Regular Meeting                                                                                                                         July 3, 2007

 

 

The regular meeting of the Millcreek Township Board of Supervisors was called to order at 9:29 a.m. by Chairman Kujawa in the Assembly Room of the Millcreek Township Municipal Building.  Present were Gerald Wolf, Lawrence Curtis, Joseph Kujawa, Evan Adair, Esq., Richard Morris, P.E. and Chief Richard Andrews.  Mr. McGrath was on vacation.

 

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.

 

Chairman Kujawa administered the Oath of Office to Probationary Patrolman Aaron G. Zacherl.

 

It was recommended by Chief Andrews, moved by Mr. Curtis and seconded by Mr. Kujawa that Patrolman Timothy Fallon be promoted to the rank of Corporal effective July 3, 2007 at the appropriate rate.  Cpl. Fallon will be transferred to the Investigative Services Division and work as a detective.  Chairman Kujawa called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

It was moved by Mr. Curtis and seconded by Mr. Kujawa to approve payment of the weekly General Fund bills in the amount of $63,709.23.  Motion carried by unanimous roll call vote.

 

Subdivision Plan:

 

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 from Stonebridge Drive to Stone Creek Drive in Tract 354.  (Tabled at Supervisors’ meeting on June 26, 2007.)

 

Engineer Morris reviewed the variance, three conditions, and a note the Planning Commission recommended to the Supervisors at their June 12 meeting.  The Engineering Department received some drawings showing Trimble Stone one way each direction of the island.  This is not exactly what the Supervisors requested. 

 

Steve Rapp, 4132 Stone Creek Drive, appeared on behalf of the plan.  Engineer Morris pointed out that this “bubble” in the road makes it very difficult for snow plow drivers.  The new drawing shows one lane in each direction but the bubble is not centered within the right-of-way approaches; instead it is off to the south side.  Mr. Rapp indicated that this is more of a boulevard-style road and is done this way because of conservation easements, DEP and Army Corp of Engineers requirements regarding drainage through the development, etc.  Phase 6 is the final four pieces of conduit in the whole development to complete to meet everyone’s requirements.

 

Mr. Kujawa suggested eliminating Trimble Stone all together, but Mr. Rapp said he would lose four lots because of the ravine.  They had permission to install culverts underneath the roadway to access that property where the four lots would be.  Attorney Adair advised the Board to make sure they know what the DEP permit requirements are.

 

Because the Board and Mr. Rapp could not agree, it was moved by Mr. Curtis and seconded by Mr. Kujawa to table action on the final subdivision plan for two weeks to allow time for all parties involved to meet at the site.  Motion carried by unanimous roll call vote.

 

It was moved by Mr. Kujawa and seconded by Mr. Curtis to adopt Resolution 2007-R-16; a sewer planning module for Lorie’s Wild Ridge Restaurant located at the southwest corner of West Ridge Road and Swanville Road.  Motion carried by unanimous roll call vote.

 

Resolution 2007-R-2007 was presented; 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.  Engineer Morris reported that after many letters, the Engineering Department has yet to receive a signed paving contract along with a start/finish date and a construction access plan.  It has been a very frustrating process for the Township and for the 35 residents who live in the Eagles Subdivision. 

 

Dr. Jeff Shivers, 6027 Estate Court, appeared representing the homeowners of Eagles Condominium Association, expressing their concerns over infrastructure problems.  He noted that “improper construction of improvements” in the resolution is not restricted to roads.  They are concerned that the Township’s standards for construction required for such a project as Eagles Condominiums have not been met.  There may be shortfalls in the Letter of Credit or in the mechanism for paying for this that may burden the taxpayers.  All the roads have been deteriorating to the point of on occasion being impassable, particularly when entering the Eagles Subdivision.  It is essential that emergency vehicles have access to their homes.  He understands that the current pavement is incomplete and what is there does not meet Township standards.  He feels that substandard materials were used for the whole project.  The condominium declarant and the developer have been unable to file a satisfactory time line for reconstructing the road.  The neighbors assume from this resolution that Millcreek Township will now have authority over the road and will build it to a durable, well-engineered standard.  They are taxpayers and victims of this substandard construction and do not expect to be financially burdened by the remediation of this problem.  The neighbors expect the Supervisors to use all their resources to recoup any and all costs. 

