Regular Meeting                                                                                                                         October 23, 2007

 

 

The regular meeting of the Millcreek Township Board of Supervisors was called to order at 7:03 p.m.by Chairman Kujawa in the All-Purpose Room of Belle Valley Elementary School.  Present were Gerald Wolf, Lawrence Curtis, Joseph Kujawa, Brian McGrath, Evan Adair, Esq. and Peter C. Dion.

 

Following the Pledge to the Flag, Mr. 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 the minutes of the Board’s October 16, 2007 meeting.  Motion carried by unanimous roll call vote.

 

It was moved by Mr. McGrath and seconded by Mr. Curtis to approve payment of the weekly bills in the following amount, which motion carried by unanimous roll call vote:

 

General Fund                                                      $151,452.40

                                     

Mr. Kujawa announced that the Township had solicited quotations for a reduced scope of work for the Bondy Drive Storm Sewer Repair Project and that quotations were received from Don McCaslin at $8,360.00 and from Gerlach’s at $11,300.00, with no quotation received from Chivers Construction.  On recommendation of Anne Shingledecker, P.E., it was moved by Mr. McGrath and seconded by Mr. Curtis to award the contract to Don McCaslin for a price of $8,360.00.  Motion carried by unanimous roll call vote.

 

Public hearings were held on the following land development plan applications:

 

Raymond L. Chartier and Olga Chartier.   A subdivision plan to create a 0.0139 acre parcel located along the west line of Richmond Street south of Lehigh Street in Tract 346, said 0.0139 acre parcel to become an integral part of the parcel bearing Erie County Assessment No. (33) 120-540-5.01.

 

Mr. Dion reported that the Planning Commission, after public hearing, recommended approval of the application with the condition, as proposed in the application, that the 0.0139 acre parcel shall become an integral part of the parcel bearing Assessment No. (33) 120-540-5.41, approval requiring a variance as to the 3:1 depth to frontage regulation.

 

Elaine R. Smith, residing at 5126 Richmond Street, spoke on behalf of the application.  Ms. Smith provided the Board with several photographs depicting portions of the adjacent properties, the current boundary between the lots and that which would exist if the application is approved.  The application proposes that a strip of land approximately 4.5' in width be established, this to be conveyed by Mr. and Mrs. Chartier, owners of property at 5122 Richmond Street, to the property at 5126 Richmond Street, owned by Ms. Smith.

 

It was moved by Mr. McGrath and seconded by Mr. Curtis that the application be approved with a variance from the 3:1 lot depth to frontage regulation and on the condition that the 0.0139 acre parcel become an integral part of the parcel at 5126 Richmond Street bearing Assessment No. (33) 120-540-5.41.  Motion carried by unanimous roll call vote.

 

Drew R. Williams and Deborah A. Williams.  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 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 food parcel to become integral parts of the parcels bearing Erie County Assessment Nos. (33) 120-537-7 and (33) 120-537-6, respectively.

 

Mr. Dion reported that the Planning Commission, after public hearing, recommended denial of the application as it did not meet regulations of Section 11.17(8) of the Subdivision and Land Development Ordinance, which requires a minimum lot size of 10,500 square feet where public sewer is available and on-lot water service is to be provided.

 

Mr. Kujawa noted that the applicants by letter dated October 19, 2007 had requested that the Board table action on the application for two weeks.  Mr. Kujawa asked if anyone present wished to speak for or in opposition to the application.  No one expressed a wish to speak.  Noting that the Board will not have a meeting on November 6 as it is Election Day, it was moved by Mr. McGrath and seconded by Mr. Curtis that action on the application be tabled to the November 13, 2007 meeting. Motion carried by unanimous roll call vote.

 

Randy R. Nyberg and Renee C. Nyberg.  A subdivision plan to create a 0.918 acre parcel (Lot A), a 0.846 acre parcel (Lot B) and a 0.861 acre parcel (Lot C) located along the east line of Colonial Avenue between Sierra Drive and Brooks Drive, both unopened paper streets south of West 38th Street (S.R. 4016) in Tract 86.

 

Mr. Dion reported that the Planning Commission, after public hearing, had recommended approval of the application and of grant of a variance from the 3:1 lot depth to frontage ratio, and that the Planning Commission specifically asked that the Board of Supervisors consider stormwater drainage issues generally in acting on the application, as opposed to relying on individual grading plans for the proposed lots.

