1981-10-13 Regular Meetingr r
MINUTES FROM A JOINT MEETING OF THE
RESIDENTS OF OTTER AVENUE, BELLS FLATS SUBDIVISION
AND THE BELLS FLATS - RUSSIAN CREEK SERVICE AREA ADVISORY BOARD
A meeting regarding Otter Avenue, Bells Flats Subdivision was held on October 13, 1981
in the conference room of the Borough Building. The following persons were in attendance:
Spencer Schaeffer
Phil Shealy
Glenn Mathes
C. A. Lucas
Bjorn Dahl
Thomas Schwantes
D. W. Geddes
Allan B. Crouse
Dave Crowe
Marchiel Richburg
Kelly Wakefield
Bill Williams
Ken Sikora
The meeting was called to order at 7:45 p.m. Dave Crowe, Borough Engineer, noted
that this matter had come to his attention after Mr. Lucas had talked to Phil Shealy
in early July, 1981. He stated that Mr. Lucas's concern was primarily the public
road which had been built upon his property without authorization. Mr. Lucas ex-
pressed considerable concern regarding the liability in the event of a serious
accident, involving a car coming down the steep grade. This was confirmed by the
Borough Manager's conversation with the Borough Attorney, who stated that Mr. Lucas
in fact did have considerable liability in this matter. Mr. Crowe noted that he had
had the area surveyed and that grades on Otter Avenue were very steep, including up
to a 27% incline. Mr. Crowe then reviewed three options which he presented in a
memorandum, dated October 12, 1981, a copy of which is hereto attached. He indi-
cated that Option #1 was estimated to cost $40,000.00 and included a purchase of
right-of-way to trade with Mr. Lucas for the encroachment area; Option #2 included
the purchase of some right�of-way which would provide access from Women's Bay Dr.
as well as from Russian Creek Rd. at an estimated cost of $63,000.00; Option #3
included purchase of right-of-way to provide access from Women's Bay Dr. and had
considerable problems.
After extensive discussion, several residents noted that they can make the steep
incline on the front hill by the Lucas residence due to the sun clearing the ice
rather than approaching from the flatter backside. After additional discussion,
the consensus appeared to be that the most feasible solution would be the purchase
of Lot 11B from Ms. Wakefield and then follow through with Option #2 to get Mr.
Lucas out of his problem of exposure to liability. It was further agreed that
Option #2 should be modified to provide for a narrower right-of-way and the ultimate
reconstruction of Women's Bay Dr. when financing is available. Staff indicated that
according to a letter from the Borough Attorney, dated August 5, 1981, the Service
District funds must be used for the purchase of any right-of-way. Representatives
of the Service District countered that the Borough should assume responsibility
for this problem in that the Borough Assembly had approved the plat. Others
suggested that the developer, Mr. Fern, was in fact primarily responsible in that
he had actually constucted a roadway on Mr. Lucas's property, rather than within
the dedicated right-of-way.
After further discussion, it was agreed that Staff would attempt to set up a joint
worksession between the Service District Advisory Board and the Borough Assembly
on Tuesday, October,20, 1981, at 7:30 p.m.
There being no further business, the meeting was adjourned at 9:30 p.m.