids for one (1) new plow truck with aluminum dump body and related equipment. Chairman Curtis called for public comment on the matter; none was received. Motion carried by unanimous roll call vote.

It was moved by Mr. Kujawa and seconded by Mr. McGrath that Judy Zelina and Christine Walter be permitted to attend a workshop for guidance on grant application process today at the Erie County Conservation District Office from 12:30 p.m. to 3:30 p.m. and that they be permitted to use their own vehicles. Chairman Curtis 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. McGrath and seconded by Mr. Kujawa to approve an unpaid leave of absence from April 8 to April 11, 2009 for Dispatcher Edward Mascaro. Chairman Curtis called for public comment on the matter; none was received. Motion carried by unanimous roll call vote.

It was recommended by Chief Andrews, moved by Mr. Kujawa and seconded by Mr. McGrath that Patrolmen Matthew Shollenberger and Adam Hardner be permitted to attend a course in advanced vehicle crash investigation at the Erie County Public Safety Building on weekdays from March 30 through April 9, at no cost. Chairman Curtis called for public comment on the matter; none was received. Motion carried by unanimous roll call vote.

It was recommended by Chief Andrews, moved by Mr. McGrath and seconded by Mr. Kujawa that Sgt. Michael Little and Patrolman Robert Bucko be permitted to attend a course conducted by the National Rifle Association for handgun and shotgun instructors in Allentown, Pennsylvania from June 8 through June 12, 2009. Upon completion, the officers will receive certification as firearms instructors from the NRA. Chairman Curtis 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. Kujawa and seconded by Mr. McGrath that the following officers attend courses at the Pennsylvania State Police Northwest Training Center in Meadville, Pennsylvania, at no cost. Travel will be by Department vehicle.

Ground Defense II – April 6 to 9, 2009

Ptlm. Jason Shrader, Ptlm. Aaron Zacherl

Vehicle Equipment – April 28, 2009

Ptlm. David Parmeter, Sgt. Scot Herman, Cpl. Anthony Chimera,

Ptlm. Scott Leone

Close Quarter Combat Shooting – April 29 and 30, 2009

Cpl. Wayne Forcier, Ptlm. Brandon Heynes, Ptlm. Matthew Shollenberger

Vehicle Stop Tactics – May 5 and 6, 2009

Ptlm. Shawn Wills

Auto Theft Prevention – April 15, 2009

Cpl. Anthony Chimera, Ptlm. Ryan Bolash

FOCUS Training – April 16, 2009

Ptlm. Aaron Zacherl

Chairman Curtis called for public comment on the matter; none was received. Motion carried by unanimous roll call vote.

Dennis McAndrew, 1547 High Street, appeared with a concern about cars traveling in his neighborhood blasting their radios. He read that Meadville has an ordinance and equipment to enforce these types of disturbances and wondered how Millcreek handles such situations. Mr. Curtis told him that officers do handle these calls if there are not other priorities.

Chief Andrews informed Mr. McAndrew that officers still try to address any nuisance call, sometimes more successfully than others. An officer’s response may depend on the workload at the time. An officer may use a disorderly conduct citation as a tool. Several years ago, the Board purchase a “noise meter” after concerns with noise but use of it was overruled in the courts. It may be time to revisit the use of such a piece of equipment. Mr. McGrath said the Board gets many calls about this.

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. McGrath to adjourn the meeting. The motion carried and the meeting adjourned at 10:03 a.m.

Phyllis A. Vollbrecht

Assistant Secretary

APPROVED: March 31, 2009

Lawrence G. Curtis

Joseph S. Kujawa

Brian P. McGrath