Supervisor Meeting Minutes April 27, 2010

Regular Meeting April 27, 2010

The regular meeting of the Millcreek Township Board of Supervisors was called to order at 7:02 p.m. by Chairman Kujawa in the Assembly Room of the Millcreek Township Municipal Building . Present were Gerald Wolf, Brian McGrath , Joseph Kujawa , Richard Figaski, Evan Adair , Esq., Phyllis Vollbrecht, and Richard Morris, P.E.

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

It was moved by Mr. Figaski and seconded by Mr. McGrath to approve the minutes of the Board’s April 6, 2010 meeting. Motion carried by unanimous roll call vote.

It was moved by Mr. Figaski and seconded by Mr. McGrath to approve payment of the weekly General Fund bills in the amount of $1,045,704.97 and the Sewer Revenue bills in the amount of $276,683.91. Motion carried by unanimous roll call vote.

Mr. Kujawa presented $50 gift cards to Leslie Stewart, Don Chludzinski and Richard Tullio for their efforts in recycling. This program is sponsored by Walmart and facilitated by the Township.

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

Peninsula Drive Pizza Hut/Five Guys Burgers & Fries Restaurant. Land Development Plan. A land development plan to show the construction of a 5,960 square foot restaurant with associated parking area located along the west line of Peninsula Drive (S.R. 0832) north of West 15th Street in Tract 14.

Engineer Morris reported that the Millcreek Township Planning Commission recommended approval with the following:

Conditions

1. Consolidation of deed (completed).

2. Provide sidewalk easement dedicated to the public.

Requirement

1. Provide sanitary sewer approval letter.

Chad Yurisic, Deiss & Halmi Engineering, 105 Meadville Street , Edinboro , PA , appeared on behalf of the plan and explained in detail the plan for the restaurants. The two restaurants will be within the 5,960 square foot building located on the west side of Peninsula Drive, north of West 15th Street . Storm water will be managed on site. The Highway Occupancy Permits have been issued by PennDOT. The five-foot wide sidewalk proposed along Peninsula Drive is just outside the right-of-way. Sufficient green space is provided. Exterior lights will be arranged and shielded and the trash area will be screened.

It was moved by Mr. McGrath and seconded by Mr. Figaski to approve the Land Development Plan with the conditions and requirement stated above. Motion carried by unanimous roll call vote.

Regarding the enactment of Ordinance No. 2010-3, Mr. McGrath thanked Atty. Adair and Millcreek Paramedic Service (MPS) for their work on the ordinance. One key issue is the importance of calling 911 in an emergency. When a person in an emergency situation calls 911 and the call is dispatched, volunteers all over the Township hear that call and respond immediately, sometimes within seconds. Bypassing the E911 system could increase the possible elimination of a quick response. The Township has a team of trained employees working all through the Township who respond quickly when a call is dispatched.

Bill Haggerty, Executive Director, Emergycare, 1701 Sassafras Street, Erie , PA 16502 addressed the Board with the following statement:

“Emergycare has provided first rate paramedic and ambulance service in Millcreek Township for over 25 years, longer than any other service provider. Emergycare responds to nearly 100 emergencies every day in Erie County and operates 35 ambulances system wide, more than the City of Philadelphia . Currently, over 4,000 residents in Millcreek are members of Emergycare. Just as you have your choice of doctors, hospitals, Emergycare believes that Millcreek Township residents deserve the choice in the ambulance service that they would like to respond to their emergency. Millcreek residents who are members of Emergycare should have the choice of contacting Emergycare and request an ambulance without the possibility of fines or retribution from Township elected officials. Emergycare did not ask for 911 choice in Erie County . Instead, Erie County requested that Emergycare eliminate the seven digit telephone number in favor of the County-wide 911 system. Based on the County’s request, Emergycare asked that Millcreek residents be permitted to choose Emergycare when calling 911 allowing Emergycare to honor its existing membership contracts in Millcreek . Emergycare is proud of its long-standing working relationship with the Erie County volunteer fire departments. Emergycare has no plans to take business from these fire departments. Any ordinance which prevents Emergycare from advertising its seven digit number or which prevents Millcreek residents from calling the seven digit number would be illegal as a violation of the First Amendment in Pennsylvania’s Emergency Medical Services Law, as well as constituting an interference with Emergycare’s existing membership contracts with Millcreek residents. Thank you.”

