Regular Meeting                                                                                                                    November 27, 2007

 

 

The regular meeting of the Millcreek Township Board of Supervisors was called to order at 7:00 p.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, and Anne Shingledecker, P.E.

 

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. 

 

Mr. Kujawa welcomed a governmental accounting class and their instructor from Tri State Business Institute.

 

It was moved by Mr. McGrath and seconded by Mr. Curtis to approve the minutes of the Board’s May 8, 2007 meeting.  Motion carried by unanimous roll call vote.  It was moved by Mr. McGrath and seconded by Mr. Curtis to approve the minutes of the Board’s May 22, 2007 meeting.  Motion carried by unanimous roll call vote.  It was moved by Mr. McGrath and seconded by Mr. Curtis to approve the minutes of the Board’s June 19, 2007 meeting.  Motion carried by unanimous roll call vote.  It was moved by Mr. McGrath and seconded by Mr. Curtis to approve the minutes of the Board’s June 26, 2007 meeting.  Motion carried by unanimous roll call vote.  It was moved by Mr. McGrath and seconded by Mr. Curtis to approve the minutes of the Board’s November 20, 2007 meeting.  Motion carried by unanimous roll call vote.

 

Payment of the weekly bills in the following was approved on motion by Mr. Curtis and seconded by Mr. McGrath:

 

            General Fund                                                               $453,786.22

            Sewer Revenue Fund                                                   $  97,203.07

 

Motion carried by unanimous roll call vote.

 

A public hearing was held on the following subdivisions and land development plans:

 

Drew R. and Deborah A. Williams.  Subdivision Plan.  A subdivision plan to create two (2) 8,400 square foot parcels (Lots 1 and 2); a 9,000 square foot parcel (Lot 3); and a 7,200 and 5,920 square foot parcel located at the northeast corner of Richmond Street and Dudley Street in Tract 346.  Said 7,200 square foot parcel and 5,920 square foot parcel are to become integral parts of Erie County Tax Parcels 33-120-537-7 and 6 respectively.  (Tabled at Supervisors’ meetings on October 23 and November 13, 2007.)

 

Engineer Shingledecker reported that a letter requesting that consideration of the subdivision application be tabled indefinitely was received from Drew and Deborah Williams.  They waive their rights to a timely decision on the application under Section 508 of the Municipalities Planning Code from October 9, 2007 through the date on which their written request for consideration was received by the Township.  It was moved by Mr. McGrath and seconded by Mr. Curtis to table the subdivision plan indefinitely until such time as a request to consider it is received.  Motion carried by unanimous roll call vote.

 

Replot of Lots 14, 15, and 16 of the Nicholson Heights Addition.  Subdivision Plan.  A subdivision plan to create a 240 square foot parcel located along the east line of Richmond Street south of Bryant Street in Tract 346.  Said 240 square foot parcel is to become an integral part of Erie County Tax Parcel 33-120-537-1.01.

 

Engineer Shingledecker reported that the Millcreek Township Planning Commission recommended denial based on the seven foot side yard not meeting the requirements of the Zoning Ordinance.

 

Colin Noble, David James Laird Associates, 1557 West 26th Street, appeared on behalf of the plan.  He said an agreement between the owner of the tax parcel to the south and the applicant establishing a seven foot side yard and replotting a new property line should be done within the week.  A lot of decisions need to be made regarding this property, so this agreement must be done as soon as possible.  A petition requesting rezoning is scheduled to come before the Board on December 18.  Mr. McGrath cautioned that if the description of the subdivision is changed, the description on the request for rezoning must be changed also.

 

It was moved by Mr. McGrath and seconded by Mr. Curtis to approve this subdivision with the condition that a new mylar be submitted showing the amended property line.  Motion carried by unanimous roll call vote.

 

Replot of the Lands of James O. and Patricia M. Sanders.  Subdivision Plan.  A subdivision plan to create a 17,984 square foot parcel (“B-2”) located east of Elizabeth Lane and north of Wolf Road in Tract 281.  Said Parcel “B-2” is to become an integral part of County Index 33-2-1-51.

 

Engineer Shingledecker reported that the Millcreek Township Planning Commission recommended approval.

 

No one appeared on behalf of or against the plan.  It was moved by Mr. McGrath and seconded by Mr. Curtis to approve the plan.  Motion carried by unanimous roll call vote.

 

Replot of Lands for Greystone Group – Hershey, Ltd.  Subdivision Plan.  A subdivision plan to create a 0.16 acre parcel located along the south line of Old Hershey Road west of Peach Street (S.R. 0019) in Tract 347.