 

Dr. Shivers is also working on the stormwater management issue.  The stormwater management ordinances and maintenance guidelines are not being followed at all in this situation.  The detention pond is deeded to the association but has not been accepted by the Township.  It has not been maintained properly which could cause serious environmental problems.  Just because the Township has not accepted the pond does not mean it should not be maintained properly.  Street sedimentation basins and drains should be look at where they have been altered and had pipes hammered into them from the side.  He is not sure whether grading plans were followed.  Dr. Shivers thinks that because so many things are wrong, there will be serious problems in the future.  He encouraged the Board to approve this resolution.

 

Mr. Kujawa recommended that these deficiencies be directed to Hill Engineering.  Dr. Shiver has spoken with Hill Engineering several times; the subdivision is not being maintained and nothing is being done at all to bring conditions up to specifications.  Without maintenance on facilities, there will be ruination beyond retrieval. 

 

Attorney Adair made a recommendation that the Association contact the developer regarding the responsibility of the detention pond.  Even though it has been deeded to the Association, it has not been accepted by the Township and is therefore still the responsibility of the developer. 

 

According to Engineer Morris, Joseph Palermo (developer) requested another week to locate a paving contractor to begin work immediately.  If Engineer Morris were to take over the project now, there would be some design work as well as other items involving a long process.  It was moved by Mr. Curtis and seconded by Mr. Kujawa to table action on Resolution 2007-R-17 for one week as requested by the developer.    Motion carried by unanimous roll call vote.

 

It was recommended by Engineer Morris, moved by Mr. Curtis and seconded by Mr. Kujawa to approve the reduction of First National Bank Letter of Credit 886 from $106,151.00 to $103,917.00 (higher amount than requested) for The Reserve at Creeks Edge No. 1 (Special Properties, Inc., developer).  Items remaining to be completed include pavement, storm sewers and monumentation.  Motion carried by unanimous roll call vote.

 

It was recommended by Engineer Morris, moved by Mr. Curtis and seconded by Mr. Kujawa to deny the request of Special Properties, Inc. to reduce First National Bank Letter of Credit 944 from $19,400.00 to $7,667.00 for The Reserve at Creeks Edge No. 2 because the present amount is 10 percent of the original and there are still items to be completed (pavement and monumentation).  Motion carried by unanimous roll call vote.

 

It was recommended by Engineer Morris, moved by Mr. Curtis and seconded by Mr. Kujawa to approve the reduction of First National Bank Letter of Credit 1130 from $111,627.00 to $29,179.00 (higher amount than requested) for The Reserve at Creeks Edge No. 3 (Special Properties, Inc., developer).  Items remaining to be completed include pavement, monumentation, and signage.  Motion carried by unanimous roll call vote.

 

It was moved by Mr. Curtis and seconded by Mr. Kujawa  to hold a public hearing on the Pennsylvania Liquor Control Board Transfer for O’Charley’s Restaurant (Millcreek Marketplace) at next week’s meeting.  Motion carried by unanimous roll call vote.

 

It was moved by Mr. Curtis, seconded by Mr. Kujawa, to use the Regional Police of Erie and Crawford Counties at the 4th of July Parade on the condition that the Police Solicitor review the matter.  Chairman Kujawa called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

It was moved by Mr. Kujawa, seconded by Mr. Curtis that Recycling Clerk Christine Walter be permitted to attend a Sustainability Forum on July 18, 2007 in Mercer County.  She will use a Township vehicle for transportation.  Chairman Kujawa called for public comment on the matter; none was received.  Motion carried by unanimous.

 

It was moved by Mr. Kujawa and seconded by Mr. Curtis that Christine Walter be permitted to attend a DEP and PROPS meeting as a newly appointed Steering Committee member.  Members work with haulers, commercial institutions, the DEP, and other PROPS members to increase commercial waste count numbers.  Chairman Kujawa 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. Curtis and seconded by Mr. Kujawa to adjourn the meeting at 10:27 a.m.

 

Phyllis A. Vollbrecht

Assistant Secretary

 

 

APPROVED:    December 11, 2007

 

 

Joseph S. Kujawa

Lawrence G. Curtis