Regular
Meeting
March
2, 2010
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. McGrath and seconded by Mr. Figaski to approve payment of the
weekly General Fund bills in the amount of $701,801.83 and the Sewer Revenue
Fund bills in the amount of $217,803.03. Motion
carried by unanimous roll call vote.
Consideration
of the following Land Development Plans:
Preliminary
Plan for
Mr.
Kujawa announced receipt of a letter from the McDonald Group who represents
Pastore Brothers, the developers, requesting withdrawal of the application for
the preliminary plan. Atty. Gary
Eiben, The McDonald Group,
Engineer
Morris reported that the Millcreek Township Planning Commission recommended
approval at their January 12 meeting; however, they had already recommended
approval of a revised Preliminary Plan with Phase 3A as a component.
Their approval was dependent upon the Preliminary Plan condition that a
traffic study and financial security for proposed traffic improvements be
imposed. Since the above revised
Preliminary Plan was withdrawn, the conditions approved no longer apply to the
original Preliminary Plan or Phase 3A. The
original plan provided for 223 units; the revised Preliminary Plan included 402
units. The Phase 3A plan is still
within the 223 units; actually 208 units.
Atty.
Eiben appeared on behalf of the plan. The
developer would like to move forward with Phase 3A.
Mr. McGrath stated that if approved, the Board would require a revised
plan.
Atty.
Adair recommended very strongly against the provision of a new Preliminary Plan
map. The request from the developer
for an amended Preliminary Plan has been withdrawn.
Preliminary Plans get approved and have a viability for five years under
the Law and they do not get changed. This
is not directly consistent with the drawing in the Preliminary Plan.
It does not alter the maximum density, the location of the interior
streets, none of which are going to be public, and the ingress/egress roads are
the same according to Mr. Kujawa. Mr.
McGrath pointed out that only if there is a change in density would a new
Preliminary Plan have to be submitted.
It
was moved by Mr. McGrath and seconded by Mr. Figaski to approve the Land
Development Plan for
It
was moved by Mr. Figaski, seconded by Mr. McGrath, to approve Ordinance No.
2010-2; an Ordinance to amend Ordinance No. 2, known as the Zoning Ordinance, as
re-enacted, amended and revised by Ordinance No. 100 and Ordinance No. 74-29 by
changing the classification of a certain parcel of land situate in the Township
of Millcreek, County of Erie and Commonwealth of Pennsylvania, described as
follows, to-wit: Property at 5319
Old Zuck Road, now zoned Agriculture District, I Height and Area, to be rezoned
to “D” Residence District, I Height and Area.
Motion carried by unanimous roll call vote.
It
was moved by Mr. McGrath and seconded by Mr. Figaski to approve Resolution
2010-R-13; a Resolution to formally confirm the grant of authority to the Erie
County Housing Authority and its designated officers and agents to execute,
acknowledge and deliver all documents necessary or appropriate to implement and
administer housing rehabilitation and other projects funded by the Township’s
Community Development Block Grant Program or otherwise.
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 reduction of Northwest Savings Bank Letter of
Credit 1205012261 from $59,167.00 to $40,744.00 for Tuscany Lane Subdivision (Pistone/Scavella,
developers). Items remaining to be
completed include sidewalks, swale, monumentation and signage.
Motion carried by unanimous roll call vote.
On
the recommendation of Streets Department Foreman
Mr.
Kujawa announced that he invited Mrs. Weber to attend the meeting today because
the Jess Jiuliante unemployment compensation issue would be discussed.
At last week’s meeting it was alleged by Mrs. Weber that Mr. McGrath
and Mr. Kujawa covered up the fact to her that Mr. Jiuliante would get
unemployment. The fact that Mr.
Jiuliante was filing for unemployment was very much in the news.
Mr. Kujawa again said that everyone knew about Mr. Jiuliante’s filing
so if she wanted to make a difference, she could have expressed her opposition.
Mr. McGrath said about $100.00 had to be deducted from his pay because
the Supervisors had not been contributing to the UC fund.
The
Township has not received any notification regarding Mr. Curtis’ unemployment.
The Board recently met with its labor attorney who does not believe the
Township would win the case against Mr. Curtis.
Mr. Kujawa said he would review the tape from last week’s meeting when
he thought Mr. Andreseski offered his services, free of charge, to represent the
Township against Mr. Curtis receiving unemployment compensation.
Mr.
Wolf said the Township received billing from the Unemployment Compensation Board
in April of 1996. He spoke with Mr.
McGrath and Mrs. Weber at that time before he began deductions out of their
paychecks for 1994 and 1995.
Mr.
Figaski said he remembered that the labor attorney was very interested in the
fact that Mr. Curtis was initially denied unemployment and wanted to defer any
type of opinion until he saw adjudication on that.
He agreed with everything else Mr. Kujawa reported.
It
was recommended by Chief Carlotti, moved by Mr. Figaski and seconded by Mr.
McGrath that Friday Orr, Property/Evidence Custodian, be permitted to attend a
Property and Evidence Management Seminar in Allison Park, Pennsylvania on May 6
and 7, 2010 at the total cost of about $493.00.
Travel will be by Department vehicle.
There being no public comment, the motion carried by unanimous roll call
vote.
Regarding
the approval at last week’s meeting for donation of police services on June 13
at the Harley Davidson shop on
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
Phyllis A. Vollbrecht
Assistant Secretary
_______________________________________________________________________________
APPROVED:
Brian P. McGrath
Richard P. Figaski