Brandon Kramer, Executive Director of Millcreek Paramedic Service, 3608 West 26th Street, Erie, PA 16506, corrected Mr. Haggerty’s statement regarding the longest provider of emergency services in Millcreek Township by stating that the longest standing providers of emergency services in Millcreek Township are the Millcreek Township fire departments, in many cases for over 80 years. He then made the following statement:

“When the advanced life support system came into effect, Emergycare was brought in as a vendor to work with the volunteer fire departments in Millcreek Township to provide ambulance service. Eleven years ago, it was decided that that vendor was no longer necessary and the fire departments could do the job themselves. And, that’s where we are today. Always a bone of contention when we talk about choice, I believe in choice when it comes to membership, I believe in choice when it comes to wheel chair service, I believe in choice when it comes to non-emergency wheel chair service. The issue of choice comes into effect when we’re talking about an emergency situation that we’re dealing with public safety. When I go to a hospital, I pick which hospital I go to. When I move to a municipality, I’ve chosen that municipality. If I have an emergency, I go to that hospital’s emergency room. I do not get to choose which physician or which nurse treats me. I go with an inherent understanding that that hospital has made provisions to treat me in a medical emergency. When I request help, I use the 911 system and help is provided. I don’t choose that phone number with the inherent understanding that my community, my elected officials have made that decision and I believe that’s what we’re doing here today and I thank you for that. For eleven years we have had a system with no accountability. We would have ambulances running through this Township to calls in this Township without knowing from where they’re coming and where they’re going. We’re ending that today. This does not mean that Emergycare will no longer answer calls. We will definitely be using them for mutual aid and we’re bringing accountability to our system here in Millcreek Township and I believe we’re finally finishing this after eleven years. So, we will, of course, still be running calls with Emergycare and we will assist them and they will assist us. This is not the end of the world for any relationship, but these relationships are better handled through mutual aid agreements, not marketing promotions that can be done through membership brochures. I think that is irrelevant when it comes to public safety. On behalf of Millcreek Paramedic Service, on behalf of the Millcreek Township volunteer fire departments from which I’m here representing and of course, the present Lake Shore Fire Department who also is one-fifth owner of MPS, I thank you for doing this. This is the final step in our emergency service growth here in Millcreek Township and we look forward to what the future brings. Thank you.”

Lou Aliota, 538 Margo Court , congratulated and thanked all the volunteer workers who have donated their services for so many years. He supports the ordinance.

Mr. Kujawa spoke of his experience a month ago involving the assistance of the Belle Valley Fire Department when he became ill. As Chairman and on behalf of the entire Board, he thanked each volunteer in the Township and those in attendance who support the ordinance.

Merrill Dever, 3333 West 32nd Street , informed the Board that when he was Chief of Police, he suffered a heart attack and was taken to his doctor in Kearsarge by fellow officers and from there was taken by Kearsarge to the hospital. He suffered a second heart attack at home and was taken by West Ridge to the hospital. He knows the value of volunteers and is forever grateful.

It was moved by Mr. Figaski and seconded by Mr. McGrath to approve Ordinance No. 2010-3; an Ordinance establishing regulations to enforce and coordinate determinations by the Township as to provision of police protection, fire protection and emergency medical services; requiring use of the E-911 system and dispatch of authorized providers; defining violations and penalties for violation and containing repealor and severability clauses. Motion carried by unanimous roll call vote.

It was moved by Mr. McGrath and seconded by Mr. Figaski to approve Resolution 2010-R-18; a Resolution to approve the Fiscal Year 2010 Action Plan for the Community Development Block Grant (CDBG) Program. Mr. McGrath explained this year’s CDBG is in the amount of $260,948.00. Motion carried by unanimous roll call vote.

Engineer Morris recommended that the Sight Center of Northwest Pennsylvania located at West 26th Street and Crescent Drive be exempt from a land development plan because the proposed additions are less than 10,000 square feet. It was moved by Mr. McGrath and seconded by Mr. Figaski to approve the exemption. Motion carried by unanimous roll call vote.

