Regular Meeting                                                      October 13, 2009

The regular meeting of the Millcreek Township Board of Supervisors was called to order at 9:35 a.m. by Chairman Curtis in the Assembly Room of the Millcreek Township Municipal Building .  Present were Gerald Wolf, Brian McGrath , Lawrence Curtis , Joseph Kujawa , Evan Adair , Esq., Phyllis Vollbrecht, Charles Pierce, Richard Morris, P.E., and Chief Thomas Carlotti.

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. McGrath and seconded by Mr. Kujawa to approve payment of the weekly General Fund bills in the amount of $1,339,810.95 and the Sewer Revenue Fund bills in the amount of $816,731.34.  Motion carried by unanimous roll call vote.

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

MGD Associates, LLC, for property located at 3712 West 12th Street , now zoned
“A” Residence and “B” Business Districts, asking for a change of classification of the
“A” Residence portion of the property to “B” Business District. 

Mr. Pierce reported that the Millcreek Township Planning Commission recommended approval and the Erie County Planning Department made no recommendation.

Bill Bucceri, Coldwell Banker Realtors, 2601 West 26th Street , appeared on behalf of the petition.  Discussion followed on the small square lot which encroaches into the “A” Residential property that is proposed for zoning change.  Mr. Bucceri said the lot is probably paved.  Attorney Adair opined that the Board on its own has not rezoned anyone’s property without the owner asking.  This parcel serves no purpose other than being part of the adjacent bigger parcel and no one knows why it wasn’t included in this rezoning petition.  The Board cannot add it to the petition now.  Mr. Pierce added that if the property were redeveloped, a variance would have to be approved for a planting strip around that lot.

No one appeared in opposition.  It was moved by Mr. Kujawa and seconded by Mr. McGrath to approve the rezoning.  Motion carried by unanimous roll call vote.

Joseph P. Herbert and Tony Campanella, for property located at 3741 West 26th Street, now zoned “A” Business District, asking for a change of classification to “B” Business District.

Mr. Pierce reported that the Millcreek Township Planning Commission recommended approval and the Erie County Planning Department made no recommendation.

Joseph Herbert, Coldwell Banker, appeared representing Tony Campanella, owner of the Brick House Coffee Shop.  Mr. Campanella plans to add fine dining and wine three nights per week.  He is waiting approval of a liquor license.  The property now has three variances:  (1) to serve Pennsylvania wine, (2) for the production and sale of gourmet baked goods, and (3) to allow an apartment on the second floor.  Some of the neighbors opposed the rezoning at the Planning Commission meeting because of parking problems, i.e. parking along Carter Avenue .  A 50/60 foot strip of frontage along Carter Avenue will be paved in the future to increase parking   If rezoned, the coffee shop would not increase the current seating for 30.

Mr. McGrath cautioned against parking along the street in the winter because of the Township ordinance prohibiting that.   Mr. Kujawa expressed concern about the parking and that rezoning the property would cause more problems.  Mr. Herbert pointed out that the building would not be expanded or the seating increased. 

Discussion followed on whether the variances follow with the property even after it is rezoned.  A determination was not made and it may require the owner to re-apply for a variance.

No one appeared in opposition.   It was moved by Mr. McGrath and seconded by Mr. Curtis to approve the rezoning.  Voting yes:  McGrath, Curtis.  Voting no:  Kujawa.  Motion carried 2-1.

It was recommended by Engineer Morris, moved by Mr. Kujawa and seconded by Mr. McGrath to approve a 60-day extension on the Land Development Plan for the Sand/Salt Storage Facility at the Erie International Airport at West 12th Street and Asbury Road .  Motion carried by unanimous roll call vote.

It was recommended by Engineer Morris, moved by Mr. Kujawa and seconded by Mr. McGrath to approve the release of PNC Bank Letter of Credit S220467NWP in the amount of $56,459.00 for Asbury Woods Estates No. 2 (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. McGrath and seconded by Mr. Kujawa to approve Resolution 2009-R-38; a resolution to accept as public streets of the Township of Millcreek:  Thoroughbred Loop from the west line of Asbury Woods Estates No. 1 to the south line of Asbury Woods Estates No. 3, Thoroughbred Loop from the south line of Asbury Woods Estates No. 1 to the south line of Asbury Woods Estates No. 3, Colt Lane from the center line of Thoroughbred Loop to the center line of the cul-de-sac, Winners Circle from the south line of Asbury Woods Estates No. 1 to the center line of the cul-de-sac, and Lawndale Drive from the center line of Thoroughbred Loop to the east line of Asbury Road Estates No. 3.  Motion carried by unanimous roll call vote.

