Regular Meeting                                                   February 16, 2010

The regular meeting of the Millcreek Township Board of Supervisors was called to order at 9:32 a.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, Julie Maggio , Richard Morris, P.E., and Chief Thomas Carlotti.

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. McGrath and seconded by Mr. Figaski to approve payment of the weekly General Fund bills in the amount of $444,169.99 and the Sewer Revenue Fund bills in the amount of $57,221.23.  Motion carried by unanimous roll call vote.

Chief Carlotti requested that the following promotions be approved by the Board of Supervisors which are necessary to maintain the current rank structure of the Police Department due to the retirement of Lt. Daniel Goodman, and provided officer information on each:

William Detisch (28 years of service) – from Sergeant to rank of Lieutenant.  It was moved by Mr. McGrath and seconded by Mr. Figaski to approve this promotion effective February 12, 2010 .  Motion carried by unanimous roll call vote.

 

Richard Skonieczka (19 years of service) – from Corporal to rank of Sergeant.  It was moved by Mr. Figaski and seconded by Mr. McGrath to approve this promotion effective February 12, 2010 .  Motion carried by unanimous roll call vote.     

 

David Parmeter (11 years of service) – from Patrolman to rank of Corporal.  It was moved by Mr. McGrath and seconded by Mr. Figaski to approve this promotion effective February 12, 2010 .  Motion carried by unanimous roll call vote.

 

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

Mary C. Bertges, for property located at 5319 Old Zuck Road, consisting of approximately 6.8 acres of land, now zoned Agriculture District, asking for a change of classification to “D” Residence District.

Mrs. Maggio reported that the Millcreek Township Planning Commission recommended approval, Erie County Planning reported it generally consistent with the Erie County Comprehensive Plan, and the Millcreek Township Future Land Use Plan map shows multi-family designation.

 

Stuart Friedman, PIRL Developers, 4949 Galaxy Parkway , Warrensville Heights , Ohio , appeared on behalf of the plan.  He described the plan, working with HANDS, for 30 to 40 townhomes and to keep as much green space as possible.  Mr. Figaski questioned the number of townhomes, number of people, whether property taxes would be paid considering the participation of HANDS (a non-profit organization).  Mr. Friedman informed him that there would be approximately 1,600 people and property taxes would be paid. 

Mr. McGrath cautioned that the Board considers the change of the current zoning to what was requested and not the development plans at this stage.  If something transpires between the rezoning and submission of the land development plan, the Board might have to consider something entirely different for the new zoning.  He also asked if a contribution toward road improvements was mentioned to the developer.  Mr. Friedman indicated that the suggestion was made.  Mr. Kujawa said it is very important for the developer to work with the neighbors.

 

Mike DiMattio, 5632 Old Zuck Road , appeared with a concern about over-populating the area.  He is opposed to the rezoning because of the population density with all the beautiful subdivisions in close proximity, traffic, decrease in property values, and he urged the Board not to vote for the change.  Mr. Kujawa said that just because a property gets rezoned does not mean the Land Development Plan gets approved.  The property will remain residential, whether it’s multi-family or single-family, one way or another, in accordance with the Comprehensive Plan according to Mr. McGrath.  The neighbors will have multiple chances to express concerns regarding density, storm water, traffic, etc. when the Land Development Plan is presented. 

 

Mike Robie, 2791 North Birch Run, also was concerned about traffic and safety in their quiet neighborhood.  The neighbors will work with the developer and Supervisors on what is constructed there.  He does want to see a barrier kept between the existing homes and the new development.

 

It was moved by Mr. McGrath and seconded by Mr. Figaski to approve the rezoning from Agriculture District to “D” Residence District.  Motion carried by unanimous roll call vote.

 

Regarding consideration of the Land Development Plan to show the construction of relocated Powell Avenue, the construction of a cul-de-sac at Marshall Drive and West 11th Street and the extension of Runway 6-24 located east of Powell Avenue south of West 12th Street in Tracts 11, 12, 13, 18, 19 and 20 which was tabled at the Supervisors’ meeting on January 26, 2010,
John Camp of C&S Engineers, Inc. appeared with two signed Letters of Intent from two neighbors on Marshall Drive involved in the provision of the Marshall Drive turnaround project.  A guard rail will be constructed at the northern boundary of
West 11th Street at Marshall Drive and the expansion of driveways to provide for the turnaround of large vehicles. 

