Regular Meeting                                                 February 2, 2010

The regular meeting of the Millcreek Township Board of Supervisors was called to order at 9:33 a.m. by Chairman Kujawa in the Assembly Room of the Millcreek Township Municipal Building .  Present were Gerald Wolf, Brian McGrath , Joseph Kujawa , 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. McGrath and seconded by Mr. Figaski to approve payment of the weekly General Fund bills in the amount of $596,300.07 and the Sewer Revenue Fund bills in the amount of $82,920.55.  Motion carried by unanimous roll call vote.

Regarding Ordinance No. 2010-1; an Ordinance to amend and restate Ordinance No. 99-8, commonly known as the Millcreek Township Sewer Rental Ordinance, as amended and restated by Ordinance Nos. 2004-15 and 2006-14, to increase from $70.00 to $80.00 the quarterly rental assessment per equivalent domestic unit effective January 1, 2010; containing severability and repealor clauses, Mr. McGrath moved to approve the Ordinance.  He asked Atty. Adair if there is an issue with the bills already sent out since the Ordinance has not been passed.  Atty. Adair opined that the choice is raising needed revenues or find revenues elsewhere during 2010. Typically, the Board likes to enact ordinances prospectively, but sometimes these things are done retroactively.  Mr. Kujawa asked if passing the Ordinance at this time is illegal considering the Board was notified of the transportation and treatment increase from the City of Erie very late in the year.  Atty. Adair said the Board did not find out about the increase until about December 27, had to crunch budget figures, and found it necessary to generate revenues needed to meet the budget.  Mr. Figaski suggested the possibility of reopening the budget, although it is probably too late at this point.

Barry Baker, CFO of the Millcreek Township Sewer Authority, told the Board that $1,106,917.36 is due March 31, 2010 to the City of Erie .  If the Ordinance is not enacted to the increase the rates, the funds will not be available.  Mr. Kujawa asked Mr. Figaski if he had a plan; whether it’s borrowing the money or investigating the City of Erie ’s increase, or something else.  Mr. Figaski said he’d consider borrowing money like the Water Authority was allowed to do.  Mr. Baker explained that the Water Authority’s borrowing was to give the recipients of the water assessments the rate of 4.24% rather than the Township’s rate of 10%.  Mr. McGrath said this bill is like paying a utility bill and relates it to paying the bill with a credit card.  Mr. Kujawa really is not in favor of raising sewer bills by $10.00 per quarter.  Again, he asked Mr. Figaski if he had a plan, and if not, he would wait one week to hear about a plan.  Mr. Figaski feels money can be saved by billing for sewer based on water usage and asked why it is still billed by the same flat rate if the Board felt it a good idea to bill on water usage for the past six years.  All three Supervisors must work this out so it was decided to meet this afternoon to begin the process. 

Passage of Ordinance 2010-1 died for lack of a second.

On the recommendation of Engineer Morris, it was moved by Mr. McGrath and seconded by Mr. Figaski to approve the release of First Niagara Bank Letter of Credit 601078322 in the amount of $102,190.00 for Millcreek Community Hospital .  All public improvements were completed in accordance with Township specifications.  Motion carried by unanimous roll call vote.

It was recommended by Engineer Morris, moved by Mr. McGrath and seconded by Mr. Figaski to approve the Stormwater Maintenance Agreement for the Erie Regional Airport Authority Sand/Salt Building at West 12th Street and Asbury Road .  Motion carried by unanimous roll call vote.

Mr. Kujawa reported that a public meeting is scheduled for this evening at 6:00 p.m. at the West Lake Fire Department to discuss different options for the proposed cul-de-sac at West 11th Street and Marshall Drive .

It was recommended by William Hitchcock, moved by Mr. Figaski, seconded by Mr. McGrath to purchase four (4) 2010 Ford Crown Victoria police cars from Day Fleet for the Central Westmoreland COG price of $23,295.00 each; total of $93,180.00.  There being no public comment, the motion carried by unanimous roll call vote.

On the recommendation of Robert Mitchell, Chief Fire Inspector, and the Kearsarge Fire Department, it was moved by Mr. Figaski and seconded by Mr. McGrath to approve the placement of a fire hydrant on Pinecrest Drive off Kuntz Road .  This expenditure was included in the 2010 Budget.  There being no public comment; the motion carried by unanimous roll call vote.  Mr. Mitchell explained that Erie Water Works will install the hydrant and bill the Township. 

Mr. Figaski questioned whether approval of solicitation of quotations for the replacement of 14 catch basins at last week’s meeting and then again for 14 catch basins at the December 15, 2009 meeting necessitated putting this project out for bids and would this be a splitting of projects in order to avoid the bidding process.  Mr. Kujawa explained the first catch basin replacement project was planned for the winter while Township crews were busy with snow plowing, etc.  The contractor awarded the contract was able to complete the project last year.  Another 14 catch basins needed to done.  Township crews will repair/replace approximately
60 more this summer.  Mr. Figaski said he is in favor of having them done but needed clarification on the process.  He wants to make sure projects are done in accordance with the State bidding regulations. 

It was moved by Mr. Figaski and seconded by Mr. McGrath to appoint Kim Frey to fill an unexpired term on the Millcreek Township Water Authority.  Mr. McGrath said another recommendation was submitted, so this person will be notified of any future open positions on any board.  There being no 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. Figaski to adjourn the meeting at 10:00 a.m.

                                                                                    Phyllis A. Vollbrecht
                                                                                    Assistant Secretary

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APPROVED:    February 9, 2010

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