Regular Meeting                                                                                                                         November 18, 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, Julie Maggio, and Peter Dion.

 

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. Kujawa and seconded by Mr. Curtis to approve payment of the weekly General Fund bills in the amount of $157,424.49.  Motion carried by unanimous roll call vote.

 

A public hearing was held on the following petitions requesting a change in zoning classification:

 

Roger Zurn, for property located at 3321 Zuck Road, now zoned “A” Residence District, asking for a change of classification to “B” Residence District.

 

Mrs. Maggio, Asst. Code Enforcement Officer, reported that the Millcreek Township Planning Commission recommended approval and Erie County Planning stated that the rezoning is generally consistent with the Erie County Comprehensive Plan.  Millcreek Township’s Comprehensive Plan shows single family.  On the same side of the street there is single family zoning and on the other is “A” Residence according to Mrs. Maggio.  There are multi-family dwellings in the area but they were grandfathered in.

 

Roger Zurn, 15 Niagara Place, appeared on behalf of the petition.  His plan is to subdivide part of this lot and rezone it to “B” Residence.  It would not sell as a single family because of all the multi-family dwellings across the street.

 

It was moved by Mr. Kujawa and seconded by Mr. Curtis to approve the rezoning for 3321 Zuck Road from “A” Residence to “B” Residence District.  Motion carried by unanimous roll call vote.

 

Joseph P. Herbert, Ronald C. and Brenda J. Bennett, for property located at 4341 West Ridge Road, now zoned “C” Business and “A” Residence Districts, asking for a change of classification of the “A” Residence portion to “D” Residence District.

 

Mrs. Maggio reported that the Millcreek Township Planning Commission recommended denial and Erie County Planning stated that the rezoning is generally consistent with the Erie County Comprehensive Plan.  Millcreek Township’s Comprehensive Plan shows multi-family.  No one appeared on behalf of the petition.

 

Judy Jackson, 2836 Country Lane, appeared in opposition.  They are happy with the peaceful, beautiful and private area and they don’t need the apartments.  Country Lane is a private road maintained by the three families who live on it.

 

Mary Kay Kalivoda, 4403 West 28th Street, appeared in opposition.  County Lane is a very narrow lane maintained by the people who live on that road.  If apartments are built, there would be no ingress or egress except on Country Lane which could not handle that amount of traffic.  There is no place for children to play so they would end up on the West 28th Street cul-de-sac.  Also, there are no sewers on Country Lane.  She urged the Board to keep the zoning as is.

 

Mr. Kujawa felt that this property seems too small to do what is planned, considering the poor condition of Country Lane.

 

Mr. McGrath said his concern is the access to Country Lane; even if it were developed as single-family, the parcel could not be subdivided as long as Country Lane is private.  Unless Country Lane is improved at some point in time, the only way this property could be developed is if it had access out to West Ridge Road. 

 

Mr. Curtis said development of this property is difficult with the car wash located where it is. 

 

It was moved by Mr. Kujawa and seconded by Mr. Curtis to deny the petition.  Motion carried by unanimous roll call vote.

 

It was moved by Mr. Curtis and seconded by Mr. Kujawa to approve the enactment of Ordinance No. 2008-10; an Ordinance repealing Ordinance No. 78-12, as amended, which established and provided for collection and administration of the occupational privilege tax, and establishing and providing for the imposition, collection and administration of a Local Services Tax as authorized by the Local Tax Enabling Act.  The Board will increase the LST from $10.00 to $52.00 ($5.00 of which goes to the School District) using the additional funding for support of the volunteer fire departments in hopes of recruiting and retaining volunteers and helping to offset some of their expenses.  Motion carried by unanimous roll call vote.

 

On the recommendation of the Engineering Department, it was moved by Mr. Curtis and seconded by Mr. Kujawa to deny the request of Citadel Development Company for the release of PNC Bank Letter of Credit 00260622-00-000 in the amount of $69,972.00 for Oak Hill, Phase I.  Items remaining to be completed include sidewalks and monumentation.  Motion carried by unanimous roll call vote.

 

It was recommended by the Engineering Department, moved by Mr. Kujawa and seconded by Mr. Curtis to approve the release of PNC Bank Letter of Credit 00236936-00-000 in the amount of $34,267.00 for Shenandoah Meadows No. 2 (Pastore, Inc., developer).  All public improvements were completed in accordance with Township specifications.  Motion carried by unanimous roll call vote.

 

It was recommended by the Engineering Department, moved by Mr. Curtis and seconded by Mr. Kujawa to approve the release of PNC Bank Letter of Credit 00257084-00-000 in the amount of $16,942.00 for Shenandoah Meadows No. 3 (Pastore, Inc., developer).  All public improvements were completed in accordance with Township specifications.  Motion carried by unanimous roll call vote.