Mr. Kujawa and Engineer Morris visited the site yesterday.  Mr. Kujawa suggested that the two catch basins on the east and west sides on West 11th Street be brought in two feet so they don’t interfere with the sidewalks.  The earth mound should be built four feet wide and about ten feet further north.  The earth mound should have trees to create a six foot screen with flowers and a sign indicating “No Thru Street.”  Much discussion followed on signage.

Gary Nyberg, 1018 Clifton Drive , asked if any consideration was given to increased traffic on Clifton Drive .  Mr. Kujawa advised him that all the stop signs in the area were looked at and no matter where you go, there is no short cut.  After everything is done, the stop signs will be re-evaluated.  Mr. Nyberg pointed out that Clifton Drive will be the only through street nearby from West 12th Street to West Lake Road and he worries about neighborhood safety. 

Carl Barry, Community Resources for Independence , thanked the Board and the Airport for having the public meeting. They are pleased with and support the plan.  Mr. McGrath asked Mr. Barry if, when discussions begin for the traffic signal at West 12th and Marshall, CRI would support that by contacting legislators and PennDOT to make that a permanent signal.  Mr. Barry indicated that they have been showing support for that light since 2008.  Engineer Morris asked him to encourage everyone who uses their facility to use the signal rather than the driveway to the west of that intersection.

It was moved by Mr. McGrath and seconded by Mr. Figaski to approve the Runway 6-24 Extension Land Development Plan with the following conditions.

1.        Earth mound shall be four feet (4’) high with a two-foot (2’) base from the existing catch basins on each side, 2:1 side slopes all around; planted with flowers around arborvitae that will form six-foot (6’) tall green screen within three years; no guide rail installed; and earth mound shall be ten feet (10’) north of intersection.

2.         Provide an easement agreement from the owners of the first driveway north of West 11th Street for the use of the first 35’ west of Marshall Drive to be used as a turnaround.

3.        Reconstruct the driveway apron and 35’ of driveway using six inch (6”) stone base, six inch (6”) concrete and 6x6 10/10 WWF.

4.        Furnish and install the following signs:

A.   NO OUTLET for southbound traffic south of West 10th Street on Marshall Drive .

B.   DOUBLE ARROW on north side of West 11th Street on Marshall Drive .

C.  NOT A THRU STREET for northbound on Marshall Drive north of West 12th Street .

5.        Provide extended sidewalks with ADA approved ramps to cross Marshall Drive north of West 11th Street .              

Mr. McGrath thanked the two neighbors who offered the use of their property for the turnaround.  Tyrone Clark, MGC-Erie, thanked the Supervisors and the neighbors for their participation in the resolution of this situation.

Motion carried by unanimous roll call vote.

On the recommendation of George Riedesel, Millcreek Township Sewer Authority Executive Director, who spoke on behalf of the planning module, it was moved by Mr. Figaski and seconded by Mr. McGrath to approve Resolution 2010-R-5; a Sewer Planning Module for the Wattsburg Road Low Pressure Sanitary Sewer Extension Project.  Motion carried by unanimous roll call vote.

It was moved by Mr. McGrath and seconded by Mr. Figaski to approve Resolution 2010-R-6; a Resolution to authorize exoneration of taxes assessed against mobile homes deemed by the Erie County Bureau of Assessment to have been removed or damaged to an extent rendering them worthless.  Motion carried by unanimous roll call vote.

It was moved by Mr. McGrath and seconded by Mr. Figaski to approve Resolution 2010-R-7; a Resolution to authorize exoneration of Millcreek Township property taxes assessed and imposed through calendar year 2010 on the parcel bearing Erie County Tax Assessment No. (33) 163-619.0-112.13 ( Beacon Hill stormwater detention basin).  Motion carried by unanimous roll call vote.

It was moved by Mr. Figaski and seconded by Mr. McGrath to approve Resolution 2010-R-8; a Resolution amending the schedule of charges and fees and charges assessed for copies of services in providing records under the Right-to-Know Law.  Mr. Figaski explained the only change being the charges for fingerprinting and this resolution will bring the charges up to what others are charging.  Motion carried by unanimous roll call vote.

It was moved by Mr. McGrath and seconded by Mr. Figaski to approve Resolution 2010-R-9; a Resolution endorsing inclusion of a Cleveland to Erie to Buffalo corridor in the nation’s high speed rail plan.  Motion carried by unanimous roll call vote.