 

Engineer Shingledecker reported that the Millcreek Township Planning Commission recommended approval with the condition that the relocated sign meet all zoning regulations and there be no outlet onto Old Hershey Road. 

 

Michael Lewis, Greystone Group-Hershey, 30050 Chagrin Boulevard, Suite 360, Pepper Pike, Ohio appeared on behalf of the subdivision.  The plan has been revised and resubmitted as recommended by the Planning Commission.  Currently the sign straddles the Township line but when the project moves forward, it will be relocated within Township guidelines.

 

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

 

Replot of Lands of Blue Diamond Realty, LLC.  Subdivision Plan.  A subdivision plan to create a 2.78 acre parcel (“A-3”) located along the north line of Protane Boulevard east of Colonial Avenue in Tract 20.  Said parcel “A-3” is to become an integral part of County Index 33-45-227-1.01.

 

Engineer Shingledecker reported that the Millcreek Township Planning Commission recommended approval with the condition that “future parking area” be removed from the “A” Residential zoned areas which is not a permitted use.

 

No one appeared on behalf of or against the plan.  Attorney Adair opined that the removal of future parking area from “A” Residential zoned area is not a condition by a requirement.  It was moved by Mr. McGrath and seconded by Mr. Curtis to approve the subdivision plan with the requirement stated above.  Motion carried by unanimous roll call vote.

 

John R. and Diane M. Hall.  Subdivision Plan.  A subdivision plan to create a
28,872 square foot parcel (Lot 45B) located along the north line of Stellar Drive east of Grubb Road (S.R. 4011) in Tract 352.

 

Engineer Shingledecker reported that the Millcreek Township Planning Commission recommended approval.

 

John Hall, 3954 Stellar Drive appeared on behalf of the plan.  It was moved by Mr. Curtis and seconded by Mr. McGrath to approve the subdivision plan.  Motion carried by unanimous roll call vote.

 

John David Borgia Special Needs Trust.  Subdivision Plan.  A subdivision plan to create a 1.234 acre parcel (Lot A) located along the east line of Garries Road south of Zimmerly Road in Tract 350.

 

Engineer Shingledecker reported that the Millcreek Township Planning Commission recommended approval with a request for five feet of additional right-of-way along Garries Road per the Transportation Plan.

 

Joseph Borgia, 9512 Perry Highway, Waterford appeared on behalf of the plan.  In answer to Mr. McGrath’s question, Engineer Shingledecker said the 3:1 depth-to-width ratio is not required in this case.

 

It was moved by Mr. McGrath and seconded by Mr. Curtis with the above stated request.  Motion carried by unanimous roll call vote.

 

Multi Family Layout.  Sketch Plan.  A sketch plan to show the concept of constructing 110 units with a private drive located at the southwest corner of
Old French Road (S.R. 0097) and Arbuckle Road in Tract 342.

 

Engineer Shingledecker reported that the Millcreek Township Planning Commission took no action but made the following comments:

 

1.                   Comprehensive Plan calls for industrial zoning.

2.                   Density to be based on an outlet to a State road - most restrictive access (Evans Road)

3.                   Penelec easement not be included as developable land. 

 

Engineer Shingledecker said part of the property along Old French Road is zoned “A” Residential and the other portion is zoned “B” Business.

 

Colin Noble, David James Laird Associates, 1557 West 26th Street, appeared on behalf of the plan.  Mr. Kujawa said the Board looked at the property and the proposed 110 lots.  With the restricted access, 72 lots are permitted.  And with the easement, it comes down to 56 two-bedroom units.

 

Mr. Kujawa told Mr. Noble that if this development proceeds, there may be a traffic light contribution requested.  Engineer Shingledecker said a contribution of $1,959.00 for Glenwood Park Avenue and Young Road, and $1,536.00 for Glenridge Road and Route 505 would be requested. 

 

It’s the feeling of the Board that a second access would be required on Evans Road according to Mr. McGrath. 

 

Greg Mraz, 5301 Pinehurst Drive, appeared with a great concern about the types of buildings that could be built.  He lives on the corner of Pinehurst Drive and Glenridge Road which is a major bus route.  The traffic is bad enough now but would significantly increase with this development.    The usage of the property has not been told, and he is very concerned about the type of housing.  Mr. McGrath said that multi-family units are proposed for this property. 

 

The Board explained the long process of subdivisions and land development plans and how the public can be involved.  Also explained was the formula used to determine the amount developers are asked to contribute towards traffic signals, and the method of notifying surrounding residents of upcoming subdivision matters.

 

Mr. Noble showed some pictures of similar units built by the developer in Fairview.  Mr. Kujawa said this is so far ahead of the sketch plan presented tonight.

