Regular
Meeting
The
regular meeting of the Millcreek Township Board of Supervisors was called to
order at
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. Kujawa to approve the minutes of
the Board’s
It
was moved by Mr. Figaski and seconded by Mr. Kujawa to approve payment of the
weekly General Fund bills in the amount of $128,422.86.
Motion carried by unanimous roll call vote.
Mr.
Kujawa and Pete Burns, Walmart Manager, presented a $50 Walmart gift card to
Leanne and Daniel Wolfe for their recycling efforts.
A
public hearing was held on the following subdivision:
Glen
Meadows Subdivision, Phase 4 Replot of
Engineer
Sokol reported that the Millcreek Township Planning Commission recommended
approval with the following:
Condition
1.
Change
the name of
2.
Provide
an easement on the mylar for Lots 57, 58, 59 and 60 having only one access to
Variance
1.
3:1
depth-to-width ratio for
It
was moved by Mr. Figaski and seconded by Mr. Kujawa to approve Resolution
2010-R-10; a Resolution to amend Millcreek Township’s Fiscal Year 2008
Community Development Block Grant (CDBG) Action Plan.
The resolution amends the plan to decrease the allocation for the
Pastore-Penelec Flood Detention Basin Construction Project by $100,000 and
increase the allocation to the Housing Rehabilitation Activity by $100,000.
Motion carried by unanimous roll call vote.
It
was moved by Mr. Figaski and seconded by Mr. Kujawa to approve Resolution
2010-R-11; a Resolution to amend Millcreek Township’s Fiscal Year 2009
Community Development Block Grant (CDBG) Action Plan.
The resolution amends the plan to delete the allocation for the
Pastore-Penelec Flood Detention Basin Construction Project by $100,000 and
delete the Public Facilities Activity known as Ridgebury Apartments Site
Improvements Project and set aside $28,000 for the Lakewood Park Improvement
Project. Motion carried by unanimous
roll call vote.
George
Riedesel, Executive Director of the Millcreek Township Sewer and Water
Authorities, explained Resolution 2010-R-12.
This project is based on service requests, known violations and an on-lot
septic malfunction rate of more than 25% of the twelve homeowners involved.
Ten out of the twelve have agreed to the project.
Eight bids were received; all of which were two-thirds of the
engineer’s estimate. It was moved
by Mr. Figaski and seconded by Mr. Kujawa to approve Resolution 2010-R-12; a
Resolution pursuant to Section 6(s) of the Municipal Authorities Act to approve
the plan of construction and estimated project costs of the Millcreek Township
Sewer Authority’s Old Sterrettania Road Low Pressure Sanitary Sewer Project.
Motion carried by unanimous roll call vote.
On
motion by Mr. Figaski, seconded by Mr. Kujawa, the following petition requesting
a change in zoning classification was referred to the Planning Commission for
consideration:
Edinboro
in Erie – The Porreco Center, for
property located at
of classification to “A” Business District.
Motion
carried by unanimous roll call vote.
It
was recommended by Garage Operations Manager Bill Hitchcock, moved by Mr. Kujawa
and seconded by Mr. Figaski that Larry Manus, Dave Guthrie, Andy Tucholski, and
It
was moved by Mr. Kujawa and seconded by Mr. Figaski that William Perry be
permitted to attend an Energy Seminar sponsored by the Erie Regional Growth
Partnership on March 3, 2010 at the Blasco Library at 10:00 a.m. and that
William Perry and Gerald Wolf be permitted to attend a Financial Incentive
Seminar on March 4, 2010 at the Tom Ridge Environmental Center at 1:00 p.m.
A Township vehicle will be used for transportation to both seminars.
There being no public comment, the motion carried by unanimous roll call
vote.
It
was moved by Mr. Kujawa and seconded by Mr. Figaski that Corey Walters be
permitted to attend a Recycling 101 – Practice and Theory Class on March 25
and 26, 2010 at the Centre County Solid Waste Authority in
It
was requested by Gary Snyder, Asst. Sewer Department Foreman, to purchase new
radios for the Sewer Department vehicles for which he received the following
quotation on State Contract No. 5820-02 for the equipment only in the amount of
$14,740.09. Licensing fees will be
determined by the FCC based on the number of vehicles and stations.
The expenditure is in the 2010 Budget.
It was moved by Mr. Kujawa and seconded by Mr. Figaski to approve this
request. There being no public
comment, the motion carried by unanimous roll call vote.
On
the recommendation of Chief Carlotti, it was moved by Mr. Figaski, seconded by
Mr. Kujawa that Sgt. Richard Skonieczka and Cpl. Timothy Fallon be permitted to
attend an FBI sponsored “Violent Crime and Behavioral Analysis Seminar” from
April 20 to 22, 2010 in Pittsburgh, Pennsylvania.