On the recommendation of Treasurer Wolf, it was moved by Mr. McGrath and seconded by Mr. Figaski to authorize the Secretary to sign a User License Agreement for the computer voice stress analyzer software used in the Police Department that was approved at last week’s meeting.  There will be a four-year on-site warranty at the cost of $300.00.  There being no public comment, the motion carried by unanimous roll call vote.

It was moved by Mr. McGrath to commit to the purchase of road salt for the 2010/2011 season through Costars and not the Erie Area Council of Governments who could not get the price Costars could.  The motion was seconded by Mr. Figaski.  There being no public comment, the motion carried by unanimous roll call vote.

Mr. Kujawa reported that Garage Manager Bill Hitchcock researched the value of the wing from the old Streets Truck 219.  It was determined that the value of the wing would be equal to its scrap value—about $170.00.  Amity Township expressed an interest in purchasing it so it was moved by Mr. Kujawa and seconded by Mr. McGrath to sell the wing to Amity Township for $170.00.  There being no public comment, the motion carried by unanimous roll call vote.

Mr. Kujawa announced the posting of the “Third Shift Winter Maintenance Foreman” in the Streets Department position. 

Mr. Kujawa asked Mr. Figaski if he met with the Mayor about Millcreek ’s representative on the Erie Water Authority and if he met with George Riedesel about the Millcreek water system.  Mr. Figaski informed him that he did meet with the Mayor who directed him to City Council to look at the representative situation.  He received the minutes from the last negotiation session and is looking for a revised lease offer from Erie Water Works sometime this week and then another meeting could be scheduled.  He spoke with Mr. Riedesel who provided him with a copy of the Kugler Report. 

It was moved by Mr. Figaski and seconded by Mr. McGrath to appoint the following to the Cable Television Advisory Committee for a one-year term to expire December 31, 2010: Harry Renton, Gary Garnavish, Ronald Wilga, Mario Loreti, Phil Fatica, James Globa (all previous members), and Chuck Leone (new member).  There being no public comment, the motion carried by unanimous roll call vote.

It was moved by Mr. Figaski and seconded by Mr. McGrath to approve the use of the Fire Police for traffic control at the Kiwanis Club’s annual Antique Show on April 17, 2010 from 6:00 a.m. to 6:00 p.m. at Rainbow Gardens .  There being no public comment, the motion carried by unanimous roll call vote.

It was moved by Mr. Figaski, seconded by Mr. McGrath, to approve the use of the Fire Police for traffic control at Discover Presque Isle Days on July 23, 24 and 25, 2010 at Presque Isle.  There being no public comment, the motion carried by unanimous roll call vote.

Robert Mitchell, Chief Fire Inspector, requested permission to attend a Juvenile Fire Setter Course I and II, Train the Trainer Certification Course on March 15 to 19, 2010 at the Pennsylvania Fire Academy at no cost and that he be permitted to use a Township vehicle for transportation.  It was moved by Mr. Figaski and seconded by Mr. Mitchell to approve the request.  There being no public comment, the motion carried by unanimous roll call vote.

Last October, the Board visited the sidewalk situation in the Township and a draft was presented on a revision to the Sidewalk Ordinance on November 11 but nothing further has been done.  Mr. Figaski received a phone call from a resident who has a court date next month regarding his sidewalk and asked if the Board could move forward on the draft ordinance so court action would not be necessary.  The matter will be discussed with Attorney Adair at the Board’s regular weekly meeting with him.

Mr. Figaski told the other Board members that a situation has come up involving residents who operate businesses out of their homes and the way they are billed for sewer.  There seems to be holes in the Sewer Ordinance.  Mr. Riedesel said he would look at how the ordinance is written, but they are trying to be very consistent on the enforcement of it.  A lot of homes have multiple uses and they try to adhere to the intent of the Ordinance.  Mr. Figaski does not want to put Mr. Riedesel in the position of having to exercise administrative discretion if there is something the Board can do to help plug the holes.  Mr. Figaski asked if the Sewer Ordinance could be reviewed.

Mr. Riedesel informed the Board that delivery of the Schaffner Report will be slightly delayed because the Schaffner firm has received additional information that needs to be incorporated into the report.  It should be available by mid-March.

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. Figaski to adjourn the meeting.  The motion carried and the meeting adjourned at 11:00 a.m.

                                                                        Phyllis A. Vollbrecht

                                                                        Assistant Secretary

_______________________________________________________________________________

APPROVED:    February 23, 2010

Joseph S. Kujawa
Richard P. Figaski