It was moved by Mr. Figaski, seconded by Mr. McGrath, to approve the submittal of the Cassidy Park Grant Application to the Department of Conservation and Natural Resources. Motion carried by unanimous roll call vote.

On the recommendation of Engineer Morris, it was moved by Mr. McGrath and seconded by Mr. Figaski to approve the Stormwater Maintenance Agreement for Whispering Woods Estates Subdivision No. 6 (Forest Crossing and Mystic Ridge). The developer will own and maintain the facility. Motion carried by unanimous roll call vote.

It was moved by Mr. McGrath and seconded by Mr. Figaski, on the recommendation of Engineer Morris, to approve the Stormwater Maintenance Agreement for Pittsburgh Commons at West 12th Street and Pittsburgh Avenue . The developer will own and maintain the facility. Motion carried by unanimous roll call vote.

It was moved by Mr. Figaski, seconded by Mr. McGrath, to refer the following petition requesting a change in zoning classification to the Planning Commission for consideration:

Norman M. and Charlotte D. Martin, for property located on the south side of Crabapple Drive in the 5200 block, now zoned “A” Residence District, asking for a change of classification to “B” Residence District.

Motion carried by unanimous roll call vote.

Mr. McGrath announced the following bids received by the Erie Area Council of Governments:

13,000 Square Yards of Reclaiming and Recycling of Tar and Chip Roads

            E. J. Breneman                                                   $8.3500/square yard
            Russell Standard Corporation                                 $4.8850/square yard
            Suit-Kote Corporation                                           $4.2900/square yard

It was moved by Mr. McGrath and seconded by Mr. Figaski to award the contract to Suit-Kote Corporation for $4.29/square yard. Motion carried by unanimous roll call vote.

45,000 Square Yards of Milling (Grinding and Profiling Pavement)

BOCA Construction $1.44/square yard

Swank $0.59/square yard

It was moved by Mr. McGrath and seconded by Mr. Figaski to award the contract to Swank for $0.59/square yard. Motion carried by unanimous roll call vote.

30,000 Square Yards of Slurry Seal

E. J. Breneman $2.3000/square yard

Suit-Kote Corporation $1.7030/square yard

It was moved by Mr. McGrath and seconded by Mr. Figaski to award the contract to Suit-Kote Corporation for $1.7030/square yard. Motion carried by unanimous roll call vote.

8,000 Square Yards of Micro Surfacing

E. J. Breneman $4.1000/square yard

Suit-Kote Corporation $3.1880/square yard

It was moved by Mr. McGrath and seconded by Mr. Figaski to award the contract to Suit-Kote Corporation for $3.1880/square yard. Motion carried by unanimous roll call vote.

2,300 Gallons of Crack Sealing

E. J. Breneman $16.500/gallon

Russell Standard Corporation $13.962/gallon

Suit-Kote Corporation $13.920/gallon

It was moved by Mr. McGrath and seconded by Mr. Figaski to award the contract to Suit-Kote Corporation for $13.920/gallon. Motion carried by unanimous roll call vote.

6,000 Gallons E-12 Emulsified Asphalt

Russell Standard Corporation $2.9970/gallon

Suit-Kote Corporation $2.1180/gallon

It was moved by Mr. McGrath and seconded by Mr. Figaski to award the contract to Suit-Kote Corporation for $2.1180/gallon. Motion carried by unanimous roll call vote.

2,500 Gallons E-8C Cationic Emulsified Asphalt

Russell Standard Corporation $2.4420/gallon

Suit-Kote Corporation $2.1300/gallon

It was moved by Mr. McGrath and seconded by Mr. Figaski to award the contract to Suit-Kote Corporation for $2.1300/gallon. Motion carried by unanimous roll call vote.

4,000 Gallons RS-2 Antionic Patch Oil

Russell Standard Corporation $2.1670/gallon

Suit-Kote Corporation $1.8900/gallon

It was moved by Mr. McGrath and seconded by Mr. Figaski to award the contract to Suit-Kote Corporation for $1.8900/gallon. Motion carried by unanimous roll call vote.