 

Rebecca Gianoni, 5537 Old French Road, lives across the road from the proposed development.  She pointed out the increase in traffic since the casino opened.  Other concerns are their wells, decrease in property values, the uncertainty of the type of housing, and increase in crime/drugs/alcohol.

 

Mr. Kujawa said the sewer line runs across the south end of this property and public water is available.

 

Again, Mrs. Gianoni expressed her concern over traffic.  Mr. Kujawa pointed out that if single family homes (eight to ten) were to go in, the State would have to approve a highway occupancy permit for each home onto Old French Road.

 

Bob Enas, 5427 Pinehurst Drive, indicated that the neighbors have dealt with this before with another subdivision which resulted in $350,000 to $400,000 homes being built.  Those homes enhanced the area and did not significantly increase the traffic.  He, too, was concerned over the traffic if  high density housing goes in there. 

 

If this property was strictly “A” Residential, almost 34 single-family houses could be built on this parcel according to Mr. McGrath, so there is not a huge different between the proposed multi-family and single-family. 

 

Mr. Noble said the Soil Conservation District and the Department of Environmental Protection reviews the plans regarding sewer and water.  He also said the plan was for two bedroom quality units with garages.

 

Louis Nagy, 5607 Old French Road, asked that if this development creates a problem with wells in the area, who would pay to solve the problem.  Also, he asked about the type of housing proposed. 

 

Since this was a sketch plan, no vote was taken.

 

Iadeluca Chiropractic Center.  Land Development Plan.  A land development plan to construct a 4,000 square foot chiropractic office with associated parking area located at the southeast corner of Bryant Street and Richmond Street in Tract 346.

 

Engineer Shingledecker reported that the Millcreek Township Planning Commission recommended denial based on the following:

 

1.                   No access to Richmond Street per 1972 rezoning

2.                   Buffer zone 20 feet – 30 feet required

3.                   Six foot green strip – 10 feet required

4.                   Aisle width 24 feet – 25 feet required

5.                   20 foot setback from Richmond Street encroached upon

6.                   Variance for buffer, green strip, aisle width, and setback

 

According to Engineer Shingledecker, this property will come before the Board with a rezoning request in a couple of weeks. 

 

Colin Noble, David James Laird Associates, appeared on behalf of the plan and said they want the best solution for all as they want to keep the site as green as possible.  They will make adjustments on the items mentioned above. 

 

Mr. Kujawa said he spent a lot of time on this plan.  If the seven foot issue is resolved (see Replot of Lots 14, 15, and 16 of Nicholson Heights Addition), the one variance for the buffer zone would be needed.  The 10 foot green strip also is required.  The Zoning Hearing Board would act on the buffer, aisle width, and setback while the Supervisors would act on the green strip.

 

Mr. McGrath said that Mr. Kujawa, and the Engineering and Zoning Department have spent a great deal of time of this and the problem he has with a submittal like this is that there are ordinance to follow and what was submitted ignored many of them.  Perhaps a sketch plan should have been submitted first, or submit a plan that meets the ordinances and the Board would then have the ability to approve or deny.  Now everyone is trying to help make changes in the middle of a process that should have been done before it was even submitted.  The developer needs to go back to the drawing board, make the necessary changes, and resubmit for Board consideration. 

 

Mr. Noble said this property has some limited options and they felt this plan could be done.  Mr. Kujawa suggested tabling the Land Development Plan until the changes are made.  The property is scheduled to come before the Board on December 18 for rezoning.

 

It was moved by Mr. McGrath and seconded by Mr. Curtis to table consideration of the Land Development Plan until the meeting of December 18, 2007.  Motion carried by unanimous roll call vote. 

 

It was moved by Mr. McGrath and seconded by Mr. Curtis to approve the enactment of  Ordinance No. 2007-8;  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 certain parcels of land situate in the Township of Millcreek, County of Erie, and Commonwealth of Pennsylvania, described as follows, to-wit:  Southernmost portion of Property at 1104 Selinger Avenue, now zoned Resort Business District, V Height and Area, to be rezoned to Light Industry District, IV Height and Area; and Property at 5125 West Ridge Road, now zoned Agriculture District and “B” Business 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 recommended by Treasurer Wolf, moved by Mr. Curtis and seconded by Mr. McGrath to approve an Agreement between Erie County and Millcreek Township for the sale of dog licenses, effective December 1, 2007 through December 31, 2008, and that the Secretary be authorized to sign the same.  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, seconded by Mr. McGrath, that Kirk McCaslin, West Lake Volunteer Firefighter and Streets Department employee, be permitted time off to attend a Fatal Fire Investigation Course on December 10 and 11, 2007 in Warren, Ohio.  Expenses will be paid by West Lake Fire Department.  Chairman Kujawa called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

