Regular Meeting                                                                                                                         February 26, 2008

 

 

The regular meeting of the Millcreek Township Board of Supervisors was called to order at 7:05 p.m. by Chairman McGrath in the Assembly Room of the Millcreek Township Municipal Building.  Present were Lawrence Curtis, Brian McGrath, Joseph Kujawa, Evan Adair, Esq., Phyllis Vollbrecht, and Richard Morris, P.E.  Treasurer Wolf was unable to attend.

 

Following the Pledge to the Flag, Chairman McGrath called for public comment on agenda items other than development or rezoning applications.  No comments were received.

 

It was moved by Mr. Kujawa and seconded by Mr. Curtis to approve the minutes of the Board’s February 19, 2008 meeting.  Motion carried by unanimous roll call vote.

 

It was moved by Mr. Curtis and seconded by Mr. Kujawa to approve payment of the weekly bills in the following amounts:

 

            General Fund                                                                  $187,444.02

            Sewer Revenue Fund                                                        $166,413.56

 

Motion carried by unanimous roll call vote.

 

A public hearing was held on the following subdivision of property:

 

Presque Isle Investments, LLC.  Subdivision Plan.  A subdivision plan to create a
0.256 acre parcel located along the east line of
Zuck Road (S.R. 4015) north of West 35th Street in Tract 77.

 

Engineer Morris explained that no representative appeared at the January Planning Commission meeting so it was tabled one month.  At the February Planning Commission meeting, again there was no representative present, so it was tabled again for one month.  The Board of Supervisors, under the present Ordinance, has the ability to deny the application.  Engineer Morris noted that the developer and engineer were called both months.  Attorney Adair said that under the former Ordinance if the applicant did not appear at the Planning Commission meeting, the application was tabled.  That is not what the current ordinance provides.  It indicates that if the applicant does not appear and does not give good cause in time for the Supervisors’ meeting, the Board shall deny the application.  He advised the Planning Commission at both meetings, based on not knowing the provisions of the current ordinance, to table.  It is very unusual that a developer seeks subdivision approval but fails to attend any meetings.  It does cost the Township money and employees time.  Section 6.20.1 of the Subdivision Ordinance says that if no one appears, the Planning Commission shall recommend that the application be denied.  It is then referred to the Board of Supervisors.  Unless the applicant, prior to the Board’s consideration, provides good cause for the non-attendance, the Board will deny the application.

 

It was moved by Mr. Kujawa and seconded by Mr. Curtis to deny the application of Presque Isle Investments, LLC as defined above.  Motion carried by unanimous roll call vote.

 

Snap-Tite, Inc.  Subdivision Plan.  A subdivision plan to create a 0.630 acre parcel located along the north side of West 22nd Street east of James Avenue in Tract 17.  Said 0.630 acre parcel is to become an integral part of Erie County Tax Parcel 33-52-211-40.

Engineer Morris reported that the Millcreek Township Planning Commission recommended approval.  Michael Sanford, Sanford Surveying and Engineering, appeared on behalf of Snap-Tite, Inc.  He explained that this is a minor subdivision moving the rear portion of one tax lot to become integral with the adjoining lot.  A building is currently straddling the tax lot line; hence the subdivision so the building is on one tax lot.

 

It was moved by Mr. Curtis and seconded by Mr. Kujawa to approve the subdivision plan.  Motion carried by unanimous roll call vote.

 

Part of Lot 34 and Lot 35 of the Edgewood Subdivision.  Subdivision Plan.  A subdivision plan to create two (2) 0.25 acre parcels, Parcels “A” and “B”, located at the southeast corner of West 12th Street and Oregon Avenue in Tract 13.

 

Engineer Morris reported that the Millcreek Township Planning Commission recommended approval with the requirement that a 20 foot building setback dimension and label to the drawing along Oregon Avenue and West 12th Street be added.

 

Chip Riehl, 2580 West 8th Street, appeared on behalf of the subdivision.  He explained that two houses were built on one lot years ago.  Each lot complies with all subdivision ordinances.  They would like to create two separate lots.

