Regular Meeting                                                                                                                         September 23, 2008

 

 

The regular meeting of the Millcreek Township Board of Supervisors was called to order at 7:00 p.m. by Chairman McGrath in the Assembly Room of the Millcreek Township Municipal Building.  Present were Gerald Wolf, Lawrence Curtis, Brian McGrath, Joseph Kujawa, Evan Adair, Esq., Phyllis Vollbrecht, and Richard Morris, P.E.

 

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. Curtis and seconded by Mr. McGrath to approve the minutes of the meeting of September 16, 2008.  Voting yes:  Curtis, McGrath.  Mr. Kujawa was on vacation.

 

It was moved by Mr. Curtis and seconded by Mr. Kujawa to approve payment of the weekly General Fund bills in the amount of $199,370.82.  Motion carried by unanimous roll call vote.

 

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

 

Frank C. and Marianne V. Urraro.  Subdivision Plan.  A subdivision plan to create a 2.0 acre parcel (Parcel A) located along the south line of West 38th Street (S.R. 4016) in Tract 314.  Said 2.0 acre parcel is to become an integral part of the adjoining lands of David L. and Lisa McLallen.

 

Engineer Morris reported that the Millcreek Township Planning Commission recommended approval of the plan.  No one appeared on behalf of or against the plan.  It was moved by Mr. Curtis and seconded by Mr. Kujawa to approve the subdivision plan.  Motion carried by unanimous roll call vote.

 

Northwest Savings Bank.  Land Development Plan.  A land development plan to construct a 3,985 square foot bank with associated parking area located at the southeast corner of West 26th Street (S.R. 0020) and Sterrettania Road (S.R. 0832) in Tract 24.

 

Engineer Morris reported that the Millcreek Township Planning Commission recommended approval with the following:

 

Requirement

1.                   Provide confirmation from PennDOT on sidewalk construction.

 

Condition

1.                   Raze old bank within six months of opening new bank to provide the required parking.

 

Colin Noble, David Laird Associates, 1557 West 26th Street, appeared on behalf of the plan.  The requirement and condition are agreeable to the developer. 

 

It was moved by Mr. Kujawa and seconded by Mr. Curtis to approve the Land Development Plan with the requirement and condition stated above.  The question of who will install sidewalks has yet to be determined, but if PennDOT does not, the bank is aware of its responsibility to have them installed.  Motion carried by unanimous roll call vote.

 

Forestview Health Care Center.  Land Development Plan.  A land development plan to construct a 1,960 square foot building addition with associated driveway and parking area located along the east line of Edinboro Road (S.R. 0099) at the Millcreek and Summit Township boundary line in Tract 347.

 

Engineer Morris reported that the Millcreek Township Planning Commission recommended approval with the following:

 

Condition

1.                   Provide sidewalk easement along Route 99 dedicated for public use.

 

Requirement

1.                   Provide ten foot green strip along Route 99.

 

Steven Kopac, Urban Engineers, 1319 Sassafras Street, appeared on behalf of the plan and stated both conditions have been met. 

 

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

 

Whispering Woods Subdivision No. 7.  Final Subdivision Plan.  A final subdivision plan to create 42 lots along both sides of the proposed extension of Mystic Ridge from Stone Creek Drive to Forest Crossing in Tract 354.

 

Engineer Morris reported that the Millcreek Township Planning Commission recommended approval with the following:

 

Variances

1.                   3:1 depth-to-width ratio for Lots 232, 234, 236,237, 238, and 240.

2.                   Road grades greater than 6% but must be less or equal to 9%.

 

Conditions:

1.                   All Preliminary Plan approval, conditions, requirements and requests are in effect.

2.                   Provide an $11,611.90 Zimmerly Road bridge contribution.

3.                   Provide a $50,000.00 Hershey and Grubb Roads traffic signal contribution.

 

Mike Sanford, Sanford Surveying & Engineering, appeared on behalf of the plan and stated the developer understands and agrees with the above.  Mr. Kujawa asked when the traffic signal contribution will be paid.  Engineer Morris said it is required to be paid before the recording of the final phase.  Nine phases were originally planned, but Phase 7 is now the last phase. 

 

It was moved by Mr. Kujawa and seconded by Mr. Curtis to approve the final subdivision plan with the variances, conditions, and making the traffic signal contribution a requirement as stated above.  Motion carried by unanimous roll call vote.