It was recommended by Parks and Recreation Director James Sperry, moved by Mr. McGrath and seconded by Mr. Curtis to approve the following for the 2008 winter season staff:

 

            Leona Carlson              Aquatic Director/WSI                                       $10.00/hour

            Mike Kujawinski          MIHS Pool Supervisor                                      $10.00/hour

            Ashley Marsteller         MIHS Pool Supervisor                                      $10.00/hour

            Stephanie Komorek      Water Safety Instructor                                    $  9.00/hour

            Lizzie Schraven            Water Safety Instructor                                    $  8.50/hour

            Lauren Stucznski         Water Safety Instructor                                    $  8.50/hour

            James Power                Water Safety Instructor                                    $  9.00/hour

            Andrew Gorniak           Lifeguard                                                         $  7.65/hour

            James Mahoney           Lifeguard                                                         $  7.65/hour

            Jenise Postas               Lifeguard                                                         $  7.65/hour

            Rachel Robertson         Water Safety Instructor (Sub)                           $  9.00/hour

            Karen Link                  Water Safety Instructor (Sub)                           $  9.00/hour

            Anne Seamans             Water Safety Instructor (Sub)                           $  9.00/hour

            Courtney Marsteller     Water Safety Instructor (Sub)                           $  9.00/hour

            Kathleen Magoon         Water Safety Instructor/Water Exercise           $10.00/hour

            Kelly Kabasinski          Lifeguard                                                         $  7.15/hour

            Robert Mitchell            Lifeguard                                                         $  7.65/hour

            Samantha Dylewski      Lifeguard                                                         $  7.15/hour

            Ashley Wieczorek         Lifeguard                                                         $  7.65/hour

 

            Adult Leisure

            Betty Nelson                Supervisor (Art)                                                $10.00/hour

            Arlene Elliott               Supervisor (Knit)                                              $10.00/hour

            Charles Elliott              Supervisor (Caning)                                          $10.00/hour

            Tim Rettger                 Supervisor (Silk Flowers)                                 $10.00/hour

 

            Adult Fitness

            Laurie Gualtier-King    Supervisor (Aerobics)                                        $10.00/hour

            Carol Gilbo                   Supervisor (Dance)                                           $10.00/hour

            Janet Peters                 Supervisor (Yoga)                                             $10.00/hour

            Janet Stachowiak         Supervisor (Yoga)                                             $10.00/hour

 

            Martial Arts/Kick Boxing

            Frank DiSalvo              Supervisor                                                        $10.00/hour

           

            Pre-School/Toddler Aerobics

            Elaine Berndt               Supervisor                                                        $10.00/hour

           

            Youth Dance

            Elyssa Lindenberger     Supervisor                                                        $10.00/hour

            Marah Lindenberger    Asst. Supervisor                                               $  9.50/hour

 

            Open Gym/Table Tennis

            Chester Vendetti                      Supervisor                                            $  8.00/hour

            Sam Steiner                 Supervisor                                                        $  8.00/hour

            Arvin Fiedtkou             Supervisor                                                        $  8.00/hour

 

            Tuite

            Joe Logue                    Supervisor                                                        Volunteer

 

            Part-time Office

            Elaine Berndt                                                                                       $  9.50/hour

 

            Barn Supervisors

            Evelyn Bossar              Supervisor                                                        $  9.00/hour

            Robert fuller                 Supervisor                                                        $  9.00/hour

            Aaron Johnson             Supervisor                                                        $  9.00/hour

            Elaine Berndt               Supervisor                                                        $  8.00/hour

 

Chairman Kujawa called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

Jack Flanagan, 3253 West 13th Street, appeared to ask about the Millcreek Golf Course, the Erie Golf Course, and the Airport extension project.  Mr. Kujawa said it appears that Erie County would like some plans made by the end of the year.  As far as Millcreek Township’s portion of the two golf courses, a plan is being submitted to DEP and EPA according to
Mr. McGrath.  If they approve, the Millcreek course would remain a learning center, although smaller in scope, and the Township would acquire Erie Golf Course through the deal between the Airport and the City of Erie.  The Township would then own both courses and hire operators.  Six holes, driving range, chipping and putting areas make up the proposal to the EPA for Millcreek’s course.  The Board knows nothing more about the Airport.

 

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. Curtis to adjourn the meeting.  The motion carried and the meeting adjourned at 8:20 p.m.

 

Phyllis A. Vollbrecht

Assistant Secretary

 

 

APPROVED:    December 18, 2007

 

Joseph S. Kujawa

Brian P. McGrath