 

It was moved by Mr. Kujawa and seconded by Mr. Curtis to approve the adoption of Resolution 2008-R-39; a Resolution to accept as public streets of the Township of Millcreek:  Providence Way from the east line of Shenandoah Meadows No. 1 to the south line of Shenandoah Meadows No. 2, and Heritage Drive from the south line of Shenandoah Meadows No. 1 to the east line of Shenandoah Meadows No. 3.  Motion carried by unanimous roll call vote.

 

Mr. McGrath presented the October Building Construction Report as follows:

 

            Total Residential Structures                                               $1,402,239.00

            Total Non-residential Structures                                         $1,970,721.00

                                                                                                $3,372,960.00

 

            Zoning Permits Issued                                                                    34

            Zoning Permit Fees                                                          $      8,250.00

 

It was recommended by Treasurer Wolf, moved by Mr. Curtis and seconded by Mr. Kujawa that Susan Bardo, Phyllis Vollbrecht, and Gerald Wolf be permitted to attend a dotGrants seminar which is the new system PennDOT will use beginning in January of 2009 for submission of Liquid Fuels and other DCED reports.  There is no charge for the seminar.  Chairman McGrath 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. Curtis and seconded by Mr. Kujawa to accept the resignation of full-time dispatcher Leanna Catania effective November 18, 2008, and that she be retained as a part-time dispatcher.  Chairman McGrath 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. Curtis and seconded by Mr. Kujawa to accept the resignation of dispatch trainee Richard E. Moore.  Chairman McGrath 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. Curtis and seconded by Mr. Kujawa to employ Edward Mascaro as a part-time dispatcher effective November 18, 2008.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote. 

 

It was recommended by Deputy Chief Carlotti, moved by Mr. Curtis and seconded by Mr. Kujawa to approve Andrew D. Kilmer for training in the Communications Center.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

Mr. McGrath reported that yesterday the COG made their second attempt to open bids for rock salt.  No bids were received.  This allows municipalities to go to the open market to purchase rock salt.  An agreement is in place with PennDOT for the purchase of rock salt.  However, information has been received from American Rock Salt (the company Millcreek Township purchased rock salt from over the last six years) offering rock salt at $75.00 per ton delivered.  This is less than what PennDOT offered.  It was moved by Mr. McGrath and seconded by
Mr. Curtis to enter into an agreement with American Rock Salt to purchase approximately 3,500 tons of rock salt and that the Chairman 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. McGrath and seconded by Mr. Kujawa that Mark Wells and Stephen Sharie be permitted to attend a water and waste water systems seminar in Meadville, PA on December 4, 2008 at no charge.  A Township vehicle will be used for transportation.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

It was moved by Mr. McGrath and seconded by Mr. Curtis that Alfred Behr be permitted to attend Asphalt Plant Operating class at Penn State from January 28 to 30, 2008 at the cost of $498.00.  This will enable him to secure his Level 1 Plant Technician certification.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

It was moved by Mr. McGrath and seconded by Mr. Kujawa to employ Patrick Scutella (former summer help) in the Sewer Department over the Christmas holiday season.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

Mr. Kujawa said that recently the Board of Supervisors considered a consolidation plan for the fire departments.  He announced that as of January 1, 2009, Lake Shore Fire Department will be the sole responsibility of Fairview Township.  Attorney Adair advised the Board that the agreement with Lake Shore Fire Department should be terminated and to amend the agreement with West Lake Fire Department to extend their services.

 

It was moved by Mr. Kujawa and seconded by Mr. Curtis to approve Resolution 2008-R-40 for the submission of a grant application to the Gaming Authority for improvements to the RELCO system in Millcreek Township and five contiguous municipalities.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

William Perry, Foreman of Buildings and Grounds, received the following quotations on a new 11 hp trac-drive snow blower and cab:

 

            Forest Park Garage                                                          $2,788.00

            Miller Brothers                                                               Out of stock

            Street Track and Trail (Meadville)                                      Out of stock

            Hector Sales (Jamestown, NY)                                           $2,945.00

 

It was moved by Mr. Kujawa and seconded by Mr. Curtis to approve the purchase of the snow blower from Forest Park Garage for $2,788.00.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

Mr. Perry also received quotations for a 1,000 gallon poly tank to replace the steel tank used for the gas wells in the back of the Municipal Building:

 

            Tractor Supply                                        $640.00  -  pick up

            Seneca Mineral                                       $970.00  -  pick up

            North Penn (Warren, PA)                          $637.34 + $85.00/hour for delivery

