Regular Meeting                                                                              June 16, 2009

The regular meeting of the Millcreek Township Board of Supervisors was called to order at 9:34 a.m. by Chairman Curtis in the Assembly Room of the Millcreek Township Municipal Building .  Present were Gerald Wolf, Lawrence Curtis , Joseph Kujawa , Evan Adair , Esq., Phyllis Vollbrecht, Richard Morris, P.E., and Chief Thomas Carlotti.  Mr. McGrath was on vacation.

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 Board’s May 5, 2009 meeting.  Motion carried by unanimous roll call vote.

It was moved by Mr. Kujawa and seconded by Mr. Curtis to approve payment of the weekly General Fund bills in the amount of $65,486.90 along with payment to Fye Fencing for $15,600.00, and the Performance and Surety Bond Account Fund in the amount of $13,655.00.  Motion carried by unanimous roll call vote.

On motion by Mr. Curtis, seconded by Mr. Kujawa, the Agreement between the Housing Authority of the City of Erie , Millcreek Township , and SMS Golf Enterprises, Inc. to provide golf lessons and playing opportunities at the Millcreek Golf and Learning Center for the youth of Erie County was approved.  Motion carried by unanimous roll call vote.

It was recommended by Engineer Morris, moved by Mr. Kujawa and seconded by Mr. Curtis to release PNC Bank Letter of Credit S260622NWP in the amount of $69,972.00 for Oak Hill Subdivision, Phase I (Citadel Development Company).  All public improvements were completed in accordance with Township specifications.  Motion carried by unanimous roll call vote.

It was recommended by Engineer Morris to deny the release of PNC Bank Letter of Credit 18100984NWP in the amount of $75,609.00 for Oak Hill Subdivision, Phase II (Citadel Development Company, developer) because there are four remaining lots requiring sidewalks and two remaining street signs.  Engineer Morris recommended release of the letter of credit and to provide the developer with a sidewalk agreement for the remaining four sidewalks as well as the two street signs in the amount of $8,000.00.  Michael Peck, developer, appeared and agreed with signing a sidewalk/sign agreement.  It was moved by Mr. Kujawa and seconded by Mr. Curtis to release the above stated letter of credit after the signing of a sidewalk/sign agreement and provision of $8,000.00.  Motion carried by unanimous roll call vote.  

Engineer Morris recommended release of PNC Bank Letter of Credit 18101903-00-000 in the amount of $10,000.00 held for a sidewalk agreement dated June 14, 2005 for Pebble Creek Subdivision, Phases 1, 2 and 3 (Citadel Development Company).  All public improvements were completed in accordance with Township specifications.  He reported that Shale Lane has no cul-de-sac but extends into Glen Meadows, Phase IV, (a different developer’s subdivision) with financial security being held for the completion of that project.  Because of this situation, Engineer Morris recommended a snow plowing agreement for Shale Lane .  It was moved by Mr. Kujawa and seconded by Mr. Curtis to approve the release of the Letter of Credit with the condition of provision of a snow plowing agreement for Shale Lane .  Motion carried by unanimous roll call vote.

Engineer Morris reported that within the past week, Joseph Palermo, developer of The Eagles, Phase 2, satisfied the requirements approved by the Board at last week’s meeting.  Mr. Palermo submitted a $1,000.00 check for the deposit fund as requested, and a $5,000.00 check as remaining financial security for the FDB and walking trails in Phase 1.  Items completed last week were the removal of silt fence and debris throughout Phase 2.  Engineer Morris recommended withholding the $5,000.00 check as financial security for completion of the other items.  Mr. Kujawa emphasized that Phase 2 is before the Board today, not Phase 1.  Attorney Adair asked Engineer Morris if he is simply confirming with the Board that the conditions set by the Board last week for allowing a reduction in the amount of financial security for Phase 2 have been complied with.  Engineer Morris confirmed that.

Dr. Shivers, 6027 Estate Court , reported the conditions were substantially complied with but construction debris remains.  The flood detention basin is going to be a very serious issue. 
Mr. Kujawa reminded him that the Board is only considering Phase 2 today.  Dr. Shivers said the Association recognized Tim Wells’ letter of conformity – it is a construction letter, not a function letter.  All the Association expects is a dry pond that they can maintain.  He addressed Attorney Adair with the question of when his ruling on what the standards will be for the walking trail.  Attorney Adair said he does not decide what the final configuration of walking trails will be—the Supervisors will determine what, if any, modifications from the original design for the walking paths are going to be allowed.  The Board understands the need for clarity on this issue.  If the Association does not meet with Mr. Palermo soon, he will put in the wood chip trail and leave as told to Association members by Mr. Palermo.  Dr. Shivers said they need to know specifically what the trail would be constructed as or would be required to be constructed as because the trail, as Mr. Palermo has proposed, is uninsurable and unmaintainable.  Mr. Kujawa indicated the Board would discuss the matter with Attorney Adair on Thursday. 

Mr. Kujawa presented the Building Construction Report for May as follows:

            Residential Structures                                                       $   284,000.00
           
Non-residential Structures                                                
$1,749,281.00

                                                                                                $2,033,281.00

 

            Zoning Permits Issued                                                                    28
           
Zoning Permit Fees                                                          $       6,600.00

It was moved by Mr. Kujawa and seconded by Mr. Curtis to contract with Bill Danylko & Son Excavating to fill the hole where the barn was razed at Cassidy Park for $1,000.00.  The hole will be filled with materials already at the site, level it, and remove the concrete slab.  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. Curtis to employ Harry M. Love, III and Mary Lou Love at the rate of $30.00 per hour, maximum of 16 hours each, to work on police dispatch data base information relative to the new 911 Center.  Chairman Curtis called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

The following individuals were approved to work under the Northwest Pennsylvania Work Force Investment Area Youth Services Program through PA Career Link at no cost to Millcreek Township on motion by Mr. Kujawa, seconded by Mr. Curtis:

                        Jonathan Perry – welder in the Streets Department
                       
Robert Shakespeare – Recycling Center
                       
John Koester – Maintenance Department   

 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. Curtis, to approve the posting of a full-time administrative assistant/secretary AFSCME position in the Engineering/Zoning Departments.  Chairman Curtis called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

On the recommendation of Attorney Adair, it was moved by Mr. Curtis and seconded by Mr. Kujawa to retain Attorney Mark Shaw and the firm of McDonald Illig Jones & Britton to assist with the trial and preparation on a condemnation matter involving the Cres Trust property.  Chairman Curtis called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

It was recommended by Chief Carlotti, moved by Mr. Curtis, seconded by Mr. Kujawa, that Cpls. Christopher Hauber and Timothy Fallon be permitted to attend Advanced Meth Lab Investigation Training on June 29 and 30, 2009 at the Franklin Training Center at the cost of $115.00 per officer.  Chairman Curtis called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

On the recommendation of Chief Carlotti, it was moved by Mr. Curtis and seconded by Mr. Kujawa to authorize the payment of $5,713.00 to New World Systems for costs associated with software support on the RS6000 for the remainder of 2009.  The RS6000 is used by the Police Department for mobile data terminal communications.  Chairman Curtis called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

There being no other citizens to be heard or further business to come before the Board, it was moved by Mr. Curtis and seconded by Mr. Kujawa to adjourn the meeting at 9:55 a.m.

                                                                        Phyllis A. Vollbrecht

                                                                        Assistant Secretary

 _______________________________________________________________________________   

APPROVED:    June 23, 2009

Lawrence G. Curtis
Joseph S. Kujawa
Brian P. McGrath