 

It was moved by Mr. Curtis and seconded by Mr. Kujawa to approve Resolution 2008-R-29; a Resolution confirming for purposes of recording and receipt by Millcreek Township of liquid fuels tax revenues those Resolutions of the Millcreek Township Board of Supervisors accepting completion of public streets during the period commencing October 30, 2007 through
September 23, 2008.  Motion carried by unanimous roll call vote.

 

Zoning Code Administrator Charles Pierce reported to the Board that the property located at 717 Harmony Drive is in violation of the Millcreek Township Nuisance Ordinance No. 95-9, Section 4(h) and 5(a).  Notices of Violation were sent to the property owner and no action was taken to correct the violation.  A civil action was filed at the District Justice and judgment was for Millcreek Township.  Mr. Pierce recommended that 717 Harmony Drive be declared a public nuisance so the Township can abate the nuisance.  It was moved by Mr. McGrath and seconded by Mr. Curtis to approve Resolution 2008-R-30; a Resolution to formally declare conditions at property known as 717 Harmony Drive a public nuisance; to authorize action to abate such public nuisance in the event of the owner’s failure to remove said nuisance and to authorize the assessment of a municipal claim for costs incurred in abating such nuisance, in accordance with the general municipal law.  Motion carried by unanimous roll call vote.

 

It was moved by Mr. Curtis and seconded by Mr. Kujawa to authorize the West Ridge Fire Department Fire Police to provide traffic control while crossing pedestrians on Sterrettania Road at Brown Farm for three McDowell High School cross country meets on September 25, October 2, and October 9 from 3:00 p.m. to 5:30 p.m.  Chairman McGrath 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. Kujawa to permit the closing of Caughey Road from West 26th Street to the northernmost McDowell High School parking lot on October 3, 2008 from 5:15 p.m. to 6:45 p.m. for the Homecoming Parade.  Also, the Building Maintenance Department will post “No Parking” signs on West 27th Street between
Caughey Road and Homestead Drive and on Homestead Drive between West 27th Street and Meadow Drive for the staging area for the parade.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

Friday Orr, Property Officer and part-time dispatcher, requested permission to attend the Pennsylvania Emergency Responders Conference at the Bayfront Convention Center on
October 4 and 5, 2008.  Because the conference is on Saturday and Sunday, Mr. Orr requested a change in his work schedule to attend the conference while on work time.  The conference will provide continuing education credits for Emergency Medical Dispatcher certification he needs to work as a dispatcher.  It was moved by Mr. Curtis and seconded by Mr. Kujawa that Mr. Orr be permitted to take Friday off so that he will attend the conference using one work day and one day on his own.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

Mr. McGrath reported that Streets Department Foreman Clifford Joslin received the following quotations for steel (36 – 20 foot lengths of angle, 88 – 20 foot lengths of flat steel, and
30 – 20 foot lengths of round steel) for storm sewer grates:

 

            Erie Concrete and Steel Supply Company                             $9,817.03

            The Warren Company                                                       $9,999.33

            A. Duchini, Inc.                                                              No quotation

 

It was moved by Mr. McGrath and seconded by Mr. Curtis to purchase the steel from Erie Concrete and Steel Supply Company for $9,817.03.  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 approve Resolution 2008-R-31; a five-year Agility Work Plan Agreement with Pennsylvania Department of Transportation.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

It was recommended by Charles Pierce, Zoning Code Administrator, moved by Mr. Kujawa and seconded by Mr. Curtis to approve a six-month extension of the zoning variance for Fuhrman’s Cider Mill, Inc. because of their inability to secure adequate reconstruction funds.  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 purchase a 30” rockhound for the mini excavator from A. R. Beatty Diesel Sales and Service for $6,989.00.  Mr. Kujawa contacted Vermeer Sales and Service and Walsh Equipment who could not provide this piece of equipment.  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 purchase a new JCB Model 406 wheel loader from Walsh Equipment, Inc. for the Recycling Center on PA GSA
Contract 2420-02 in the amount of $59,831.00.  Chairman McGrath called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

 

Mr. Kujawa reported that Clifford Joslin, President of the West Lake Fire Department, asked that the Board announce the Fire Department’s Open House on October 11, 2008. 

 

Mr. Kujawa reminded residents of the Textile Recycling Event at all Erie County Walmart’s on September 27, 2008 from 9:00 a.m. to 1:00 p.m.  Clean, dry clothes, shoes, sheets, towels, etc. in clear bags will be accepted.  

 

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.  Motion carried and the meeting adjourned at 7:27 p.m.

 

Phyllis A. Vollbrecht

Assistant Secretary

 

 

APPROVED:    October 7, 2008

 

Brian P. McGrath

Lawrence G. Curtis

Joseph S. Kujawa