Regular Meeting                                                                                                                         July 17, 2007

 

 

The regular meeting of the Millcreek Township Board of Supervisors was called to order at 9:35 a.m. by Chairman Kujawa in the Assembly Room of the Millcreek Township Municipal Building.  Present were Gerald Wolf, Lawrence Curtis, Joseph Kujawa, Brian McGrath, Evan Adair, Esq., Phyllis Vollbrecht, Charles Pierce, Richard Morris, P.E., and Chief Richard Andrews.

 

Following the Salute 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. Curtis to approve payment of the weekly General Fund bills in the amount of $1,127,138.38.  Motion carried by unanimous roll call vote.

 

A public hearing was held on the following petitions requesting a change in zoning classification:

 

Olga Grek, Douglas E. and Susan M. Blakeslee, Robert F. and Natalie Burns, W/S Land Development LLC/Olympic Realty and Development Corporation, for properties located at 5426 and 5432 West Ridge Road, consisting of approximately 4.549 acres of land, now zoned Agriculture District, asking for a change of classification to “D” Business District.

 

Mr. Pierce reported that the Millcreek Township Planning and the Erie County Planning Department recommended approval.

 

Attorney Gary Eiben, McDonald Group, LLP, 456 West 6th Street, appeared on behalf of the rezoning.  He explained that the property, two groups of parcels and 35 acres rezoned in 2005, located north of West Ridge Road and east of Millfair Road, consist of approximately 70 acres total.  Mr. McGrath asked whether the Transportation Plan addresses the West 23rd Street extension.  Engineer Morris indicated there is a plan for the extension west of Wegman’s.  Although premature, everyone should be aware of this extension.  Attorney Eiben said that would be taken into consideration with their land development plan.

 

Leona Kuvshinikov, 5414-16 West Ridge Road, told the Board that the easement on the west side of their property was not noted on the map.  Attorney Adair said this is not a zoning issue but if the easement exists, it will be put on the map.

 

It was moved by Mr. McGrath and seconded by Mr. Curtis to approve the rezoning of the above noted property.  Motion carried by unanimous roll call vote.

 

Randall V. and Linda E. Spinek, Johnson Olanrewaju and Lin-Lang Su, Nina Nevmerzycki, Glen A. and Linda Pavkov West Ridge Apartments, Inc. and Pine Wood Properties, W/S Land Development LLC/Olympic Realty and Development Corporation, for properties located at 5252, 5242, 5224, 5216, 5208 and 5154 West Ridge Road, consisting of approximately 17.5173 acres of land, now zoned Agriculture, “D” Residence, Light and Heavy Industry Districts, asking for a change of classification to “D” Business District.

 

Mr. Pierce reported that the Millcreek Township Planning Commission and the Erie County Planning Department recommended approval.  Attorney Eiben appeared on behalf of this petition also.  All the same considerations as to the previous petition apply to this one.  It was moved by Mr. McGrath and seconded by Mr. Curtis to approve the rezoning of the above noted property.

 

The following subdivision of property was discussed:

 

Whispering Woods Estates Subdivision No. 6.  Final Subdivision Plan.  A subdivision plan to create 26 lots along both sides of the proposed extension of Forest Crossing and Stonebridge Drive in Tract 354.  (Tabled at Supervisors’ meetings on June 26 and July 3, 2007.)

 

Engineer Morris reviewed the Planning Commission recommendations as follows:

 

Variance:

1.                   Road grades greater than 6%, less than or equal to 9%

 

Conditions:

1.                   All variances, conditions, modifications, etc. granted with the Preliminary Plan approval apply.

2.                   All Zimmerly Road Bridge and other funds to be paid to the Township in the Preliminary Plan Phases 8 and 9 shall be split between Phases 6 and 7.  Since Phase 7 is now the Final Phase, the $50,000.00 traffic signal contribution for Grubb and Hershey Roads shall be paid in accordance with conditions in Attorney Evan Adair’s October 30, 1998 letter prior to recording Phase 7 instead of Preliminary Plan Phase 9.

3.                   Provide a note on the mylar defining impervious area Stormwater Management Plan calculations per lot.

 

Note:

1.                   The Commission expressed a concern about Trimble Stone becoming a public road.

 

The design of Trimble Stone presented snow plowing problems.  Now a plan has been presented showing an island splitting the traffic flow, eastbound on one side and westbound on the other.  The property owners association will maintain the bermed island.  Engineer Morris has also reviewed the DEP and Army Corp of Engineers joint permit. 

 

Upon the recommendation of Engineer Morris on the island plan, it was moved by Mr. McGrath and seconded by Mr. Curtis to approve the plan with the variance and conditions stated above, and that the property owners association be responsible for the maintenance of the island within Stonebridge Drive.  Motion carried by unanimous roll call vote.

 

It was moved by Mr. Curtis and seconded by Mr. McGrath to adopt Resolution 2007-R-19; a Resolution to amend the Rules, Rates and Regulations implementing Ordinance No. 94-29 (Emergtency Towing Ordinance) so as to increase rates and charges for emergency towing and vehicle storage services.  Motion carried by unanimous roll call vote.