 

It was moved by Mr. Kujawa and seconded by Mr. Curtis to purchase the tank from Tractor Supply for $640.00.  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 and seconded by Mr. Kujawa that a representative from the Engineering Department be permitted to attend a Stormwater Requirements for Development program sponsored by the Erie County Conservation District Office on December 11, 2008 at the cost of $11.00.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

Lou Arcovio, 3927 Vista Drive, appeared to ask if the letter was sent to the Erie Water Authority that he asked about at last week’s meeting.  Mr. Curtis replied that it had not been sent because there was still some information needed; however, the Board instructed Mr. Riedesel to send what he had.  He and other residents are quite upset to read about the Millcreek Water Authority considering the construction of a water intake plant and the $47,000 expenditure for an engineering study of the same.  Mr. Arcovio said they would like to get answers to some questions and asked if they should try to get answers from Mr. Riedesel or the Supervisors.  Mr. McGrath said the Water Authority meetings are open to the public.  When they attend, Mr. Arcovio said they are asked to submit their questions before any business is attended to and the Authority will reply in writing within several weeks and frequently they do not get answers to the questions that were asked.  The construction of a water treatment plant would certainly not help to lower their rates, but will increase them. 

 

Mr. Curtis replied that he is on board to look at consolidating with Erie Water Works to see what they would charge to serve those 6,000 Millcreek residents directly.  He thinks the Millcreek Water Authority approved the $47,000 engineering study expenditure hoping that an intake plant would ultimately reduce these rates. 

 

Mr. Arcovio stated there is a lack of communication between the Authority and the public and they are the users.  The residents need someone on the Board who will communicate with them.  Mr. McGrath feels that maybe the Authority would respond to them as to changes in the openness of their meetings.  The Board of Supervisors should consider a person the Cheaper Cleaner Water Task Force submitted to the Board last year who is very qualified to serve on the Authority.  Mr. Arcovio feels it would be advantageous to have a person on the Authority who knows all about water treatment, and he’s not certain all the people on the Authority do. 

 

Mr. Kujawa addressed the delay in the study which was caused solely because of water issues with Summit and McKean Townships.  The same person working on the intake study was told to work on the issues with Summit and McKean.  Mr. Kujawa said there is between $400 and $500 million the Erie Water Authority is indebted to the residents of Erie and Millcreek they serve.  The lines in Millcreek are undersized; some of which on the north side would collapse in the event of a large fire.  The number of fire hydrants on City lines compared to Millcreek’s should be considered also.  The study just may show that an intake plant is needed. 

 

Roy First, 4103 Vista Drive, appeared to say that the 6,000 residents on Millcreek water would like something done, and done now.  They are charged 60 percent more than the 14,000 residents who are serve by the Erie Water Works.  He understands the Erie Water Authority could take over the Millcreek Water Authority and furnish water for all Millcreek residents for the same price as being charged to Erie Water Authority customers.  Mr. McGrath said this is the second week the Board has heard this and if this is in writing someplace, he would like to see it.  Mr. First recommended a merger of the two systems which would reduce the cost of water for the 6,000 Millcreek residents and also so the Erie Water Authority could easily promote the ample water supply to prospective businesses outside the Erie County area.  He thanked the Millcreek Water Authority members who freely give of their time to serve.  Mr. First also had issues with George Riedesel who he feels is an obstructionist with his own agenda at the expense of Millcreek community.  With that in mind, he asked the Supervisors what action could be taken to remove him from office.  Mr. McGrath stated that would be a Millcreek Township Water Authority decision.

 

Ronald Kolb, 4101 Vista Drive, asked about the statement regarding Erie Water Authority having an inferior system.  Mr. Kujawa explained that he meant that some of the lines in the north section need to be increased in size.  If two fire trucks were pumping off the same line, some lines would collapse.  Mr. Kolb said that water customers deserve the same rate across the board.  Somehow this should happen. 

 

Mr. McGrath said the Supervisors would prefer to see a lease rather than a merger.  The City of Erie owns the water system and leases it to the Water Works and receives a tremendous amount of money for that lease.  Millcreek would be very hesitant to ever consider giving our system to the City and then have City Council owning our system.  Mr. Arcovio said again that nothing can happen until Millcreek gets a proposal from the Erie Water Authority.

 

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 the meeting adjourned at 10:46 a.m.

 

Phyllis A. Vollbrecht

Assistant Secretary

 

 

APPROVED:    December 9, 2008

 

Brian P. McGrath

Lawrence G. Curtis

Joseph S. Kujawa