Regular Meeting
The
regular meeting of the Millcreek Township Board of Supervisors was called to
order at
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 payment of the
weekly General Fund bills in the amount of $172,677.22.
Motion carried by unanimous roll call vote.
It
was moved by Mr. Kujawa, seconded by Mr. Curtis, to adopt Resolution 2009-R-20;
a Resolution to amend Millcreek Township’s Fiscal Year 2008 Community
Development Block Grant (CDBG) Program Action Plan.
Motion carried by unanimous roll call vote.
Public
hearing on transfer of Restaurant Liquor License R-1962:
Joe
Zegarelli, owner/operator of Yorktown Giant Eagle, appeared on behalf of the
transfer of a liquor license in
On
the recommendation of Engineer Morris, it was moved by Mr. Kujawa and seconded
by Mr. Curtis to approve the release of Northwest Savings Bank Check 23829 in
the amount of $13,655.00 for Forest Hills Congregation (Asbury Woods
Congregation, developer) at 3604 Asbury Road
. All
public improvements were completed in accordance with Township specifications.
Motion carried by unanimous roll call vote.
On
the recommendation of Engineer Morris, it was moved by Mr. Kujawa and seconded
by Mr. Curtis to approve the release of Erie Bank Cashier’s Check 110311 in
the amount of $16,742.00 for
Engineer
Morris reported the following regarding the Eagles Subdivision:
1.
Phase 1 – the Township is
withholding $79,419 as financial security by PNC Bank Letter of Credit
S254631NWP. Items remaining to be
completed include cul-de-sac at end of
2.
Phase 2 – the Township is
withholding $12,468 as financial security by PNC Bank Letter of Credit
18100211-00-000.
Dr.
Jeffrey Shivers,
“The Eagles
Condominium Association would like to request that the ‘walking trail’
specified for our Association be eliminated.
We have several concerns that could make such a trail unsustainable in
our community.
Our insurance carrier
has previously expressed concerns about both the insurability and liability
issues associated with this trail. The
proposed route meanders through the periphery of our property, and is close to
significant drop offs as well as some of the residences.
There are marshy areas and significant amounts of vegetation that would
have to be removed and maintained. We
are, as of this writing, unsure as to the effect this trail would have on our
insurance premiums/liabilities—if we can get the coverage.
Several landscaping
firms were contacted and asked to bid on maintaining the trail.
No firm would even give an estimate.
Our community does not have the knowledge, equipment or manpower to
maintain this trail. Already our
Association dues have increased 8% for the detention pond maintenance.
We are extremely
concerned about the security aspects of this trail.
Already there has been a group of boys that had what appeared to be a
hand gun. These juveniles were near
the lift station, and then were on the detention pond dam.
The trail would be
extremely costly to build and maintain. Should
a modified plan be considered, we would like financial consideration from the
developer in lieu of the trail so we may meet any future “green space”
requirements that
Dr.
Shivers asked what the standards for construction of this trail are.
On the Glen Eagles plat, it shows specific standards for construction of
the trails that are to go from Glen Eagles to their developer.
For several years promises have been made to repair driveways, to remove
silt fence, and to fix the detention pond with nothing being done.
Finally, the association wants the trails to disappear.
In
2003, the Public and Private Improvements Code provided standards for
construction of walking trails, according to Mr. Kujawa.
He is concerned about access to the green space and what type of plan the
homeowners have. Each homeowner was
aware of the walkway when then bought their home, and each one would have to
sign off if the walkway is eliminated.
Dr. Shivers said the homeowners would be glad to meet with the Supervisors to
come up with an agreement to indemnify the Township for approving an alteration
in the accepted plans.
Mr. Kujawa asked if the money that was supposed to be put into the trails would
be put into the Association for maintenance on other things.
Dr. Shivers said they would take money from one access pipe/swale
mechanism and apply it to the trails and its maintenance.
If there was a surplus, they would escrow it for maintenance for both the
pond and whatever access they put in.
Attorney
Adair stated the Supervisors can approve some or all of what the property owners
want as asked for in the petition and the Board will take it under advisement.
There are many issues remaining on this development.
Again, Dr. Shivers indicated that he is willing to talk with the Board at
any time to discuss the remaining issues. Mr.