Training is at no cost but lodging and meal allotment costs to attend
would be $492.00 plus fuel costs. There
being no public comment, the motion carried by unanimous roll call vote.
On
the recommendation of Chief Carlotti, it was moved by Mr. Figaski and seconded
by Mr. Kujawa that Lt. Scott Heidt be permitted to attend the
It
was requested by Chief Carlotti that the services of a uniformed police officer
be donated to the Harley Davidson Owners Group of
It
was moved by Mr. Figaski and seconded by Mr. Kujawa to approve the use of the
Millcreek Township Fire Police for traffic control, crowd control, parking of
vehicles and security for the 22nd Annual Greek Festival from
Mr.
Figaski reported that a former Supervisor filed for unemployment benefits and
when discussed among the Board members, he did not agree with the other two on
whether to take action to deny these benefits.
An unemployment benefit hearing was held last week for a different
employee at which the labor attorney, witnesses and a great deal of effort was
made to deny these benefits. He does
not believe an elected official should be permitted to get these benefits, at
least without the Township objecting, because the Township is a self-insured
organization and any unemployment compensation received comes directly out of
the taxpayers’ pocket. It was
moved by Mr. Figaski that the Township take action to aggressively argue against
these benefits being offered. Mr.
Kujawa said this is a personnel issue and referred to the Solicitor.
Atty. Adair indicated that he is not party to the proceeding that’s
been raised or the one last week (that employee was terminated for cause).
This issue is not an elected Supervisor apply for unemployment but a
person who was employed by the Township in an employee capacity.
This has been recognized by Appellate Courts and by the Unemployment
Compensation Board of Review. The
same situation came up 15 years ago. The
fact that the Township is self-insured does not mean that people aren’t
entitled to whatever rights they have under the Unemployment Compensation Law. Mr.
Figaski feels that a person has to be elected supervisor before he can be
appointed to a paid employee position. He
strongly feels the Board should challenge this.
A letter was sent to the UC Board explaining the 2nd Class Township Code
but did not make a recommendation or wish of the Township to deny the benefits
or to inform the referee of other information which is pertinent as to whether
or not these benefits should be granted. Mr.
Kujawa wants to talk with the Township’s labor attorney before making any
decision. Mr. Figaski said time is
of the essence and a stand on the issue will establish a precedence if the
referee is given all the facts. He
asked if someone could be authorized to call the UC Board to ask that the appeal
be delayed until the Supervisors come to a decision.
He has already called them to voice his opinion as a minority member of
the Board of Supervisors. Atty.
Adair said he didn’t recall in his 18 years at the Township the Board deciding
at a public meeting whether to oppose or not an unemployment compensation issue.
He reminded Mr. Figaski about the
Mr.
Figaski asked Mr. Kujawa if he knew what the 2010 Millcreek Township Water
Authority rates are. He did not.
The MTWA customers received a rate increase of 42˘ per 1,000 gallons; an
increase of 8.5% over last year. Also,
there was a customer service charge increase from $12.00 to $14.50 per quarter;
a 21% increase over last year. He
figured the average bill increased 17% over last year’s charges.
Erie Water Works raised their rates 10% after a very public cost of
service study, two public hearings, and a public resolution.
There has not been a hearing on a rate increase in
Mrs.
Weber commented that she was on the Board of Supervisors 15 years ago when the
unemployment compensation issue came up for a person who was not re-elected and
the fact that he filed for the benefit was very cleverly and deliberately hidden
from her or she would have taken the same position that Supervisor Figaski is
taking tonight. She did not find out
until months and months later. The
Township did nothing then and just let him have it.
She said this is the “old boys’ network” at work here tonight,
except for Mr. Figaski. She told the
Board that they owe the taxpayers a fight on the Larry Curtis unemployment
claim. The Board should work with
the labor attorney to contact the unemployment office and file an objection.
This is a public matter because this person was an elected official.
Mr.
Kujawa pointed out that he didn’t say he wasn’t going to do anything about
Mr. Curtis’s issue, but that he wanted to talk with the labor attorney before
making a decision. He also told Mrs.
Weber that she was very well aware of the unemployment issue 15 years ago.
The Board could have discussed the matter today if they had known it
would be brought up at tonight’s meeting.
Ronald
Kolb,
Buzz
Andrezeski,
Craig
Skellie,
Kathy
Kujawa,
There
being no other citizens to be heard or further business to come before the
Board, it was moved by Mr. Figaski and seconded by Mr. Kujawa to adjourn the
meeting at
Phyllis A. Vollbrecht
Assistant Secretary
_______________________________________________________________________________
APPROVED:
March 9, 2010
Joseph
S. Kujawa
Richard P. Figaski