1,200 Tons PG 64-22 Petroleum Asphalt Cement

Russell Standard Corporation $644.00/ton

Suit-Kote Corporation $592.00/ton

It was moved by Mr. McGrath and seconded by Mr. Figaski to award the contract to Suit-Kote Corporation for $592.00/ton. Motion carried by unanimous roll call vote.

Mr. McGrath explained that the Township does not purchase much of the hot mixes but when in a bind, we piggyback on the City of Erie ’s awards. It was moved by Mr. McGrath and seconded by Mr. Figaski to award Vincent Cross the contract in all classes as follows:

            9.5 MM Wearing Course - $58.25
            19 MM Binder Course -     $52.00
            25 MM Binder Course -     $51.00

Motion carried by unanimous roll call vote.

8,000 Gallons Calcium Chloride Solution

Calcium Chloride Sales $0.950/gallon

JMG Enterprise $0.930/gallon

It was moved by Mr. McGrath and seconded by Mr. Figaski to award the contract to JMG Enterprise for $0.930/gallon. Motion carried by unanimous roll call vote.

Mr. McGrath announced bids received for the following for which awards will not be made until the bidding of the trucking and hauling of the same is done:

2-A Sub-base Aggregate

Carmeuse Lime & Stone $15.42/ton

A.C.A. Sand & Gravel $ 7.50/ton

Lakeland Aggregates, Inc. $ 9.50/ton

Type A, Crushed Aggregate AASHTO No. 8, 1-B Limestone

Allegheny Mineral Corporation $21.50/ton

Carmeuse Lime & Stone $17.58/ton

Type A, Crushed Aggregate AASHTO No. 57, 2-B Limestone

Allegheny Mineral Corporation $20.50/ton

Carmeuse Lime & Stone $17.58/ton

Type C, Crushed/Washed AASHTO No. 57

A.C.A. Sand & Gravel $ 8.75/ton

Lakeland Aggregates, Inc. $10.25/ton

Girts Sand & Gravel $ 7.00/ton

Mr. McGrath reported the March Building Construction Report as follows:

            Total Residential Structures                                   $2,150,900.00
            Total Non-residential Structures                             $   731,392.00
                                                                                    $2,882,292.00

Zoning Permits Issued 18
Zoning Permit Fees $ 12,800.00

It was moved by Mr. McGrath and seconded by Mr. Figaski to employ Pat Scutella (start May 10), Nick Posten (start April 28), and Eric Hansen (start May 24) as summer help in the Sewer Department at the appropriate rate. There being no public comment, the motion carried by unanimous roll call vote.

It was moved by Mr. McGrath and seconded by Mr. Figaski to employ Andrew Sweeney (start May 8) as summer help in the Building Maintenance Department at the appropriate rate. There being no public comment, the motion carried by unanimous roll call vote.

Mr. McGrath announced the retirement of Richard Rhoades from the Streets Department after 42 years of service. The Board thanked him for his many years of service to the Township as an excellent equipment operator. Mr. McGrath moved, Mr. Figaski seconded, to employ Joshua Mitchell, 3650 Stough Avenue , to fill the vacancy in the Streets Department.
Mr. Mitchell will start in about two weeks at the appropriate rate. There being no public comment, the motion carried by unanimous roll call vote.

Gary Snyder, Acting Foreman of the Sewer Department, requested permission to purchase a portable welder after securing the following quotations:

            Airgas                                                               $788.00
            General Welding                                                  $689.00
            Welder’s Supply                                                  $689.00

On the recommendation of Mr. Snyder, it was moved by Mr. McGrath and seconded by Mr. Figaski to purchase the welder from Welder’s Supply for $689.00. There being no public comment, the motion carried by unanimous roll call vote.

The following quotations were secured for approximately 25 yards of top soil for use by the Streets Department:

            Gerlach’s                                   $27.00/yard - not screened
            Afton ’s                                      $28.00/yard - not screened
            Kupetz                                       $22.00/yard - screened

It was moved by Mr. McGrath and seconded by Mr. Figaski to purchase the top soil from Kupetz for $22.00/yard. There being no public comment, the motion carried by unanimous roll call vote.