Kujawa asked that if all these issues cannot be worked out, could the Township
pull the Letter of Credit to put the money into an interest-bearing account
giving the developer time to remedy the issues but would be insurance to the
taxpayers to get them done. The
Township has exercised its rights to use money against things that need
completed, according to Attorney Adair. If
the Township exercises its rights against a developer’s Letter of Credit, it
receives the money and it can put it in an interest-bearing account.
The nature of this kind of security is that the bank gives its assurance.
The developer has not paid the money in.
It would have to if the Township exercised its rights.
So, by the telling the developer to renew the letter of credit, it saves
money.
Mr.
Kujawa told Engineer Morris to notify the developer that if he does not renew
his Letter of Credit in accordance with the Township’s time frame, at next
Tuesday’s meeting the Board will approve a resolution to pull the letter of
credit. Mr. Curtis would prefer to
table the matter until next week. It
was moved by Mr. Curtis and seconded by Mr. Kujawa to direct the Solicitor to
draft a resolution that the Board may or may not act on at next week’s
meeting. Motion carried by unanimous
roll call vote.
It
was recommended by Treasurer Wolf, moved by Mr. Kujawa and seconded by Mr.
Curtis to approve an additional depository account for 2009 with Erie Bank
(money market savings account). Chairman
Curtis called for public comment on the matter; none was received.
Motion carried by unanimous roll call vote.
It
was recommended by Parks and Recreation Director
Corey
Pentz
Asst. Supervisor/WSI – MIHS Pool $9.50/hour
Robert
Mitchell
WSI – Belle Valley Pool
$8.00/hour
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 a Contractual
Consent with J. D. Diversified, Inc., the successful bidder for the purchase of
the Springfield property, which allows them to enter the property in order to
secure various permits, with a caviat that it cannot be mined until the property
is actually in their possession, and that the Chairman be authorized to sign the
same. Chairman Curtis called for
public comment on the matter; none was received.
Motion carried by unanimous roll call vote.
The
following quotations were received by Buildings and Grounds Foreman William
Perry for three (3) new aluminum entrance doors for the Erie Golf Course
Clubhouse:
Corporate
Glass, Inc.
$5,019.00
Schaal
Glass Company, Inc.
$5,585.00
Hedlund
Glass Company
$7,025.00
It
was moved by Mr. Kujawa and seconded by Mr. Curtis to purchase the doors from
Corporate Glass, Inc. for $5,019.00. 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 that Megan Mitchell be
permitted to work in the Streets Department Office to enter complaint data at
$8.00 per hour, effective
June 4, 2009. 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 and seconded by Mr.
Kujawa that Capt. Randy Faipler be permitted to attend FBI – Law Enforcement
Executive Development Association training in
On
the recommendation of Chief Carlotti, it was moved by Mr. Curtis and seconded by
Mr. Kujawa to approve the payment of $1,853.05 to the City of
On
the recommendation of Chief Carlotti, it was moved by Mr. Curtis and seconded by
Mr. Kujawa that Patrolmen Benjamin Bastow, Adam Hardner, and Kyle Caldwell be
permitted to attend two days of training in high risk vehicle stops offered by
the Northwest Chiefs of Police Association at the Quality Inn on July 13 and 14,
2009, free of charge. 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 approve the donation of a uniformed officer on June 14, 2009
between 9:30 a.m. and 12:30 p.m. to assist with traffic at the entrance to the
Harley Davidson shop of Route 20 for a dice run to benefit the Muscular
Dystrophy Association. Chairman
Curtis called for public comment on the matter; none was received.
Motion carried by unanimous roll call vote.
Mr.
Curtis administered the Oath of Office to new Police Officers Daniel Schupp and
Tony Brocklehurst whose employment began June 1, 2009
Richard
Figaski,
Mr.
Kujawa agreed that the
Mr.
Curtis stated that the loan was going to be put out for bid and he did not have
a vote in that. The loan was for a
conservation estimate of capital projects that might be done in the next few
years. A metering program is in
progress. The Water Authority has to
conduct business as usual during the negotiation process.
Mr.
Kujawa stated that the Board is not trying to delay negotiations. The Chairman
of the Millcreek Township Water Authority is a manager at Penelec.
Penelec employees are on strike now so managers are working 14 hour days.
His participation in negotiations is vital.
Dennis
McWilliams,
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 at 10:38 a.m.
Phyllis A. Vollbrecht
Assistant Secretary
_______________________________________________________________________________
APPROVED:
July 21, 2009
Joseph S. Kujawa