 

It was moved by Mr. Kujawa and seconded by Mr. Curtis to approve the subdivision plan with the requirement stated above.  Motion carried by unanimous roll call vote.

 

It was moved by Mr. Curtis and seconded by Mr. Kujawa to approve Ordinance No. 2008-2; 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 4915 Old Zuck Road, now zoned Agriculture District, I Height and Area, to be rezoned to “A” Business District, I Height and Area.  Motion carried by unanimous roll call vote.

 

It was recommended Engineer Morris, moved by Mr. Kujawa, seconded by Mr. Curtis, to approve a 180-day approval extension for the replot of land for Greystone Group – Hershey, Ltd. (Hershey Road and Peach Street).  The Board approved the subdivision plan on November 28, 2007.  The majority of the property is located in Summit Township and the developer has had difficulty obtaining required approvals from Summit Township.  Motion carried by unanimous roll call vote.   

 

It was moved by Mr. Curtis and seconded by Mr. Kujawa to appoint Susan J. Moczulski (four-year term) and Rebecca N. Adair (three-year term) to the Suburban Erie Building Authority.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

Mr. Curtis moved, Mr. Kujawa seconded to approve the sale of a 2000 Ford Crown Victoria (Police cruiser) to Lake Shore Fire Department for $2,000.00.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

It was requested by the Millcreek Township School District that Millcreek Township provide a crossing guard for Caughey Road just north of West 38th Street for morning and afternoon sessions beginning as soon as possible and lasting until the end of the school year at the cost of $10.00 per session.  Next year, the School District intends to hire a person for this position.  It was moved by Mr. Curtis and seconded by Mr. Kujawa to approve the request.  Mr. Kujawa felt this is necessary for safety reasons, but had reservations about high-school students listening to a crossing guard.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

On the recommendation of James Sperry, Director of Parks and Recreation, it was moved by Mr. McGrath and seconded by Mr. Curtis that Philip Falbo be permitted to attend a “Becoming a Certified Pool Operator” class on April 2 and 3, 2008 at the Bel-Aire Motel at the cost of $225.00.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

It was requested by Mark Dietz, Assistant Streets Department Foreman, to send five (5) Streets Department employees to a training class on the new paver on February 29, 2008 in Pittsburgh, PA.  A Township vehicle will be used for travel. It was moved by Mr. Kujawa and seconded by Mr. Curtis to approve the request.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

It was moved by Mr. Kujawa and seconded by Mr. Curtis that Mr. Kujawa, in his capacity as Roadmaster; Mr. Curtis, in his capacity as Administrator of Public Safety and Services and Administrative Services; and Mr. Wolf be permitted to attend a PELRAS training conference in State College, Pennsylvania on March 26, 27, and 28, 2008 with expenses paid by the Township.  A Township vehicle will be used for travel.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

It was moved by Mr. Kujawa and seconded by Mr. Curtis to hold the March 25, 2008 Supervisors’ meeting at 9:30 a.m. at the Millcreek Township Municipal Building instead of
7:00 p.m. at the Belle Valley Elementary School.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

Attorney Adair reported that the Millcreek Township School District entered into an agreement with the owner of property at West 38th Street and Pacific Avenue regarding a settlement of the property owner’s tax assessment valuation appeal.  It involves the adjustment of the value and the taxes that would be due on that value back to January 1, 2003.  Some refunds are due from each of the taxing districts.  On the recommendation of Attorney Adair, it was moved by Mr. Kujawa and seconded by Mr. Curtis to approve the settlement of the appeal of this property owner and authorize the issuance of the required refund check in the amount of $12,911.13.  Chairman McGrath called for public comment on the matter; none was received.  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. Kujawa and seconded by Mr. Curtis to adjourn the meeting.  The motion carried and the meeting adjourned at 7:24 p.m.

 

Phyllis A. Vollbrecht

Assistant Secretary

 

 

APPROVED:    March 4, 2008

 

Brian P. McGrath

Lawrence G. Curtis

Joseph S. Kujawa