On motion by Mr. Kujawa, second by Mr. Figaski, Daniel Jares was employed as summer help in the Traffic Department to begin May 10 at the appropriate rate. There being no public comment, the motion carried by unanimous roll call vote.

Streets light bills will be mailed by the end of May, according to Mr. Kujawa. There has been an approximate ten percent (10%) increase due to Act 129 of 2008. The Township was advised that the increase was implemented in 2010 to run through 2013. To meet the requirements of Act 129 of 2008 passed by the Pennsylvania legislators and signed into law by the Governor, Penelec will offer energy efficiency programs designed to reduce customers’ annual electricity use and peak demands for electricity. As mandated by Act 129, the programs cost are being funded through customer rates. The energy efficiency charges included in the street light charges will be approximately ten percent (10%) of the street lighting assessment. Mr. Kujawa encouraged residents to call their legislators regarding this increase, not the Supervisors.

On motion by Mr. Figaski, second by Mr. McGrath, Brock Michael Phillips was approved as a part-time dispatcher in the Communications Center , retroactive to April 15, 2010, at the appropriate rate. There being no public comment, the motion carried by unanimous roll call vote.

It was moved by Mr. Figaski and seconded by Mr. McGrath that Cpl. David Parmeter and Cpl. Robert Bucko be permitted to attend Investigation of Financial Crimes training sponsored by the Western Pennsylvania Chapter of the FBI National Academy Associates in Erie on May 6, 2010 at the cost of $50 each. There being no public comment, the motion carried by unanimous roll call vote.

Paul Vojtek, 5072 Westbury Farms Drive, CEO of Erie Water Works, appeared before the Board to assure the Board that the financial condition of Erie Water Works is just fine. Erie Water Works conducted an initial review of the Schaffner report and found it to contain a number of fundamental errors and misleading information. Their full response to the Schaffner report will be shared with the Supervisors at their next negotiation session. Mr. Vojtek addressed Erie Water Works financial situation. Regardless of the outcome of the next session, Erie Water Works will use the facts to set the record straight.

Louis Aliota, 538 Margo Court , appeared to give his background to the Board. He asked the Board to enhance what is put on the website regarding the 2010 Budget. He asked whether the budget was computerized. Mr. Aliota met with Mr. Curtis several times to ask if he could be appointed to a citizen’s committee to utilize his services on a volunteer basis. He thinks there should be more transparency for the citizens of Millcreek to access. Budget information is available to any citizen at any time according to Mr. Kujawa. Mr. Aliota asked about financial interest statements. Mr. Aliota recommended that supervisors be limited to two terms in office with reduction of terms from six to four years. Mr. Figaski informed him that this would probably mean a change in the form of government which is an issue remaining on his radar.

George Riedesel, Executive Director of the Millcreek Township Water and Sewer Authorities, read a letter addressed to the MTWA Chairman from the Summit Township Water Authority expressing their opposition to the lease or sale arrangement by Erie Water Works. (Letter available for review in the Secretary’s Office.) STWA urged the MTWA to proceed cautiously in any and all discussions relative to any proposed arrangement whereby the Erie Water Works would have operational control of the Milllcreek Township water system.

Ron Kolb, 4101 Vista Drive , feels that Mr. Schaffner did a fine job on his report. All that needs to be done is to direct the monopoly that sets the rates to extend their bond rates.

Bud Dever, 3333 West 32nd Street , appeared to defend the integrity of the Police Department. He served 30 years as a police officer of this Township and has been a taxpayer for 53 years. His issue is with the Township-provided life insurance dropping from $10,000 to $5,000 when a retired employee reaches the age of 70. Treasurer Wolf said the Township has never negotiated with retirees during any employee negotiations. Mr. Dever feels this is age discrimination and asked the Board to consider changing this policy. Mr. Figaski stated this would have to be done through negotiations.

There being no other citizens to be heard or further business to come before the Board, it was moved by Mr. McGrath and seconded by Mr. Figaski to adjourn the meeting. The motion carried and the meeting adjourned at 8:25 p.m.

Phyllis A. Vollbrecht
Assistant Secretary

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APPROVED: June 15, 2010

Joseph S. Kujawa
Brian P. McGrath
Richard P. Figaski