 

It was recommended by Engineer Morris, moved by Mr. McGrath and seconded by Mr. Curtis to approve an amended land development plan for Eriez Magnetcs at West 23rd Street and Asbury Road.  A 567 square foot pressure wash addition is proposed over existing pavement.  Motion carried by unanimous roll call vote.

 

Engineer Morris reported that Hidden Springs Subdivision has a stormwater management plan for the entire subdivision; however, the construction of a large home causes more impervious area than the developer and engineer originally planned.  Because of that, there may not be sufficient volume in the detention basin to handle an increase in impervious area.  The Crouse property at 4494 Stillwater Circle has 4,200 square feet of impervious area and the overall impervious area for the lot should be 10,400 square foot.  It was moved by Mr. McGrath and seconded by Mr. Curtis to approve a Stormwater Maintenance Agreement for Jason T. and Margaret L. Crouse, 4494 Stillwater Circle, for an underground storage pipe and that it be shown on the mylar.  Motion carried by unanimous roll call vote.

 

Mr. Curtis moved, Mr. McGrath seconded to advertise for bids for the Police Department’s indoor firearms range renovation which is included in this year’s budget.  Chairman Kujawa called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

Mr. Curtis presented the following quotations received on safety shirts for those employees who work outdoors:

 

            L. Press and Company

            1216 State Street, Erie, PA  16501

                        With lettering for sizes up to XL                            $4.50/each

                        With lettering for sizes over XL                             $5.50/each

 

            Carlotti T’s International

            418 Shenley Drive, Erie, PA  16505

                        With lettering for sizes up to XL                            $5.25/each

                        With lettering for sizes over XL                             $6.50/each

            Silk Screen Unlimited

            1702 West 8th Street, Erie, PA  16505

                        Mr. Curtis did not have these quotations

 

Mr. Curtis said he would present all the quotations at next week’s meeting.

 

Mr. Kujawa informed all Millcreek and Fairview Township residents who frequent the Millcreek Compost and Recycling Center that a no-charge residential permit is now available.  Residents can show the permit at the gate thus eliminating registration at each visit to the center.  Information is available by calling Charlotte at Fairview Township (474-5942) on Tuesdays, Wednesdays, and Thursdays (9:00 a.m to 4:00 p.m.) or Christine at Millcreek Township (833-1111).  Mr. Kujawa thanked Charlotte and Christine for their hard work on this project.

 

Regarding Resolution 2007-R-17; a Resolution to declare Eagle L.P., Joseph D. Palermo, Jr. and PLP-III in breach of their obligations under the Developer’s Agreement for Eagles Subdivision Sections Nos. 1 and 2; to authorize exercise by Millcreek Township of its rights to the financial security tendered by the Developer to ensure completion of improvements; and to authorize solicitation of bids, contracts and all related matters necessary to rectify improper construction of improvements in the subdivision; it was moved by Mr. McGrath and seconded by Mr. Curtis to deny the resolution.  Motion carried by unanimous roll call vote.  Mr. Kujawa informed the residents that a company has been contracted to do the work with a start date and an engineering firm will inspect the work with completion this year.

 

It was requested by James Sperry, Director of Parks and Recreation, for an emergency repair to a sanitary sewer line Chestnut Hill Pool caused by construction at the school.  The following quotations were received:

 

            Wm. T. Spaeder Company, Inc.

            1602 East 18th Street, Erie, PA  16510                                 $11,450.00

 

            Heinlein Plumbing, Inc.

            4721 Sterrettania Road, Erie, PA  16506                              $  6,700.00

 

It was moved by Mr. McGrath and seconded by Mr. Curtis to award the contract to Heinlein Plumbing, Inc. for $6,700.00.  Chairman Kujawa called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

It was moved by Mr. McGrath and seconded by Mr. Curtis to approve the transfer of Charles E. Heffner, Jr. from dispatcher in the Communications Center to the Sewer Department with an effective date to be determined to ensure proper staffing in the Communications Center.  Chairman Kujawa called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

George Boyd, 2613 Dunford Way, appeared on behalf of the Eagles community to thank the Board and Engineer Morris for theirs efforts in resolving the road completion issue.  Now, without the inclusion of the turn-around at the end of Dunford Way, he asked the procedure to have the easements on the four lots at the end of Dunford Way removed as they seriously
impact the marketability of those four homes.  Those homes were constructed right up to the right-of-way.  Attorney Adair said that the Township has no intention to force a turn-around.  The Township cannot control the development of adjacent land and if and when that land is developed, that developer would probably extend the road.  Any need or justification for an easement for the turn-around or anything else would disappear.  There is the assurance that the Township is not going to compel the construction of the turn-around and yet it creates a less than perfect situation until the adjacent land is developed. 

 

Mr. Boyd said one of the four homeowners needs to sell now.  The easement must be disclosed.  Mr. McGrath said that the Engineering Department could issue a letter to the seller and/or buyer explaining the situation and technical issues involved. 

 

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. Curtis to adjourn the meeting.  The motion carried and the meeting adjourned at 10:05 a.m.

 

Phyllis A. Vollbrecht

Assistant Secretary

 

 

APPROVED:    December 11, 2007

 

Joseph S. Kujawa

Brian P. McGrath

Lawrence G. Curtis