 

Randy Nyberg, residing at 4122 Vassar Street, spoke on behalf of the application.  Mr. Nyberg noted that he and Mrs. Nyberg had submitted several previous applications for development of the land.  Referring to comments regarding drainage made before the Planning Commission, Mr. Nyberg stated that he has topographical maps showing that one neighbor’s property drains to the south and that the property of another neighbor (Attorney and Mrs. Brown) flows to one of the paper streets abutting the property.

 

Mr. McGrath stated that a grading plan for the entire property would provide an overall plan to govern development of the lots and would add assurances as to appropriate stormwater management, including flows naturally directed to and toward the property.  Mr. Nyberg stated that he did not object to this.

 

William Brown, residing at 4040 McCreary Road, stated that his property and the land involved in the application had been portions of the McCreary farm; that a significant ditch went through the property behind (south of) his property and north along Colonial Avenue 30 to 40 feet, a pipe going under Sierra Drive; and that the property is lower than the grade of Colonial Avenue.  Mr. Brown stated that his property drains to the north and cannot drain to the south because of the topography.  Mr. Brown stated that this property was filled in, which affected its grade and the preexisting drainage pattern.  Mr. Brown expressed the understanding that the ordinance requires that watercourses be shown on a plan and that the drainage ditch is a watercourse.  Mr. Brown said that he believes the cheapest way to address problems, if the Township constructs storm sewers along Colonial Avenue to a sufficient depth, is a catch basin 20-30 feet off Colonial Avenue on Brooks Street.

 

It was moved by Mr. McGrath and seconded by Mr. Curtis that the application be approved, with a variance granted as to the lots’ depth to frontage ratio and on the condition that an overall grading plan be submitted and approved by the Township.  Motion carried by unanimous roll call vote.

 

On recommendation of Bill Hitchcock, Mr. Curtis moved and Mr. McGrath seconded that the Board award to U.S. Municipal Supply contracts under the PACC bid prices for an 11-foot TENCO full trip reversible plow for the Recreation and Parks Department at a price of $6,010.50 and for an 11-foot One-Way slotted trip plow for the Streets Department at a price of $5,000.00.  Motion carried by unanimous roll call vote.

 

Mr. Curtis announced that the Township, in response to its solicitation, had received quotations of $5,271.00 from Automotive Service Equipment, $6,697.00 from Eagle Equipment and $7,360.00 from AutoZone for a 12,000-pound four post lift.  On recommendation of Bill Hitchcock, Mr. Curtis moved and Mr. McGrath seconded that the Board award to Automotive Service Equipment a contract for a Bendpak 12,000-pound four post lift with two 6,000 lb. rolling jacks at the price of $5,271.00.  Motion carried by unanimous roll call vote.

 

Mr. Kujawa announced that in response to its solicitation, the Township had received quotations from  Forest Park at $3,810.00  and $4,154.00 and from Wagner Mower at $4,152.00 for a new V-blade snowplow.  Mr. Kujawa moved and Mr. McGrath seconded that the Board award to Forest Park a contract for a Western brand V-blade snow plow at a price of $3,810.00.  Motion carried by unanimous roll call vote.

 

Mr. Kujawa announced that he had received for the Township a check representing a donation by LECOM in the amount of $28,288.00, to assist in purchase of bulletproof vests for members of the Police Department.  Mr. Kujawa thanked LECOM for its generous support.

 

Richard Figaski spoke as a member of the Millcreek Water Task Force and encouraged the Supervisors to address issues of equalizing water rates.  Mr. McGrath and Mr. Curtis stated that the Supervisors are awaiting receipt of the mediator’s recommendation in a proceeding involving the Millcreek Water Authority and the Erie City Water Authority and a report from Alan Kugler on these issues, as both could affect any communications with Erie City Water Authority.

 

No other citizens wishing to be heard and there being no further business to come before the Board, it was moved by Mr. McGrath, seconded by Mr. Curtis to adjourn the meeting.  Motion carried and the meeting adjourned at 7:46 p.m.

 

Phyllis A. Vollbrecht

Assistant Secretary

 

 

APPROVED:    October 30, 2007

 

Joseph S. Kujawa

Brian P. McGrath

Lawrence G. Curtis