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

            Total Residential Structures                                               $3,688,100.00
            Total Non-residential Structures                                         $   170,276.00
                                                                                              $3,858,376.00

            Zoning Permits Issued                                                                   37
            Zoning Permit Fees                                                          $     11,950.00

 It was moved by Mr. McGrath and seconded by Mr. Kujawa to approve a one-year associate membership agreement with the Westmoreland County Council of Governments for $175.00 so that Millcreek Township can piggyback on their contracts.  Millcreek recently purchased two Streets Department trucks through that contract.  There being no public comment, the motion carried by unanimous roll call vote.

Mr. Kujawa reported that recently the Streets Department needed more trucks for hauling asphalt so he received the following quotations:

            Long Hauling and Excavation, Inc. (tri-axle not available)
            Afton Trucking and Excavation (only single axle available)
            Rodger Niemeyer Trucking (two tri-axles available)

It was moved by Mr. Kujawa and seconded by Mr. McGrath to award the contract to Rodger Niemeyer Trucking at the cost of $65.00 per hour (truck and driver).  There being no public comment, the motion carried by unanimous roll call vote.

The following quotations were received on materials only for the replacement of the water line from the hot box to the clubhouse which has suffered three breaks this summer:

            Trumbull Industries                                              $2,789.96
            Legion Wholesale Supply Company                         $2,791.74
            L/B Water Service, Inc.                                        $2,932.98
            Green Distributors Company, Inc.                           Could not supply all material

It was moved by Mr. Kujawa, seconded by Mr. McGrath, to purchase the material from Trumbull Industries for $2,789.96.  Township employees will install the water line.  There being no public comment, the motion carried by unanimous roll call vote.

It was recommended by Charles Pierce, Zoning Code Administrator, moved by Mr. McGrath and seconded by Mr. Kujawa to approve a six-month extension of time on behalf of Millcreek Town Center .  Millcreek Town Center appealed to the Zoning Hearing Board for a parking space variance which was granted.  Due to issues not in their control, they were not able to meet all the requirements for issuance of a permit.  The new deadline to obtain a zoning permit is April 29, 2010 .  There being no public comment, the motion carried by unanimous roll call vote.

On the recommendation of Chief Carlotti, it was moved by Mr. Curtis and seconded by Mr. McGrath that bomb technicians Patrolmen Donald Wells and Ryan Mays be permitted to attend a training session at the Pennsylvania State Police Academy in Hershey , Pennsylvania on October 14, 2009 .  The training is free of charge but they will travel by Township vehicle and have associated costs of approximately $300.00.  Patrolmen Wells and Mays will become certified to present this training to the rest of the Department.  There being no public comment on the matter, the motion carried by unanimous roll call vote.

Chief Carlotti received the following quotations to purchase nine Bushmaster M4 Patrolman A3 carbine rifles with accessories for use in the patrol cars:

            Jerry’s Sports Center                                $817.95 each, total of $7,361.55
            Markl Supply Company                             $837.50 each, total of $7,537.50
            The Officer Store                                     $871.98 each, total of $7,847.82

It was moved by Mr. Curtis and seconded by Mr. McGrath to approve the purchase of the rifles from Jerry’s Sports Center for $7,361.55, and that the $8,475.00 from the sale of 35 weapons in August be utilized for the purchase of the M4 carbines and  related vehicle mounts and locking devices.  There being no public comment, the motion carried by unanimous roll call vote.

There being no citizens to be heard or further business to come before the Board, it was moved by Mr. McGrath and seconded by Mr. Kujawa to adjourn the meeting.  The motion carried and the meeting adjourned at 10:05 a.m.

                                                                        Phyllis A. Vollbrecht
                                                                        Assistant Secretary

APPROVED:    October 20, 2009

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