Regular Meeting                                                                         January 4, 2010

The regular meeting of the Millcreek Township Board of Supervisors was called to order at 9:41 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, and Richard Morris, P.E.

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 Sewer Revenue Fund bills in the amount of $470,576.19.  Motion carried by unanimous roll call vote.

It was moved by Mr. McGrath and seconded by Mr. Figaski to adopt Resolution 2010-R-3; a Resolution of the Board of Supervisors that effective January 1, 2010, and continuing until such time as changed by later adopted resolution of the Township Board of Supervisors, the amount of Participant Contributions to be paid into the Millcreek Township Police Pension Plan shall be set at the rate of five percent (5%) of the participant’s compensation.  Motion carried by unanimous roll call vote.

Mr. Figaski suggested, after the Supervisors were informed several weeks ago by Mr. Riedesel that the Water Authority proposed to initiate litigation against Erie Water Works over disputed bulk water rates, that everyone should put their efforts toward a lease.  Mr. Figaski feels litigation would do nothing to help the alleged “hard feelings” between the authorities.  He asked the Board for either a resolution or a communication to the Millcreek Township Water Authority to not pursue arbitration, mediation, or litigation with Erie Water Works.  It was decided that the Board would discuss how to proceed with Attorney Adair.  Mr. McGrath feels that arbitration and mediation are much preferred, and depending on the results of the forensic audit, the Board may be forced to do something.  Mr. Figaski predicted that the audit would show that the lease agreement between the City of Erie and Erie Water Works is a bad financial deal.  Millcreek has no control over that but we do have control over working around that lease to get every rate payer in the Township equal water rates. 

Jess Jiuliante, 1703 Sunrise Lakes Drive , appeared regarding township supervisors, how they are paid, and what their duties and responsibilities are.  Supervisors are elected to serve at board meetings.  Second class townships are the only municipalities where supervisors are permitted to employ themselves in jobs within the township.  The appointments made today are legal according to the Second Class Township Code.  The misconception among many Township residents is that when elected, supervisors have full-time jobs.  That is not the case.  They are elected only to be a member of the Board of Supervisors and their authority is only within the scope of the decisions made at an official meeting.  Beyond that, a supervisor has no unilateral authority to make decisions on his/her own.  Beyond their serving at meetings, they become Township employees.  The elected Board of Auditors set the salaries of the supervisors.  He pointed out that the voters put the supervisors in positions that should not pay more than $5,000 per year in their official capacities.  The supervisors give themselves the full-time jobs and as such, collect a full-time salary as employees and are permitted to participate in full-time benefits.  Mr. Jiuliante feels a different form of government is now needed in the Township.  A manager should be hired with a board of five supervisors that do not employ themselves.  He encouraged Mr. Figaski to continue with his efforts to make this change.  Mr. Figaski said he wants to move toward that end but must do that now within the system he is currently working.    

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 10:08 a.m.  

                                                                        Phyllis A. Vollbrecht
                                                                        Assistant Secretary

APPROVED:      January 12, 2010  

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